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2013 | 5(2) | 163-170

Article title

Some Peculiarities of Pretrial Agreement on Cooperation with a Person, who Committed a Socially Dangerous Act in a State of Irresponsibility

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The 2001 Criminal Procedure Code of the Russian Federation continues to undergo fundamental adjustments. Ensuringthe aim of criminal proceedings for the protection of the rights and legitimate interests of persons affected by a crime, while alsopreventing the prosecution of suspects and accused the legislator seeks new forms of realization of this purpose. The legislatorcontinues to search for new ways in this direction and June 29, 2009 another federal law № 141-FZ was adopted which amendedthe Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation, in accordance withwhich section X criminal Procedure Code of the Russian Federation was supplemented with a new institution — the “Specialprocedure for making a judgment at the conclusion of pretrial cooperation agreement” (Section 40.1). In accordance with p. 61art. 5 CCP RF pretrial cooperation agreement is an agreement between the prosecution and defense, wherein the parties agree onthe liability provisions of the suspect or the accused, depending on his actions after a criminal case or indictment. Given that a newspecial procedure is based on the conclusion of cooperation agreement at the preliminary investigation between the prosecutionand defense, undoubtedly, primarily relevance is definition of the range of subjects participating in the agreement, the subjectof the agreement, legal obligations arising between the parties and liability in connection with the conclusion of the agreement,the author, stops on one of the emerging issues to justify their own position.





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