Before you make a decision, you are entitled to be given a summary of the prosecution case against you (‘advance disclosure’), which may influence what you decide to do. If convicted, you are likely to get a higher sentence and court costs than if your case was heard in the magistrates’ court.
Not guilty pleas If you plead not guilty your case will be adjourned for a pretrial review (see later). XLV OF 1860) [6th October, 1860] CHAPTER I INTRODUCTION Preamble. Every Person shall be liable to punishment under this Code and not otherwise for every act or omission contrary to the provisions thereof, of which he shall be guilty within Pakistan. Punishment of offences committed beyond, but which by law may be tried within Pakistan. The provisions of this Code apply also to any offence committed by:– 2[(1) any citizen of Pakistan or any person in the service of Pakistan in any place without and beyond Pakistan;] (2) [Omitted by A. 34 to make all associates liable or murder would present no difficulty when all associates were actuated by a common intention against victims.5 Common intention. In every case an offence punishable with imprisonment as well as fine, in which the offender is sentenced to a fine, whether with or without imprisonment, and in every case of an offence punishable with imprisonment or fine, or with fine only, in which the offender is sentenced to a fine, if shall be competent to the Court which sentences such offender to direct by the sentence that in default of payment of the fine the offender shall suffer imprisonment for a certain term, which imprisonment shall be in excess of any other imprisonment to which he may have been sentenced or to which he may be liable under a commutation of a sentence. Limit to imprisonment for non-payment of fine, when imprisonment and fine awardable.Whereas it is expedient to provide a general Penal Code for Pakistan: It is enacted as follows:– 1. This Act shall be called the Pakistan Penal Code, and shall take effect throughout Pakistan. Any person liable, by any Pakistan Law, to be tried for an offence committed beyond Pakistan shall be dealt with according to the provision of this Code for any act committed beyond Pakistan in the same manner as if such act had been committed within Pakistan. O., 1961] (3) [Omitted by Ordinance XXVII of 1981] (4) any person on any ship or aircraft registered in Pakistan wherever it may be. If a criminal act was committed in furtherance of common intention or object by several persons, each person would be liable for that act as if it was committed by him.5a Common intention is sole test of joint liability u/s 34. 34 would not normally apply when incident takes place all of a sudden at spur of moment without any premeditation. Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. [Repealed by the Indian Penal Code (Amendment) Act, 1921 (XVI of 1921), S.4.] 62. Where no sum is expressed to which a fine may extend, the amount of fine to which the offender is liable is unlimited, but shall not be excessive. 4 of 1979), Offence of Zina (Enforcement of Hudood) ordinance (VII of 1979) and Offence of Qazf (Enforcement of Hadd) Ordinance (VIII of 1979). The term for which the Court directs the offender to be imprisoned in default of payment of a fine shall not exceed one fourth of the term of imprisonment which is the maximum fixed for the offence, if the offence be punishable with imprisonment as well as fine. Description of imprisonment for non-payment of fine.Here A is not guilty of the offence of wrongful confinement; for he was bound by law to apprehend Z, and, therefore, the case falls within the general exception which provides that “nothing is an offence which is done by a person who is bound by law to do it.” 7. Every expression which is explained in any part of this Code is used in every part of this Code in conformity with the explanation. A and B administer the poison according to the agreement with intent to murder Z. Nothing is said to be done or believed in “good faith” which is done or believed without due care and attention. Sentence of Europeans and Americans to penal servitude. by the Criminal Law (Extinction of Discriminatory Privileges) Act, 1949 (II of 1950), Schedule.] 57. In calculating fractions of terms of punishment, 10[imprisonment] for life shall be reckoned as equivalent to imprisonment for 10[twenty five] years. A will be discharged as soon as the two months are completed. Courts in such circumstances would be justified to draw an inference that offence so committed was in furtherance of common intention of each one irrespective of role played by each of them.4 Application of S.Table of Contents Principal Chief’s Foreword Speaker of the Council’s Foreword Attorney General’s Foreword Officials of the Cherokee Nation Publisher’s Preface Cite This Code Act of Union Between the Eastern and Western Cherokees Constitution of the Cherokee 1839 Constitution of 1839 Article I Article II Article III Article IV Article V Article VI Constitution of the Cherokee Nation of Oklahoma 1975 Preamble Article I. Adoption Constitution of the Cherokee Nation 1999 Preamble Article I. He can be tried and convicted or murder in any place in Pakistan in which he may be found. XXVII of 1981.] 3[(c) C, a foreigner who is in the service of Pakistan commits a murder in London. Definitions in the Code to be understood subject to exceptions. The word “person” includes any Company or Association, or body of persons, whether incorporated or not. Whenever an act, which is criminal only by reason of its being with a criminal knowledge or intention, is done by several persons, each of such persons who joins in the act with such knowledge or intention is liable for the act in the same manner as if the act were done by him alone with that knowledge or intention. Effect caused partly by act and partly by omission. Illustration A is sentenced to fine of one hundred rupees and to four months imprisonment is default of payment.He can be tried and convicted of murder at any place in Pakistan in which he may be found.] (d) D, a British subject living in Junagadh, instigates E to commit a murder in Lahore. Throughout this Code every definition of an offence, every penal provision and every illustration of every such definition or penal provision, shall be understood subject to the exceptions contained in the chapter entitled “General Exception,” though those exceptions are not repeated in such definition, penal provision or illustration. The word “man” denotes a male human being of any age; the word “woman” denotes a female human being of any age. Whenever the causing of a certain effect, or an attempt to cause that effect, by an act or by an omission, is an offence, it is to be understood that the causing of that effect partly by an act and partly by an omission is the same offence. Co-operation by doing one of several acts constituting an offence. was to lay a basis for the remission system for the purpose of working out the remission. Offenders sentenced to transportation how dealt with until transported. Here if seventy-five rupees of the fine by paid or levied before the expiration of one month of the imprisonment. If you are not sure by then how you wish to plead, you can ask for an adjournment. This however is unlikely except in very serious cases. This will usually be within just a few days, and often on the next day.