Plea agreement in criminal proceedings

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Ланткевич Кирило

Lawyer

Ukraine / Dnepropetrovsk region

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Publication date: 22.08.2024

I am studying in the third year of the State University of Economics and Technology.I specialize in contractual, economic and corporate law, in particular, I provide consultations and write articles.

A plea agreement

A plea agreement is a legal document that states that a defendant pleads guilty to a crime and agrees to certain terms, which may include a reduced sentence or other benefits, in exchange for pleading guilty and cooperating with law enforcement.

Agreement conclusion initiative:

Settlement agreements and plea agreements can be initiated at any stage of the criminal proceedings, after the person is notified of the suspicion and until the moment the court enters the deliberation room for sentencing. This allows the parties to try to reach an agreement at different stages of the process.

• The prosecutor may offer a plea agreement as a way to resolve criminal proceedings. This is often the case in cases where there is sufficient evidence of a person's guilt, and a plea deal can help resolve the case more quickly and efficiently. The prosecutor can offer such an agreement if it is in the interests of justice and takes into account the circumstances of the case.
   
• The suspect or accused person has the right to independently approach the prosecutor with a proposal to enter into a plea agreement. In this case, the person pleads guilty and agrees to certain conditions set by the plea agreement, which may include a reduced sentence or other procedural agreements.
   
• If an agreement is not reached, the fact of initiating an agreement cannot be considered as a waiver of the charges or as an admission of guilt. In other words, the attempt to reach an agreement should not affect the further course of the investigation or the consideration of the case.

Content of the agreement:

Here is a detailed list of what must be stated in the plea agreement in accordance with the requirements of the Criminal Procedure Code of Ukraine (CPC):

1. It must be clear who the parties to the agreement are, i.e. the suspect or accused and the prosecutor (as well as the victim, if he or she participates in the reconciliation process).
    
2. The wording of the suspicion or accusation, as well as its legal qualification with reference to specific articles (parts of the article) of the Criminal Code of Ukraine must be indicated.
    
3. It is necessary to specify the circumstances that are essential for criminal proceedings, which are important for understanding the crime and admitting guilt.
    
4. The suspect or the accused must unconditionally admit his guilt in committing a criminal offense.
   If the agreement provides for cooperation in the detection of other criminal offenses, this must be clearly stated, as well as the duties of the suspect or the accused.
    
5. The conditions for the partial release of the suspect or the accused from civil liability are specified, which may include compensation for damages caused to the state as a result of a criminal offense.
    
6. The punishment that the suspect or accused person agrees to receive must be determined, as well as the consent to the imposition of this punishment or to exemption from serving it with probation (if this is provided for by the agreement).
    
7. The consequences of concluding and approving the agreement provided for by law are indicated. This includes possible changes in sentencing and other legal consequences.
    
8. The agreement must contain information about the consequences of non-fulfillment.

Consequences of concluding an agreement:

Entering into a plea agreement has significant legal consequences for all participants in the process, including the prosecutor, the suspect, and the accused. Here are the main aspects that determine these consequences:

• Once a plea agreement has been entered into and approved, the prosecutor may be limited in his right to appeal the sentence if the sentence meets the terms of the plea agreement. This means that the prosecutor does not have the right to appeal the sentence that was passed in accordance with the terms of the agreement. Once the agreement is reached, the suspect or accused is also limited in their right to appeal the verdict. This is due to the fact that the agreement already defines the penalties and conditions that have been agreed upon, and deviation from them may not be possible without new grounds for appeal.
   
• The suspect or accused waives the right to a trial, where the prosecutor would have to prove his position regarding each circumstance of the criminal offense. This includes the right to cross-examine prosecution witnesses and to subpoena witnesses and evidence in favor of the suspect or accused.
   
• If a plea agreement is reached during the pre-trial investigation, the indictment signed by the parties to the agreement is immediately sent to the court for approval of the agreement. The prosecutor has the right to postpone the sending of the indictment to the court until receiving expert opinions or completing other investigative actions that are necessary for collection and recording of evidence that may be lost over time or that cannot be conducted later without significant harm to the results of the investigation. This makes it possible to ensure the adequacy of the evidence base before submitting the case to court.

These aspects emphasize that the conclusion of a plea agreement is a serious and important stage in the criminal process, which has a significant impact on the further course of the case and the rights of the participants in the process.

Services of a lawyer in criminal proceedings:

Here is exactly how a written consultation and subsequent involvement with a lawyer can help:

 

Lawyer's consultation and legal analysis of the situation: The online lawyer explains to the suspect or the accused all the terms of the plea agreement, including the consequences of pleading guilty, possible punishments, and other legal consequences, conducts analysis of documents. This allows the client to make an informed decision. The lawyer's help online evaluates all the legal risks and benefits of concluding the agreement. He explains what can happen if the agreement is not concluded, as well as what rights and opportunities will be lost or preserved, prepares a legal opinion.

 

Legal opinion of a lawyer: review of documents by a lawyer: The lawyer checks whether the terms of the agreement are fair and in accordance with the law. He can make proposals to change the terms of the agreement to ensure the most favorable result for the client. An online lawyer prepares or reviews all necessary documents and documents accompanying the agreement and ensures that all legal formalities are followed.

 

Ensuring the client's rights: The lawyer ensures that the suspect or accused person understands that he or she is waiving the right to a trial, the right to appeal the conviction and other procedural rights. The help of a lawyer online provides a proper assessment of the possible punishment and consequences for the client, as well as the possibility of exemption from punishment with probation or other lenient conditions.

 

Participation in the legal process: The lawyer represents the interests of the client during the court hearing, when the court approves the agreement. He or she answers the court's questions and ensures that the agreement is properly drafted and approved. If there are any disputes or questions, the lawyer protects the rights of the client and tries to ensure that the terms of the agreement are fulfilled.