Practice question
A mental examination establishes present inability to understand the charge and plead intelligently. The prosecutor proposes accepting a plea now and conducting treatment later solely to clear the arraignment calendar. Which is correct?
- Calendar efficiency eliminates the condition
- The qualifying present inability requires suspension on proper motion rather than taking an unintelligent plea
- Treatment after plea always cures its initial unintelligibility
- A physician may enter the criminal plea
- The complainant may waive the accused’s capacity
Legal references
- Rules111 Section7,116 Section11,117 and118: https://lawphil.net/courts/rules/rc_110-127_crim.html
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