ЗГОДА ПОТЕРПІЛОГО НА УКЛАДЕННЯ УГОДИ ПРО ВИЗНАННЯ ВИНУВАТОСТІ В КРИМІНАЛЬНОМУ ПРОВАДЖЕННІ

Abstract

The purpose of the study is to determine the role of the consent of the victim in concluding a plea agreement between the prosecutor and the suspect (accused), as well as the specifics of the practical implementation of this aspect of criminal procedural compromise. The state acts as a guarantor of the private interests of every citizen, as well as protects the fundamental and publicly important interests that are designed to ensure the normal existence and development of society, seeks to reduce public resonance and negative impact of particularly serious crimes to restore the reliability and steadfastness of its institutions. This article examined the legal regulation of the institution of a plea agreement transaction in a criminal proceeding in which the victim or victims are involved. The institution of a plea agreement in the Criminal Procedure Code of Ukraine helps to save time in the investigation of crimes. The application of the transaction reduces the procedural costs of the state. At the same time, the level of efficiency in solving grave and especially grave crimes committed as part of an organized group or criminal organization is increasing. The burden on the system of judicial and law enforcement agencies is reduced, which leads to an acceleration of the pre-trial investigation of criminal offenses. An attempt has been made to highlight the techniques and methods of persuading the victim to provide the prosecutor with written consent to conclude an agreement with the suspect (accused). The described persuasion techniques help to obtain consent from the victim to conclude a plea agreement in a short time. These methods include such as: argumentation, suggestion, appeal to emotions and feelings. The persuasion process is the softest and most permissible, since it does not entail the emergence of false beliefs in the victim. At the same time, we consider the relationship between private and public interests in the implementation of the plea agreement. Each crime infringes on personal and private interests. The state must guarantee the protection of the established legal order. However, the victim should have the right to express his or her opinion freely in criminal proceedings. Therefore, the institution of a plea agreement cannot fully exist without the consent of the victim. Thus, the consent of the victim must be of an advisory nature, because to maintain the balance of private and public interests, it is important to encroach on public order and the degree of damage to public relations in general.