Agreement with the prosecutor (investigation) upon admission of guilt in Ukraine

According to the current Ukrainian legislation (Clause 10 of Article 3 of the Criminal Procedure Code of Ukraine), criminal proceedings are pretrial investigations with the onset of court proceedings, procedural actions related to the commission of an act, which is provided for by the Law of Ukraine on Criminal Liability. In this wording, the term "proceedings" refers to criminal offenses and their penalties.

According to the Law, the main task of criminal proceedings is to protect the individual, the state and society as a whole from criminal offenses. Protection of the rights, legitimate interests, and freedoms of all participants in criminal proceedings is also a mandatory condition. In this article, we will consider in detail how to open criminal proceedings under the contract.

What is an agreement with the prosecutor (investigation)?

A plea agreement is a kind of legal "compromise" between the prosecution (prosecutor) and the suspect. To prevent the parties from abusing this right, there are safeguards that are scrutinized by the court. Yes, the terms of the agreement must correspond to the interests of society. Therefore, a plea agreement between the prosecutor and the suspect/accused can be concluded only for criminal offenses and misdemeanors, as a result of which damage is caused only to state or public interests.

Peculiarities of agreements within the framework of criminal proceedings

Criminal proceedings involve the conclusion of the following types of contracts:

• Agreement on reconciliation between the suspect/accused and the victim.
• A plea agreement between the prosecutor and the suspect/accused.

The main purpose of the agreement with the investigation is to speed up and simplify criminal proceedings. Important: such an agreement is not concluded with an innocent person. Also, it is not required in cases where there are grounds for exonerating a person from criminal liability or it is a matter of refusing to prosecute. The main requirement for concluding an agreement is the voluntary consent of the parties to the criminal proceedings.

Importantly:

The conclusion of a plea or reconciliation agreement can be initiated immediately after a person has received suspicion.

Consequences of entering into agreements for all parties in a criminal case - limitation of the right to further appeal the verdict. An appeal is possible only in the part of the non-compliance of the punishment with the terms of the contract. It can also be about the lack of consent to punishment.

The plea agreement with the investigation is drawn up in accordance with the requirements of the Criminal Procedure Code of Ukraine (Article 472). Under this contract, the suspect/accused and the prosecutor reach an agreement on the unconditional and full recognition of the accused's guilt.

A plea agreement may be entered into in relation to a crime, criminal misdemeanors, as a result of which damage was caused to public or state interests. The relevant contract is concluded at the initiative of the accused/suspect or the prosecutor himself.

According to the Ukrainian Code of Criminal Procedure, a plea agreement (agreement) can be concluded even in the case of particularly serious crimes committed by a group of individuals, a criminal organization, or even a terrorist group based on a prior conspiracy. The main condition is that the suspect must not be the organizer of such a group and must report the commission of a criminal act in a timely manner.

Importantly:

If an agreement is reached as part of the pre-trial investigation, the indictment with the agreement signed by the parties is immediately sent to the court.

The prosecutor has the right to postpone sending the indictment to the court with an agreement signed by the parties until receiving an expert opinion or completing other investigative actions necessary for the collection and recording of evidence that may be lost with the passage of time, or that cannot be conducted later without significant harm to them result if the court refuses to approve the agreement.

The lawyers of "PRIKHODKO & PARTNERS" provide all the necessary services related to the closure of criminal proceedings within the framework of an agreement with the investigation or on the basis of an agreement on the reconciliation of the parties. If you or your loved ones need the advice of professional lawyers - fill out the form below to calculate the price of help!