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Tisen O.N. The Defendant’s Consent With the Accusation as a Condition of the Legitimacy of Pre-Rial Agreement on Cooperation

Olga N. Tisen
Candidate of Juridical Sciences, Senior Prosecutor, Department of Supervision 
Federal Security, International Relations, Extremizm Prevention, Prosecutors Office of the Orenburg Region
Kobozeva St., 51, 460000 Orenburg, Russian Federation, This email address is being protected from spambots. You need JavaScript enabled to view it.

Introduction. Prior to the introduction of the legislator’s amendments to Chapter 40.1 of the criminal procedure code of the Russian Federation in July 2016, the question whether the agreement with the prosecution is a prerequisite for the legality of pre-trial agreement on cooperation has caused heated debates among scientists and practitioners. However, after the inclusion of a provision on possible change of the pre-trial agreement in Chapter 40.1 of the code of criminal procedure, this issue has acquired even greater urgency. Results. Based on the analysis of current legislation and judicial practice the author argues the position that the consent of the accused with the accusation is a prerequisite for the legitimacy of pre-trial agreement on cooperation. The notion of “guilty plea” and “consent with the prosecution” are not equivalent from the point of view of their criminal procedural sense. ConclusionsThe change of charges in the direction of deterioration prosecuted may entail a significant transformation of the conditions of cooperation with law enforcement. In this regard, the article substantiates a point of view about the need of renewal of pre-trial agreement on cooperation in case of being charged a more serious crime and proposes a procedure for implementing this procedure in practice.

Key words: pre-trial agreement on cooperation, admission of guilt, the defendants’ consent with accusation, accusation change, deterioration of the situation of the accused. 

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