Hali halisi dhidi ya maneno mengi ya uongo
1. Weka hapa matokeo ya uchunguzi wa madai ya pesa kuchotwa kutoka benki kuu kama alivyodai
2. Mariadhiano ya mwenyekiti wa CCM na CDM ila hakuna mariadhiano na vyama vingine vya siasa, wananchi na serikali
3. Hakuna uthibitisho wa ruzuku ya mafuta iliyokuwa ikitangazwa kushusha bei ilikuwa halisi ni siasa tupu
4. Plea bargain ilikuwa shirikishi kuanzia ukucha hadi unywele mpaka mhimili wa kutafsiri sherai ulishirikishwa kama sheria ilivyo kuwa inaelekeza bila kuathiri maslahi ya pande zote husika.....(
the process whereby an accused and public prosecutor reach a mutual agreement without going through long court proceedings.)
"...Types of plea bargaining
Written Laws (Miscellaneous Amendments) Act (No. 4) 2019 (Act No. 11 of 2019) numerous amendments were made including the Amendment of the Criminal Procedure Act, (Cap. 20)
Plea bargaining is not a collective and cumulative scheme, it is based on the needs and demands of both sides, that is to say, the prosecution and the accused. These parties may bargain on the following terms: –
i. Charges bargaining
ii. Sentence Bargaining
iii. Facts bargaining
iv. Counts bargaining.......
Procedure for Plea Bargaining
Section
194A describes the procedure for Plea bargaining whereby Plea Bargaining can be done through Consultation by Public Prosecutor or through Consultation by the Accused or his Advocate. According to Section 194(2) the accused or his advocate or a public prosecutor may initiate plea bargaining and notify the court of their intention to negotiate a plea agreement. It is important to note thus, the law allows Plea Bargaining to be initiated either by the Prosecutor or by the Accused or any person acting on his behalf.
During Plea bargaining between the Public Prosecution and the Accused, it is the requirement of the law that Courts shall not participate in plea negotiations. Crucial importance is the requirement that no plea bargain shall be concluded without the written consent of the Director of Public Prosecution (DPP).
Consequences for entering Plea bargaining
Section
194B lays down the consequences of Plea bargaining whereby, upon successful Plea bargaining arrangement, the Public prosecutor may either impose a lesser charge on the accused, or the accused may plead guilty in exchange for the withdrawal of charges, or the accused may be ordered to pay compensation or be subjected to forfeiture of the proceeds and instrumentalities that were used to commit the crime in question. It is therefore important to note that, Plea bargaining is not meant to exonerate the accused from criminal liability but rather, to offer a suitable option for both the Prosecution and the Accused to deal with and relinquish the Accused from offenses charged.
Requirements for Plea Agreement
The new Section
194C stipulates the requirements of the plea agreement. Accordingly, the section requires that:-
• A plea agreement must be in writing and with the prior written consent of the DPP;
• Plea agreement must be witnessed by the Advocate of the Accused or, if not represented, a relative, friend or any other person legally competent to represent the accused;
• The Plea agreement must state fully the terms of the agreement, the substantial facts of the matter and all other relevant facts of the case and any admissions made by the accused person;
• The plea agreement must be read and explained to the Accused person in a language that he understands; and
• The Plea agreement must be accepted and signed by the Accused person and his advocate, if represented or if not represented, a relative, friend or any other person competent to represent the accused, and also must be signed by the Prosecutor.
• Finally, in case the Plea agreement was negotiated through an interpreter, the interpreter must certify his language proficiency and that he interpreted accurately during the negotiations.
Registration of Plea Agreement
It is the requirement of the law that any Plea agreement entered must be registered in court (Section 194D). The court registering such a Plea agreement must satisfy itself that the agreement was voluntarily obtained, and the accused was competent to enter into such an agreement. Therefore, when the court accepts and registers the Plea agreement, it becomes a binding document upon the parties (the Accused and Prosecution) and forms the record of the Court. Consequently, the court can proceed to convict the accused person accordingly.
Section 194E imposes upon Courts to observe the procedure before registration of the Plea agreements. It is mandatory for the Court to require the accused to be under oath but also the court must address and inform the accused of his rights that:-
• by accepting the Plea agreement the accused is waiving his right to a full trial;
• by entering the Plea agreement the accused is waiving the right to appeal except as to the extent or legality of the sentence; and
• the prosecution has the right, in case of a false statement, to use any statement that the Accused gives in the agreement against him
Plea Bargaining has been expressly defined as negotiation in a criminal case between a Prosecutor and the Accused whereby the accused agrees on to-
• plead guilty to a particular offence or a lesser offence; or
• cooperate with the Prosecutor in the provision of information that may lead to a discovery of other information relating to the offence, in return for a concession from the Prosecutor which may lead to a lenient sentence or withdrawal of counts.
Advantages of plea bargaining.
Plea bargaining has a number of advantages, these include: –
i. Expeditious disposal of many criminal cases;
ii. It guarantees a win for the prosecution side;
iii. Leniency;
iv. Aid other cases;
v. Normally no maximum sentence is imposed;
vi. It reduces inmate congestion in prison facilities; as well,
vii. It saves time and of course, it is the source of government revenue.
Disadvantages of plea Bargaining.
i. Creation of criminal record for the innocent, because some people decide to plea despite the fact that they are innocent for the fear of a long and complex trial;
ii. Some people argue that it is unconstitutional as it does not guarantee a fair and effective trial; and,
iii. Eliminates a chance for appeal.