Agreed facts

Notion(s) Filing Case
Judgement on Sentencing Appeal - 18.07.2005 BABIĆ Milan

18. In the specific case of a sentencing judgement following a guilty plea, the Trial Chamber, pursuant to Rule 62bis(iv) of the Rules, must be satisfied that “there is a sufficient factual basis for the crime and the accused’s participation in it, either on the basis of independent indicia or on lack of any material disagreement between the parties about the facts of the case”. A common procedure is that the parties enter negotiations and agree on the facts underlying the charges to which the accused will plead. The parties may also submit, pursuant to Rule 100(A) of the Rules, “any relevant information that may assist the Trial Chamber in determining an appropriate sentence”. On the basis of the facts agreed upon by the parties as well as the additional information provided by the parties pursuant to Rule 100(A) (including those facts presented during the sentencing hearing), the Trial Chamber exercises its discretion in determining the sentence. A Trial Chamber need not make explicit findings on facts agreed upon by the parties or on undisputed facts. The reference by a Trial Chamber to such facts is by itself indicative that it accepts those facts as true.

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