1The court shall refuse the approval of the agreement when:

athe defendant withdraws his consent;

bit is proven that the will of the defendant is flawed;

cthe defendant who has been duly summoned, does not attend the hearing, without legitimate reasons;

çone of the grounds for non-initiation of the proceedings or dismissal of the charge or the case exist;

devidence in the investigation file contradict the admission of the defendant to have committed the criminal offence;

dhthe legal qualification of the criminal offence and the circumstances of its commission are wrong;

ethe punishment set in the agreement is inappropriate in relation to the committed offence and the character of the defendant.

2The decision for refusing approval of the agreement shall be reasoned. In the case foreseen by letter “ç”, paragraph 1, of this article, the court shall decide to dismiss the case, whereas in all other cases it shall decide to return the acts to the prosecutor. When the court refuses to approve the agreement, the filing of a new request is not allowed.

3Statements of the defendant during the hearing may not be used against him.