Publication date: 04.06.2024
Plea agreement in criminal proceedings
A plea agreement in criminal proceedings is an important tool that can be used by both the prosecutor and the suspect or accused.
1. Initiative to conclude an agreement:
- A plea agreement may be offered by both the prosecutor and the suspect or accused. It depends on the specific situation and strategy of the parties.
1. Object of the proceedings:
- A plea agreement can be applied to various types of criminal proceedings, including misdemeanors, misdemeanors, felonies, and especially felonies.
2. Terms of the agreement:
- A plea agreement may include various conditions, such as assisting in the investigation, confessing, cooperating with law enforcement, etc.
3. The conclusion procedure:
- The conclusion of an agreement can take place at various stages of criminal proceedings, including before the case goes to court.
4. Consideration of circumstances:
- When considering the conclusion of a deal, the prosecutor must take into account various factors, such as the level of cooperation of the suspect, the seriousness of the accusation, public interest, etc.
5. Termination of proceedings:
- In the event of a plea agreement and guilty plea, the proceedings may be terminated or the sentence may be reduced in accordance with the terms of the agreement.
6. Achieving consent:
- If the agreement of the parties to the conclusion of the agreement is not reached, it is not considered an admission of guilt or a waiver of the charge.
7. Participation of victims:
- In the case of concluding an agreement in which there are victims, their written consent may be necessary.
8.Allocation of proceedings:
- If an agreement is made with one of the suspects or accused persons, the proceedings may be divided into separate cases.
Content of the plea agreement:
1. Content of the agreement: The plea agreement contains information about the parties, wording of the accusation, admission of guilt, cooperation with law enforcement agencies, conditions of release from civil liability, agreed punishment, etc.
2. Documentation: The agreement is recorded by the signatures of the parties and the date of conclusion.
Consequences of concluding and approving the agreement:
1. Limitation of rights: The conclusion and approval of the agreement leads to the limitation of the right to appeal the verdict and the waiver of certain rights for the suspect or the accused.
2. Approval by the court: The agreement is subject to approval by the court, which conducts the review taking into account its compliance with the requirements of the law.
3. Conditions for approval: The court is convinced of the voluntary nature of the agreement, its compliance with the requirements of the law, and the absence of coercion or threats.
The general procedure for court proceedings based on an agreement:
1. Referral to court: The agreement and indictment are immediately referred to the court, which may adjourn the hearing for additional evidence collection.
2. Review in court: The court reviews the agreement at a preparatory meeting, where the absence of other participants is not an obstacle.
3. Waiver of Rights: The court is satisfied that the accused understands the consequences and terms of the agreement before approving it.
Judgment on the basis of the agreement:
1. Passing judgment: If the court believes that the agreement can be approved, it passes a judgment that approves the agreement and determines the amount of punishment agreed upon by the parties.
2.Sentencing Requirements: A plea agreement must meet the general requirements for convictions, subject to certain exceptions.
3. Motivation of the sentence: In the sentence based on the agreement, the wording of the accusation, the agreement and its content, the reasons for approving the agreement and the choice of punishment must be specified. The decisive part of the sentence must contain a decision on the approval of the agreement, guilt, punishment and other information in accordance with the law.
4. Appeal: The judgment based on the agreement can be appealed according to the procedure provided by law.
Consequences of failure to comply with a plea agreement
1. Cancellation of the sentence: In case of non-fulfillment of the agreement, the victim or the prosecutor can apply to the court to cancel the sentence that approved the agreement.
2. Consideration of the motion: The court considers the motion to annul the sentence, taking into account the participation of the parties to the agreement and other participants in the court process.
3. Consequences of annulment: If non-fulfillment of the terms of the agreement is proven, the court annuls the judgment that approved the agreement. This may lead to a general trial or referral of the case to complete a pre-trial investigation.
4. Appeal: The decision to cancel the sentence or refusal to cancel may be appealed in the appeal procedure.
5. Liability for non-performance: Willful non-performance of the agreement may result in a person being held liable under the law.
Exemption from serving a sentence with probation in case of approval of a plea agreement
If a plea agreement is approved, the court may order probation. This means that a person who has pleaded guilty to a crime can be released from actually serving the sentence under probation for a certain period of time.
Conditions for release from probation may be established in a plea agreement and approved by the court. These conditions usually include the person complying with certain requirements and restrictions during the probationary period, such as:
1. Signing an Obligation to Obey the Law: A person on probation agrees to abide by all laws and regulations during the probationary period.
2. Restrictions on freedom: The court can set certain restrictions on the place of residence, movement and other aspects of the convict's personal life.
3. Obligation to appear in court: The convicted may be required to appear before the court on specified dates to report on his situation.
4. Avoiding Committing New Crimes: A condition of probation may be that you are prohibited from committing any new crimes during the probation period.
5. Obligation to perform certain actions: The court can impose on the convicted person the obligation to perform certain actions, such as undergoing rehabilitation programs or finding a job.
Exemption from serving a sentence with probation allows a person to test himself in responsibility and correction without actually serving a sentence under extrajudicial supervision.However, violation of probation conditions may lead to withdrawal of this benefit and actual punishment.
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