Author

Abshilava G.V.

Title of article

Legal grounds for concluding a cooperation agreement between the parties and conducting the procedure, provided by chapter 40.1 of the criminal procedure code of the Russian Federation

Section

                        Criminal рrocedural review

Issue, year

4 (34) 2015

Abstract

Procedural and substantive conditions for concluding a cooperation agreement between the defense and prosecution as well as conducting the procedure provided by Chapter 40.1 of the RF Criminal Procedure Code are considered. The consent of the accused to the charges against him (her) (or the suspect’s consent to the suspicion arisen against him (her) is the main condition under which implementing the cooperation agreement is possible. Various points of view of scientists, expressing the concerns about misinterpretation of the subject of the agreement by prosecution, are presented. The case of law enforcement practice is described: pre-trial agreement was terminated at the initiative of the prosecution due to the fact that the accused refused to fully acknowledge his guilt on the new charge brought against him, which was partially based on the data obtained as a result of cooperation. It’s summarized that the criminal event, legal elements of crime, other circumstances that are usually attributed to the substantive content of criminal procedural relations, can’t be the subject of the agreement. It would be fair if the charge recorded at the time of concluding the agreement didn’t change to deteriorate the position of the accused. Mitigation of accusation is permissible if it’s supported by evidence. The agreement might provide the possibility to change the charges, include new paragraphs in the agreement, cancel or revise the agreement upon the occurrence of specific circumstances and due to changes in situation and positions of the prosecution and defense. It would contribute to the observance of the rights of accused (suspect).

Keywords

cooperation agreement, the prosecution, the defense, legal grounds, subject of the agreement, criminal procedure.

References

1. Vasyaev A.A. Sdelka s pravosudiem ili sdelka s obvineniem [The deal with the justice system or deal with the prosecution]. Sovremennoe pravo – Modern Law, 2010, no. 2.

2. Kasatkina S.A. Soglashenie o sotrudnichestve v rossiyskom ugolovnom protsesse [Agreement on Cooperation in the Russian criminal trial]. Aktual’nye problemy ugolovnogo prava i ugolovnogo protsessa: trudy Instituta gosudarstva i prava RAN [Actual problems of criminal law and criminal procedure: the works of Institute of State and Law]. Moscow, 2009.