CERTAIN PROBLEMS OF CONTENT AND APPLYING PLEA BARGAIN

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CERTAIN PROBLEMS OF CONTENT AND APPLYING PLEA BARGAIN

Journal Title: «Приватне та публічне право» - Year 2017, Vol 3, Issue

Abstract

The one way of improvement prosecuting in criminal proceeding is introduction of plea bargain. This institution is taken from law systems of European countries, also it is applying by the United States of America, Great Britain and other countries. Further developments of prosecutor of Ukraine are now needed. One of effective methods is to strengthen the power in criminal process by applying plea bargain. However, there are a significant number of nonregulated by law issues that require research and further improvement. Criminal proceeding based on agreement – it is the institution of criminal process, which provides simplification of criminal proceedings on the basis of compromise between representatives of different parties, on condition that guilt of defendant is proved and mutual concessions, ensuring the restoration of violated rights. The author analyzed content of plea bargain, legal requirement of content of plea bargain. Also, proposed modifications to the current Code of Criminal Procedure to improve arrangements of reconciliation at the pre-trial stage and at judicial trial. The introduction of plea bargain would provide a more effective prosecutorial activity, what would lead to declining the number of untried cases, individualization of punishment, what would result to reducing the number of penitentiary centers, remand centers etc.

Authors and Affiliations

Т. Є. Мироненко

Keywords

agreement plea bargain prosecutor prosecutor's authority victim litigator damages

EP ID EP444647
DOI -
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