Attorney
A practicing attorney in the field of criminal and administrative law. I provide full support to clients at the stage of preliminary investigation and trial in criminal proceedings.
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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Can I receive a consultation online or by phone?
Yes. Consultations are available by phone, online, and at our office. Your location does not prevent you from receiving initial legal assistance.
Which documents should I prepare for the consultation?
Bring or send everything related to the case, including a summons, notice of suspicion, court orders, records, agreements, and correspondence. If you do not have any documents, simply describe the situation. The lawyer will tell you what should be requested.
How much does a lawyer’s assistance cost?
The exact fee depends on the stage, complexity, and scope of work. Current estimates are shown in the price table on this page, and we prepare an individual calculation after the initial conversation.
Does your law firm work only in Kyiv?
No. We provide services throughout Ukraine. Clients looking for a criminal lawyer in Lviv, Odesa, or Dnipro can conveniently begin online. The next steps and format of cooperation can then be arranged to meet the needs of the case.
Should I choose a consultation or full representation?
A consultation may be sufficient when the issue is limited and clear. If proceedings have been opened, a notice of suspicion has been served, or a court hearing is expected, ongoing representation by a criminal lawyer may be required. A lawyer will recommend the appropriate format after the assessment, and it can be changed as the case develops.
Can a relative contact the lawyer?
Yes. Relatives are often the first to call a lawyer, especially after a detention. The lawyer’s authority is agreed with the person concerned by the proceedings and formalised in an agreement. This should be arranged as early as possible.
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