Guilty plea / Plea agreement
Agreement whereby the accused admits the facts and accepts the requested sentence, avoiding trial. In abbreviated proceedings it may be entered at any point before trial. Limit: if the requested sentence exceeds 6 years' imprisonment, the plea is only possible if the court freely accepts it.
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Other Criminal law terms
Circumstance that reduces the severity of the crime and allows imposing the sentence in its lower half. Includes: confession, damage repair, undue delays, drug addiction, kinship and analogous mitigating.
Circumstance that increases the severity of the crime and allows imposing the sentence in its upper half. Includes: treachery, abuse of superiority, disguise, price, discrimination and recidivism.
Benefit allowing suspension of imprisonment not exceeding 2 years (exceptionally 5), conditioned on not reoffending during the fixed period (2-5 years).
Personal precautionary measure depriving liberty, adopted by the investigating judge during criminal investigation. Only available when there is evidence of a crime, flight risk, evidence concealment, risk of reoffending or public alarm. Standard maximum period: 2 years (4 years for offences with a sentence exceeding 3 years). Impinges on the presumption of innocence and proportionality.
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