Nolo contendere or simply nolo [1] (from Latin “I will not argue ”) is a concept from Roman law that is widespread in modern international law and in the ordinary legal practice of the countries of the Anglo-Saxon legal system , meaning a formal refusal of a subject of legal relations from any or legal claims against the other party and other parties to the lawsuit . In criminal and administrative cases, it is a soft alternative to pleading or not recognizing guilty by the accused (by default it is equal to pleading guilty, but leaves the accused with the right to petition to review the case without newly discovered circumstances if the court renders an unsatisfactory decision for him, and also a means of upholding business reputation , since the person claiming nolo is not guilty). [1] [2] The right to apply for a nolo is guaranteed in the United States by all defendants in the Eighth Amendment to the US Constitution , but the adoption of a nolo application for consideration by a court in the United States is possible only with the permission of the presiding judge with the mutual consent of the judiciary and the prosecutor (prosecutor). [2] When resolving international legal incidents, it is used to relieve formal liability and related consequences, often when exempting detained foreign citizens from places of temporary detention in order to avoid legal claims on their part that could be filed with international courts , this kind of cases nolo is one of the conditions of release. In the countries of the Romano-German legal system is practically not used.
Notes
- ↑ 1 2 Mellinkoff, David . Mellinkoff's Dictionary of American Legal Usage . - Eugene, OR: Wipf and Stock Publishers, 2009 .-- P. 278 - ISBN 978-1-60608-823-4 .
- ↑ 1 2 The US Justice System: An Encyclopedia . / Edited by Steven Harmon Wilson. - Santa Barbara, CA: ABC-CLIO , 2011 .-- Vol. 1 - P. 364 - ISBN 978-1-59884-304-0 .