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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
Admission of guilt in criminal proceedings
The consideration of criminal proceedings in court is a rather expensive process that can last for months, and in some cases, for years. Therefore, a fairly common practice in recent years has been to admit guilt in criminal proceedings on the basis of signing a corresponding agreement between the parties to the case. The lawyers of our law firm “Prykhodko & Partners” will provide highly qualified legal support. We will analyze in this article what are the features of concluding an agreement on admission of guilt and cooperation.
Legislative basis of the issue
In 2012, amendments were made to the Criminal Procedure Code of Ukraine (hereinafter referred to as the CPC). The new edition specified and described in detail the procedure for concluding agreements between parties in criminal proceedings. This toolkit was introduced to simplify the consideration of criminal proceedings. A plea agreement meets the interests of various parties:
For the state:
- Savings on procedural matters by simplifying the consideration of criminal proceedings.
- Reducing the burden on judicial authorities and pre-trial investigation bodies.
To ensure the interests of the parties:
- For the victim: ensuring the right to full and prompt compensation for the damage caused by the accused.
- For the accused: exemption from criminal liability; reduction of punishment or application of an alternative option.
Article 468 of the Criminal Procedure Code establishes two types of agreements between the parties to criminal proceedings:
- Agreement on reconciliation.
The parties to such an agreement are the victim and the suspect/accused.
Among its characteristics: voluntariness; detailed agreement on the terms of the suspect/accused’s liability; fixing a clause on compensation for damage and other actions in favor of the victim.
- Agreement on admission of guilt.
It is concluded between the prosecutor on the one hand and the suspect/accused on the other. Among the features of this agreement:
- Voluntariness.
- Agreement on the terms of the suspect’s liability.
Please note: the initiator of signing such an agreement is one of the above-mentioned parties to criminal proceedings: the prosecutor, the suspect/accused.
In what cases can a plea agreement be concluded?
In October 2024, the President of Ukraine signed Law No. 12039. This Law was amended to improve the regulation of plea agreements. The changes most affected criminal proceedings related to corruption crimes.
Among the cases in which a plea agreement can be concluded in criminal proceedings:
- Crimes, criminal misdemeanors that do not fall into the category of serious.
- Corruption criminal offenses.
However, this does not apply to all corruption crimes. The conditions for concluding an agreement are:
- Exposing the suspect of a third person involved in a case of committing corruption criminal offenses (with the presence of an appropriate evidentiary base).
- Partial or full compensation for losses/damage caused to the state.
- Criminal offenses related to corruption.
Main conditions: full compensation for the losses/damages caused; absence of complicity in other criminal offenses.
- Particularly serious crimes that were committed by an organized group (criminal organization, terrorist group, etc.) by prior conspiracy.
To conclude a plea agreement: the suspect/accused is not the organizer of such a group and exposes the illegal activities of other participants, providing relevant evidence.
Each case is individual and requires the use of effective tools. Only under this condition are there chances of obtaining the desired result for all participants in the criminal proceedings.
Judicial practice of admission of guilt in criminal proceedings
As judicial practice shows, regulation in the form of admission of guilt in criminal proceedings allows to mitigate punishment. The current Ukrainian legislation does not provide for a standard form agreement on cooperation between the prosecutor and the accused. It is also worth noting that cooperation with the investigative bodies is not a guarantee of obtaining the desired result. Lawyers of “Prykhodko & Partners” guarantee comprehensive legal support for suspects/accused in criminal proceedings. Timely appeal to our specialists is the key to success. Our lawyers will analyze the feasibility of admission of guilt in criminal proceedings and offer an effective algorithm of actions.
Do you have any more questions? We look forward to a preliminary consultation in a format convenient for you (offline or online)! To calculate the cost of a lawyer’s services in criminal proceedings, fill out the form below.
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How to choose a criminal defense lawyer?
Choose a lawyer based on their ability to control the process and think strategically, not on promises. Practical experience, a clear action plan from the first consultation, and real cases confirming results are key factors.
How can I contact a criminal defense lawyer if needed?
You can contact a lawyer via the provided contacts or through the law firm. It is important to promptly inform your lawyer about any changes in your case or circumstances that may affect its outcome.
What can a lawyer not guarantee?
A lawyer cannot guarantee a specific outcome of the case, as the decision is made by the court. However, they ensure professional defense using all legal tools to minimize risks and achieve the best possible result.
Is it possible to fundamentally change the course of a criminal case at pre-trial and trial stages?
Yes — provided there is systematic work, the right strategy, and professional procedural management. In criminal law, the result is the consequence of timely decisions.
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