Legal regulation of the participation of a defense based on agreements in criminal proceedings
Journal Title: Право та державне управління - Year 2017, Vol 3, Issue
Abstract
The article is devoted to the institute of agreements in criminal proceedings. The author critically analyzed the norms of the Criminal Procedural Code of Ukraine in the part of the regulation of the defense status, the scientific views on the improvement of the law in this part and the foreign experience. It was established that the right to make a decision to sign an agreement and to become a party of the agreement (regardless of its type) cannot be realized by a defender, unless it is realized only by the suspect and accused. It was investi- gated that before initiating the concluding of an agreement the suspect or accused must be acknowledged about all the consequences of the conclusion of the agreement. Therefore, the participation of a defender in the process of conclusion and approval of an agreement (regardless of its type) must be mandatory in a criminal proceeding.
Authors and Affiliations
А. Б. Войнарович
Keywords
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