Klimanova O.V. Features of Trial Procedure During the Conclusion of Prejudicial Cooperation Agreement

Klimanova Olga Valerievna

Postgraduate Student, Department of Criminal Procedure and Criminalistics,
Samara State University
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Akademika Pavlova St., 1, 443011 Samara, Russian Federation

Abstract. This article concerns and compares the base of special order of the trial provided in Chapters 40 and 40.1 of Criminal Procedure Code. The only basis to simplify the judicial process is confession of guilt. But it doesn’t always go along with the conclusion of the prejudicial cooperation agreement. Thus, we conclude that there is no close connection between the institution of cooperation with the accused and special order of the trial, which is provided by the law. We consider that the meaning of the agreement for the accused consists in sentencing according to special “preferential” rules of the Criminal Code, and the meaning of the application of the reduced judicial procedure consists in saving resources, permissible in the absence of a dispute about guilt. In this regard, we propose measures to improve the legislation in order to separate these unrelated institutions. With regard to the special order of the trial, indeed, it can be applied at the conclusion of the agreement. However, these relationships are not of cause-effect character. Grounds for summary judgment procedure are fundamentally different from the reason of punishment reduction in case of cooperation of the accused, because they are caused by the refusal of the accused from their constitutional rights.

Key words: special trial procedure, prejudicial cooperation agreement, presumption of innocence, confession of guilt, validity of sentence.

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