Plea bargain
In China, a plea bargaining pilot scheme has been introduced by the Standing Committee of the National People's Congress in 2016. For defendants that faces jail terms of three years or below, agrees to plea guilty voluntarily and agree with prosecutors' crime and sentencing proposals, will be given mitigated punishments.
English land law
Money lenders have extensive rights from common law and statute. A mortgagee's first right is to repayment of the debt, but if the borrower's circumstances mean this is impossible, a process of taking possession of the mortgaged property and selling it usually begins. Almost every step, however, is mediated through court. The Administration of Justice Act 1970 section 36 says that the court may adjourn proceedings if the "mortgagor is likely to be able within a reasonable period to pay any sums due under the mortgage", and the Consumer Credit Act 1974 sections 129–130 does the same for second mortgages. In an anomalous case, "Ropaigealach v Barclays Bank plc" a bank had auctioned off a (second) house the owning a family was away. Clarke LJ felt unable to apply the AJA 1970, because properly construed, it was only able to halt proceedings when legal proceedings had in fact been launched, and here there were none. In a more borrower-friendly decision, "Cheltenham & Gloucester Building Society v Norgan" Waite LJ gave guidance that in ordering a plan for repayment, a judge should give "the period most favourable to the mortgagor at the outset", so that repeated applications to court on continuing defaults could be avoided, and so that "the mortgagee can be heard with justice to say that the mortgagor has had his chance". When it comes to a sale, Law of Property Act 1925 sections 101 and 103 require that the provision for sale must have been in the mortgage deed, that three months notice and space must be given. Section 88 confirms that a buyer after a sale receives an unencumbered title. In the sale process itself, there is a duty of care. In "Cuckmere Brick Co v Mutual Finance" Mutual Finance auctioned Cuckmere Brick Co's property after it had defaulted on a loan, but failed to advertise that the property had secured planning permission for building more flats. Salmon LJ emphasised that because the borrower will still be liable for sums on a loan if a house is undersold, because the "mortgagor is vitally affected by the result of the sale", an obligation is owed to get "the true market value." Moreover, a higher duty of scrutiny will be imposed if a mortgagee sells to a related party. In "Tse Kwong Lam v Wong Chit Sen" Mr Wong sold property taken from Mr Tse to his wife, after not advertising the auction. The Privy Council advised that while delay in the claim meant the sale should not be set aside, damages could be awarded because of the significant conflict of interest. Lord Templeman emphasised that "a heavy onus lies on the mortgagee to show that in all respects he acted fairly" so the transaction is perfectly fair and equal.