The Proposed Plea Bargaining in Ethiopia: How it Fares with Fundamental Principles of Criminal law and Procedure

Meheretu, Alemu

doi:10.4314/mlr.v10i2.5

Cited by 2 publications

(1 citation statement)

References 5 publications

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“…This assertion is not a speculation but a problem on the ground accompanied by empirical data. One author found that prosecuting poor defendants and dropping a charge for wealthy defendants grounding on invidious factors under the shadow of public interest manifests the existence of discrimination practically [21]. Thus, all public power given to AG is a public trust and cannot be jettisoned, hi jacked, bent or abused to favour a chosen few or the privileged who have accessed to the corridors of others body influence.…”

Section: Against Equality Rightsmentioning

confidence: 99%

Withdrawal of Criminal Charges for the Sake of Public Interest in Ethiopia: Exploring Legal Gaps and Way Forward

Tulu¹

2021

HSS

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All criminal cases do not lead to either conviction or acquittal after completion of trial. Midway, the cases may be withdrawn from the records of the criminal courts. In Ethiopia, power to withdraw criminal charges for the sake of public interest is absolutely vested in the hand of Attorney General (AG). Unfortunately, the Ethiopian laws are failed to define and lists some illustrations what constitutes public interest. In such a case, the AG has become lynch pin in disposal of cases otherwise than on merits. Thus, such power of the AG for withdrawal of criminal charges from prosecution for the sake of public interest has become a controversial topic in the criminal proceedings and in fact it is a peculiar power entrusted to the AG. The main objective of the article is to examine the existing normative frameworks of Ethiopian criminal justice system that regulating withdrawal of criminal charges for the sake of public interest. In order to achieve the intended aims, this article has employed doctrinal legal research on which legal analysis of the principal legislations was the focal point. In so doing, the study has identified a lot of legal vacuums. Accordingly, the study found absence of clear and comprehensive definition of the phrase public interest; lack of legal way outs for consideration of views and concerns of victims of crimes; absence of review mechanism in a case where the AG withdraw criminal charges arbitrary; lack of time limitation for continuation of criminal charges after withdrawal and empowering exclusive mandate and wide discretionary power to AG in withdrawing criminal charges alone are the main ones. Amongst others, it is recommended that the Ethiopian law maker should amend and enact a law governing withdrawal of criminal charges under the guise of public interest.

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Section: Against Equality Rightsmentioning

confidence: 99%

Withdrawal of Criminal Charges for the Sake of Public Interest in Ethiopia: Exploring Legal Gaps and Way Forward

Tulu¹

2021

HSS

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The Anticorruption Protocol to the United Nations Convention against Corruption Beneficial Owner Rule

Yeh

2023

Laws

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To fight corruption, money laundering, and organized crime, a proposed APUNCAC Beneficial Owner Rule would require financial service personnel to obtain and submit certification by the true beneficial owner when covered funds are transacted in amounts exceeding USD 3000. The strategy would trap front men into false statements, create a transaction-level record of assertions by front men that can be tested by a prosecutor, eliminate loopholes that allow criminals to escape prosecution in offshore havens, not require proof of a predicate crime or the illicit nature of funds, trigger a chain of witness cooperation, fight organized crime using a domino strategy, and be accomplished via a relatively simple change in domestic laws. Analysis suggests (1) the required technology exists; (2) transaction friction would be minimal; and (3) that the implementation of the Rule is feasible and practical, both operationally and from a legal standpoint, suggesting that the proposed Rule offers a promising strategy to fight organized crime.

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The Proposed Plea Bargaining in Ethiopia: How it Fares with Fundamental Principles of Criminal law and Procedure

Abstract: The FDRE Criminal Justice

Cited by 2 publications

References 5 publications

Withdrawal of Criminal Charges for the Sake of Public Interest in Ethiopia: Exploring Legal Gaps and Way Forward

Withdrawal of Criminal Charges for the Sake of Public Interest in Ethiopia: Exploring Legal Gaps and Way Forward

The Anticorruption Protocol to the United Nations Convention against Corruption Beneficial Owner Rule

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