{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:criminal-procedure:2015:article:113","workId":"law:eri:code:criminal-procedure:2015","expressionId":"law:eri:code:criminal-procedure:2015:en","title":"Amendment of Plea and Bond for Victims’ Losses","number":"113","language":"en","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/","hierarchy":{"book":"BOOK III — PROSECUTION AND TRIAL","title":"TITLE II — TRIAL","chapter":"Chapter 2. — Hearing"},"paragraphs":[{"id":"p1","number":"1","text":"Where a plea of guilty has been recorded and it appears to the Court in the course of proceedings that a plea of not guilty should have been recorded, the Court may change the plea to one of not guilty and set aside any finding of guilt already entered in the record.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p1","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":94,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/94/?article=113¶graph=p1#article-113-p1"}]},{"id":"p2","number":"2","text":"After the Court has decided on the plea of the accused and at any time before the public prosecutor opens his case, the Court may, if it deems that such an order is necessary for the proper dispensation of the case, order the accused to deposit a bond for securing the compensation for the injuries suffered by the victims of the offence.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p2","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":94,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/94/?article=113¶graph=p2#article-113-p2"}]},{"id":"p3","number":"3","text":"The Court shall make the order described in sub-Article (2) only if it is of the opinion that the offence with which the accused has been charged is of such a nature as to cause injuries to any specific victim.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p3","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p3#article-113-p3"}]},{"id":"p4","number":"4","text":"The order of the Court under sub-Article (2) shall be based on the following conditions:","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p4#article-113-p4"}]},{"id":"p4a","number":"a","text":"The Court shall make such an order only after an application of the alleged victims of the offence which application shall be filed at any time before the date when the public prosecutor opens his case.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4a","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p4a#article-113-p4a"}]},{"id":"p4b","number":"b","text":"The bond that the Court orders to be entered shall apply only to the alleged victims who have filed timely applications in accordance with paragraph (a).","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4b","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p4b#article-113-p4b"}]},{"id":"p4c","number":"c","text":"In fixing the bond, the Court shall consider the seriousness of the charge, the likelihood of the accused’s continued appearance at trial, the severity of the injuries that the victims could have suffered and the resources of the accused person.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4c","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p4c#article-113-p4c"}]},{"id":"p4d","number":"d","text":"The bond shall be entered in cash deposit or by attaching property of the accused in accordance with the Civil Procedure Code of Eritrea.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4d","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p4d#article-113-p4d"}]},{"id":"p4e","number":"e","text":"The amount of the bond shall be fixed with due regard to the circumstances of the accused and the victims of the offence and shall not be excessive.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4e","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":95,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/95/?article=113¶graph=p4e#article-113-p4e"}]},{"id":"p4f","number":"f","text":"The bond shall remain in force for such period as shall be fixed by the Court, as extended from time to time, but may not extend beyond the day of the judgment of the trial Court.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p4f","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":96,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/96/?article=113¶graph=p4f#article-113-p4f"}]},{"id":"p5","number":"5","text":"If the Court decides not to order the deposit of a bond, it shall give reason for so ordering and the applicants shall have the right to appeal against such decision within fifteen (15) days of the decision to the Court that hears appeals on criminal matters from the Court which has made the order not to deposit the bond. The trial shall progress while the appellate Court decides on the appeal. The appellate Court, whose decision on the matter is final, shall itself fix the bond to be deposited by the accused if it reverses the decision of the lower Court not to order deposit of a bond.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p5","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":96,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/96/?article=113¶graph=p5#article-113-p5"}]},{"id":"p6","number":"6","text":"If the victims of the crime prefer to file a separate civil action against the accused, the bond entered in accordance with sub-Articles (2) – (5) shall be dismissed forthwith.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/113/#p6","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":96,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/96/?article=113¶graph=p6#article-113-p6"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues the English text as an unofficial translation. Eri Atlas has not independently verified the translation or whether this text reflects later legal changes."}