FEATURES OF CONSIDERATION OF THE RECONCILIATION AGREEMENT
Journal Title: Міжнародний науковий журнал "Інтернаука". Серія: "Юридичні науки" - Year 2018, Vol 1, Issue 9
Abstract
The author conducts an analysis of the activities of the court in criminal proceedings on the basis of the reconciliation agreement. Features of consideration of the agreement in the preparatory proceedings, if the agreement took place at the stage of pre-trial investigation. Usually at this stage of the criminal process, the court does not include criminal proceedings, besides the agreement, the indictment, a receipt for the copy of the indictment and register of materials pre-trial investigation. This, in turn, complicates the verification of the agreement in compliance with the requirements of the law and makes it impossible to verify the correctness of its conclusion. If the agreement has flaws, which by their nature are not significant, it seems right that the ability of the parties clarify the agreement, making the appropriate changes in its content, which may not relate to the qualification of the criminal offence in respect of which an agreement was concluded, articulated suspicion or accusation. The paper discusses procedural steps that the court must carry out before making procedural decision on the reconciliation agreement (the sentence on the basis of the agreement or determination about refusal in adoption of the agreement). Such actions are conducted to test the voluntariness of the agreement and understanding of the parties to the agreement of its consequences. Thus, the subject of the criminal procedural knowledge of the court in consideration of the agreement, in contrast to the General procedure for judicial review of criminal proceedings, limited to the investigation of the circumstances that relate to the content of the agreement and its conclusion. This limitation of the cognitive activity of the court can be explained by the specifics of the application of agreements in criminal proceedings, the priority which is given to the parties reached a consensus that the verdict as being legally significant. Resolving issues of importance to check the agreement, the court should be guided by inner conviction, which is grounded on the evidence studied in the court session and which together provide an opportunity to make a fair decision.
Authors and Affiliations
Yevhen Povzyk
Keywords
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- EP ID EP570591
- DOI 10.25313/2520-2308-2018-9-4397
- Views 98
- Downloads 0
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