Practice question
Defense counsel repeatedly misses pre-trial without an acceptable excuse, but the accused has pleaded not guilty. Which consequence follows the relevant distinction?
- The court must convict solely to punish counsel.
- The court may impose proper sanctions on counsel; the missed conference is not itself a personal guilty plea or proof of the charge.
- The prosecutor may change the plea without the accused.
- All prosecution evidence is automatically deemed true.
- A monetary sanction necessarily extinguishes the criminal action.
Legal references
- Rules of Court, Rules 115-116 and 118-119, specifically the provisions discussed: https://lawphil.net/courts/rules/rc_110-127_crim.html
- A.M. No. 15-06-10-SC, April 25, 2017, Revised Guidelines for Continuous Trial of Criminal Cases, Part III, items 8(b), 8(f) and 9 (primary text reproduced by WIPO Lex): https://www.wipo.int/wipolex/en/legislation/details/20516
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