42 Pa. C.S. § 9752

Current through P.A. Acts 2023-66
Section 9752 - Sentencing proceeding generally

This section is suspended by Pa.R.Crim.P. Rule 1101(6) as being inconsistent with Chapter 7 of the Rules of Criminal Procedure.

(a) General ruleAs soon as practicable after the determination of guilt and the examination of any presentence report, a proceeding shall be held at which the court shall:
(1) Entertain submissions by the parties on the facts relevant to the sentence, including any facts with respect to negotiated pleas, as to the nature of the sentence.
(2) Afford to the defendant the right to make a statement.
(3) Hear argument by the defense on the applicability of the various sentencing alternatives to the facts of the case, and may hear argument by the prosecution.
(b) EvidenceWhere the need for further evidence has not been eliminated by a presentence conference, evidence offered by the parties on the sentencing issue shall be presented in open court with the rights of confrontation, cross-examination, and representation by counsel.

42 Pa.C.S. § 9752

1974, Dec. 30, P.L. 1052, No. 345, § 1, effective in 90 days. Renumbered from 18 Pa.C.S. § 1352 by 1980, Oct. 5, P.L. 693, No. 142, § 401(a), effective in 60 days.