RECOGNITION AGREEMENT: PROBLEMATIC ASPECTS AND WAYS TO IMPROVE ITJournal: International scientific journal "Internauka." Series: "Juridical Sciences" (Vol.1, No. 22)
Publication Date: 2019-12-31
Authors : Povzyk Yevhen;
Page : 49-54
Keywords : agreement; plea agreement; summary procedure; victim; prosecutor; content of the agreement;
The author analyzes current issues of criminal proceedings on the basis of an agreement on the recognition of guilt, the grounds and conditions of his agreement. The grounds for concluding a guilty plea agreement depending on the gravity of criminal offenses are considered. Attention is focused on the peculiarities of concluding an agreement regarding especially grave crimes. Such features consist in additional conditions that relate to the prosecution of criminal offenses, the forms of complicity, the actions of the suspect, the accused regarding the disclosure of other persons to commit crimes, the provision of information that reveals these persons in the commission of a crime and confirmation by evidence. This condition of the conclusion of an agreement on the recognition of guilt is analyzed as the nature of the damage caused by a criminal offense (caused to state or public interests). Attention is drawn to the imperfection of the regulatory regulation of this issue in connection with the amendments to the criminal procedural law. Ways of normative improvement of the procedure for concluding an agreement on the recognition of guilt between the suspect, the accused and the prosecutor, the procedure and conditions for the consent of the victim to conclude this agreement are proposed. Such consent, in our opinion, should be accompanied by compensation for damage to the victim. If such damage is not compensated, in this case, after the conclusion and approval of the guilty plea agreement, the victim loses the opportunity to protect his property interests within the criminal proceedings. The regulatory requirements for the content of the guilty agreement are considered. Features of the conclusion and consideration by the court of the agreement with the participation of the defense counsel, translator, juvenile suspect, accused, victim. Matters that the prosecutor must consider before concluding a guilty plea.
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