Regarding the plea agreement procedure in the context of the suspect's cooperation with the prosecution

Abstract

In the article, the author examines some problematic issues of tactical and forensic support of the compromise procedure - the plea agreement provided for in paragraphs 2, 3, part 2 of Art. 469 of the Criminal Code, the participant of which is a person suspected of committing a serious crime. The essence of the tactics of the prosecutor's participation in compromise procedures is considered, as a set of procedural actions, formal procedures and tactical techniques of the prosecutor based on the recommendations of criminology, which ensure the creation of certain conditions for the parties to enter into a plea agreement on mutually beneficial terms for the parties. The procedure for concluding the specified agreement is proposed to be considered as a complex of investigative (search) and other procedural actions for solving certain local tasks - concluding a compromise agreement - as part of the tactical operation "achieving a compromise with the suspect" taking into account a certain typical investigative or defense situation and the interests of the victims. A typical model of this operation is proposed and considered, the main purpose of which is the cooperation of the suspect (accused) with the pre-trial investigation (accusation).
 There is a well-founded need to conduct a tactical operation "checking the testimony of a suspect who admits his guilt" within the framework of this procedure. Within the framework of the proposed typical model of the operation, a list of investigative (search) and other procedural actions, tactical techniques, which will allow solving the task of the operation, is given.
 Taking into account the peculiarities of concluding an agreement with a suspect who has committed a particularly serious crime and exposes others guilty of crimes committed by a group of persons, an organized group or a criminal organization or a terrorist group, the author proposes to carry out a mandatory tactical operation for the specified category of criminal proceedings - "ensuring the safety of the suspect (accused)" and its typical structure is given. The need to create an autonomous body for the protection of witnesses and other participants in criminal proceedings (the National Protection Service) in Ukraine is substantiated, since such units are currently part of the structure of investigative or operational units and are actually a party to the prosecution.