Attorney
Lawyer, specializing in defense in criminal proceedings regarding serious and especially serious crimes - against life and health, sexual integrity, war crimes with aggravating circumstances, as well as in cases related to violations in the field of taxation
Case: An agreement was reached between the prosecutor and the suspect (accused) on the admission of guilt in criminal proceedings under Part 2 of Article 436-2 of the Criminal Code of Ukraine
Service: Closing of criminal proceedings
In early September, the lawyers of the Law Firm “Prіkhodko and Partners” were contacted by a client against whom criminal proceedings were initiated under Part 2 of Article 436-2 of the Criminal Code of Ukraine – production and distribution of materials that justify or deny the armed aggression of the Russian Federation against Ukraine. The client admitted his guilt and the wrongness of the actions committed in a state of mental excitement and repented.
The sanction of this norm provides for a penalty in the form of imprisonment for a term of up to 5 years, which put the client in an extremely risky legal situation. The prosecutor’s office insisted on the existence of the elements of the crime and saw no prospects for closing the proceedings.
Further, at a preliminary court hearing, the court expressed doubt about the prospects of the court approving the plea agreement, which seemed to leave only one possible scenario: a guilty plea and a court sentence of imprisonment with release from serving a sentence on probation.
Legal position of the defense
The team of lawyers “Prіkhodko and Partners”, having analyzed the circumstances of the case, came to the conclusion that the conclusion of an agreement between the prosecutor and the suspect on the admission of guilt in this case is the most appropriate defense tactic within the framework of the current legislation, despite the previous rather negative position of the court, although expressed even before the consideration of the motion to conclude an agreement.
According to Articles 468–474 of the Criminal Procedure Code of Ukraine, a plea agreement may be concluded between the prosecutor and the suspect (or accused) in proceedings where damage is caused to state or public interests, provided that such an agreement meets the interests of justice and does not contradict the law.
Considering that there were no victims in the case, and the crime was of a public-law nature, the lawyers initiated negotiations with the prosecutor’s office to reach a compromise in the form of a plea agreement.
The course of the case
After presenting legal arguments in favor of mitigating the prosecution’s position, the lawyers managed to convince the prosecutor of the advisability of applying an alternative punishment instead of imprisonment.
In particular, the following factors were taken into account:
the client had no previous convictions;
- sincerely repented of his actions;
- actively cooperated with the investigation;
- the absence of serious consequences from the act;
- the social danger of the actions did not exceed the average level.
Based on structured legal arguments, the lawyers convinced the prosecutor of the advisability of concluding an agreement between the prosecutor and the suspect on the admission of guilt, which was subsequently submitted for approval to the Solomyanskyi District Court of Kyiv.
Court verdict
The court, having considered the prosecutor’s motion, having heard the defense and the defendant’s opinion, came to the conclusion that the agreement meets the requirements of Articles 469–474 of the Criminal Procedure Code of Ukraine, was concluded voluntarily, without pressure, and the imposed punishment is fair and proportionate.
As a result, the court approved the agreement, and the client was sentenced to the agreed punishment in the form of a fine instead of imprisonment.
Photo confirmation of the work result
Lawyer’s comment: “A plea agreement is a strategic defense tool. The main thing is to act wisely, calculating every consequence for the client. The court’s previously expressed negative attitude to the possibility of approving the agreement and the resulting significant psychological pressure did not at all mean capitulation for the defense instead of the bold professional use of all possible legal instruments in the best interests of the client. Our task is to preserve the future for a person.
Conclusions and significance of the case
This case demonstrates that even in complex criminal proceedings, where the position of the court and the prosecution initially seems unchanged, an active legal position and a professional defense strategy can change the course of the case.
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