Aug 16, 2023 18:16
9 mos ago
14 viewers *
English term
plea on a limited basis
English to Romanian
Law/Patents
Law (general)
You have instructed me that you wish to act in a manner contrary to my advice. Whilst I do not think you should plead guilty, entering a plea is a choice only you can make. I shall do as instructed and inform the Court that you wish to change your plea from not guilty to guilty. At the bottom of this letter is a statement that you are acting against my advice, with a space for your signature. I should be grateful if you would sign this and ask the prison team to email the signed page back to me.
We agreed that I would enter a *plea on a limited basis* that you had no intention whatsoever to hurt, threaten or scare anyone, but you accept that by producing a knife in public, your behaviour, viewed objectively, amounted to conduct likely to cause a breach of the peace. If those remain your instructions, please sign where indicated on the document headed ‘Basis of plea’, which is the separate document sent to you along with this letter, in English with Romanian translation.
If the basis of plea is accepted, I expect you would be sentenced on your next appearance. Offences of this nature do not normally result in custodial sentences so I would ask the Court that your sentence be limited to time already spent in custody.
We agreed that I would enter a *plea on a limited basis* that you had no intention whatsoever to hurt, threaten or scare anyone, but you accept that by producing a knife in public, your behaviour, viewed objectively, amounted to conduct likely to cause a breach of the peace. If those remain your instructions, please sign where indicated on the document headed ‘Basis of plea’, which is the separate document sent to you along with this letter, in English with Romanian translation.
If the basis of plea is accepted, I expect you would be sentenced on your next appearance. Offences of this nature do not normally result in custodial sentences so I would ask the Court that your sentence be limited to time already spent in custody.
Proposed translations
(Romanian)
4 | recunoaștere parțială a faptei | Cristina Ciublan |
3 +1 | pledoarie cu acuzatie limitata | Mihaela C N Plamadeala |
Proposed translations
20 mins
Selected
recunoaștere parțială a faptei
Note from asker:
Multumesc frumos, Cristina! |
Peer comment(s):
neutral |
Liviu-Lee Roth
: de fapt, nu este recunoașterea faptei ci recunoașterea parțială a vinovăției. linkul este irelevant.
8 days
|
4 KudoZ points awarded for this answer.
Comment: "Mulțumesc!"
+1
21 mins
pledoarie cu acuzatie limitata
Nu stiu exact termenul juridic (daca exista echivalent in legislatura romana), dar eu asa as traduce.
In limited circumstances, the law allows for a form of plea bargaining where the prosecution agree in writing to proffering a more limited charge on condition of the accused pleading guilty.
https://www.lexisnexis.co.uk/legal/glossary/written-basis-of...
Where a guilty plea is offered on a limited basis
B.6 A defendant may put forward a plea of guilty without accepting all
of the facts as alleged by the prosecution. The basis of plea offered
may seek to limit the facts or the extent of the offending for which
the defendant is to be sentenced. Depending on the view taken by
the prosecution, and the content of the offered basis, the case will
fall into one of the following categories:
(a) a plea of guilty upon a basis of plea agreed by the
prosecution and defence;
(b) a plea of guilty on a basis signed by the defendant
but in respect of which there is no or only partial
agreement by the prosecution;
Criminal Practice Directions - October 2015
as amended October 2018, April 2019 & October 2019
3
(c) a plea of guilty on a basis that contains within it
matters that are purely mitigation and which do not
amount to a contradiction of the prosecution case; or
(d) in cases involving serious or complex fraud, a plea of
guilty upon a basis of plea agreed by the prosecution
and defence accompanied by joint submissions as to
sentence.
In limited circumstances, the law allows for a form of plea bargaining where the prosecution agree in writing to proffering a more limited charge on condition of the accused pleading guilty.
https://www.lexisnexis.co.uk/legal/glossary/written-basis-of...
Where a guilty plea is offered on a limited basis
B.6 A defendant may put forward a plea of guilty without accepting all
of the facts as alleged by the prosecution. The basis of plea offered
may seek to limit the facts or the extent of the offending for which
the defendant is to be sentenced. Depending on the view taken by
the prosecution, and the content of the offered basis, the case will
fall into one of the following categories:
(a) a plea of guilty upon a basis of plea agreed by the
prosecution and defence;
(b) a plea of guilty on a basis signed by the defendant
but in respect of which there is no or only partial
agreement by the prosecution;
Criminal Practice Directions - October 2015
as amended October 2018, April 2019 & October 2019
3
(c) a plea of guilty on a basis that contains within it
matters that are purely mitigation and which do not
amount to a contradiction of the prosecution case; or
(d) in cases involving serious or complex fraud, a plea of
guilty upon a basis of plea agreed by the prosecution
and defence accompanied by joint submissions as to
sentence.
Note from asker:
Multumesc pentru sugestie, Mihaela! |
Peer comment(s):
agree |
Nina Iordache
: Nu cumva limitarea asta se refera la timpul de executat in inchisoare si care poate fi limitat? Am inteles bine?
28 mins
|
Da, daca admiti vina, ti se reduce din pedeapsa
|
|
neutral |
Liviu-Lee Roth
: vezi discussion
9 days
|
Discussion