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Russian Model of the Cooperation Agreement with the Accused

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Alexandrov A.

Internal Security

2012

vol. 4(2)

215-222

The article analyzes the institution of pretrial agreement about cooperation within the Russian criminal procedural law which is in use since 2009. It establishes the contractual nature of this institution and traces the similarities and differences of the Russian varieties of cooperation agreements with foreign counterparts, especially with the US system of “Plea Bargaining”.When it comes to pre-trial cooperation agreement the Russian is identical to foreign counterparts in the following e. g.: the procedure can be applied to almost all categories of criminal cases, the accused must assist the investigators and prosecutors in the detection and investigation of crimes committed both by himself and other defendants or persons, the criminal case is not examined on its merits in court, if the results of cooperation are recognized by the prosecutor and the court, the consent of the victim to conclude a pre-trial agreement between the prosecutor and the defense is not required, the subject of the agreement may be an obligation of the state to take measures to ensure the security of the person who has entered into a pre-trial agreement for cooperation and the exclusive role of the prosecutor in signing the pre-trial cooperation agreement with the defendant underlines the primacy of prosecutor’s authorities in the pre-trial investigation. The analysis is conducted in the context of the latest clarifications provided by the Plenum of the Supreme Court of Russia on the understanding and application of the rules governing the formation of the pre trial cooperation agreement.

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

100%

Semyonov S.

Internal Security

2013

vol. 5(2)

163-170

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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Russian Model of the Cooperation Agreement with the Accused

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