Щодо угоди про визнання винуватості / To the Issue of the Plea Bargain
Journal Title: Журнал східноєвропейського права - Year 2018, Vol 51, Issue
Abstract
The article deals with the essence of the institute of the agreement on the recognition of guilt. The conclusion of an agreement on the recognition of guilty is compulsorily carried out with the participation of the prosecutor and the suspect or accused. This is explained by the fact that the initiation of an agreement on the recognition of guilt can be carried out both by the prosecutor and the suspect or accused. The essential condition of the agreement on the recognition of guilt is the agreed penalty and consent of the suspect accused of his appointment. Most scholars point out that such a condition should be more specific in the CPC of Ukraine, since the issue of legal regulation of the rules for the imposition of a punishment when concluding an agreement on the recognition of guilt is not defined, and as a consequence, the prosecutor may, at his own discretion, determine punishment The procedure for criminal proceedings based on agreements on the recognition of guilt can be divided into four stages: initiation and conclusion of an agreement; general procedure of court proceedings on the basis of agreements; sentence on the basis of the agreement; consequences of non-fulfillment of the transaction. The conclusion of an agreement on the recognition of guilt should facilitate the disclosure of crimes and the disclosure of guilty in their commission, acceleration of pre-trial investigation and judicial proceedings, improvement of the situation of the suspect and the accused, crime prevention, etc.
Authors and Affiliations
Valerii Antypenko
Keywords
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