The Verkhovna Rada will consider a new version of the draft law on the release of corrupt officials by entering into agreements with the investigation. At the same time, under certain conditions, a plea agreement can be concluded even with the organizer of the crime.
Appropriate bill 12039 were registered in the parliament on September 17 by people's deputies Davyd Arakhamia, Anastasia Radina, Oleksandra Ustinova, Serhii Ionushas and others.
As Anastasia Radina, head of the Anti-Corruption Committee of the Verkhovna Rada, noted, the fair mechanism of agreements with the investigation is an obligation to the EU, the fulfillment of which depends on receiving at least 350 million euros in financial aid to the budget. That is, Ukraine must pass this law in order to receive funds from foreign partners.
According to the authors of the draft law, plea agreements are one of the important mechanisms for speeding up pre-trial investigations. The improvement of the institution of plea agreements is conditioned by the effectiveness of such an "alternative" method of solving criminal legal conflicts. However, today the legislative regulation of such agreements in Ukraine has certain limitations for the pre-trial investigation, the court and the suspects and the accused themselves.
According to the deputies, the conclusion of agreements is a guarantee of speeding up criminal proceedings.
Therefore, the draft proposes to supplement Part 3 of Article 53 of the Criminal Code with regulations that provide that additional punishment in the form of a fine may be imposed in the event that it is not provided for in the sanction of the article (sanctions of part of the article) of the Special Part of the Criminal Code, only in case of approval by the court plea agreements in criminal proceedings regarding corruption criminal offenses or corruption-related criminal offenses.
The amount of the fine is determined by the court within the following limits:
- from UAH 340 to UAH 000 - in the case of a minor crime;
- from UAH 2 to UAH 040 - in case of committing a serious crime;
- from UAH 4 to UAH 590 — in case of a particularly serious crime.
It is planned to amend Article 65 of the Criminal Code and supplement the Code with Article 69-2, providing the possibility of imposing a milder punishment than provided by law, in cases of entering into a plea agreement regarding corruption criminal offenses or criminal offenses related to corruption.
It is also proposed to establish the possibility of applying an additional punishment in the form of confiscation of property in case of release of a person from serving a probationary sentence in cases of entering into a plea agreement in criminal proceedings regarding corruption criminal offenses or criminal offenses related to corruption (amendments to Article 77 of the Criminal Code) .
Amendments to Article 469 of the Criminal Procedure Code clarify the grounds for concluding a plea agreement in criminal proceedings regarding corruption criminal offenses or criminal offenses related to corruption, in particular, the following grounds are defined:
- corruption criminal offenses and criminal offenses related to corruption, provided that the suspect or accused exposes another person or persons to the commission of any corruption criminal offense or criminal offense related to corruption, and if the information regarding the commission by such person (persons) of a criminal offense will be confirmed by evidence, and under the condition of full or partial (taking into account the nature and degree of participation of the person in the commission of the crime) compensation to the suspect or accused for the damage caused or the damage caused (if such damage or damage was caused);
- corruption criminal misdemeanors, non-serious or serious corruption crimes, as well as criminal offenses related to corruption in the absence of signs of complicity in the commission of these crimes, which is confirmed by the materials of the criminal proceedings, and on the condition that the suspect or the accused are fully compensated for the damage caused or the damage caused ( if such loss or damage has been caused).
Also, the amendments to this article provide that a plea agreement between the prosecutor and the suspect or the accused, who is the organizer of the crime, cannot be concluded in criminal proceedings regarding corruption criminal offenses and criminal offenses related to corruption, except in the case of concluding an agreement on the basis of paragraph 2 of this part and on the condition that he exposes another organizer of a corruption criminal offense or a criminal offense related to corruption.
Amendments to Article 470 of the Criminal Procedure Code propose to establish an additional mechanism for agreeing a plea agreement between the prosecutor and the suspect or accused in criminal proceedings regarding corruption criminal offenses and criminal offenses related to corruption by the head of the relevant prosecutor's office. Namely:
- 1) regarding criminal misdemeanors or a minor crime - upon agreement with the first deputy of the Prosecutor General or the deputy of the Prosecutor General, the head of the regional prosecutor's office or his first deputy or deputy;
- 2) with regard to a serious crime - upon agreement with the Prosecutor General or his first deputy or deputy, the head of the regional prosecutor's office or his first deputy or deputy;
- 3) with regard to a particularly serious crime - upon agreement with the Prosecutor General or his first deputy or deputy;
- 4) regarding criminal misdemeanors or a minor crime, the pre-trial investigation of which is carried out by NABU detectives or which was sent to court by the prosecutor of the SAP - upon agreement with the head of the SAP or his first deputy or deputy, the head of the SAP unit;
- 5) in relation to a serious crime, the pre-trial investigation of which is carried out by NABU detectives or which was sent to court by the prosecutor of the SAPS - in agreement with the head of the Specialized Anti-Corruption Prosecutor's Office or his first deputy or deputy;
- 6) in relation to a particularly serious crime, the pre-trial investigation of which is carried out by NABU detectives or which was sent to court by the Prosecutor of the Criminal Investigation Department - in agreement with the head of the Criminal Investigation Department.
It is also proposed to amend Article 474 of the Criminal Procedure Code regarding the improvement of the trial and the approval of the plea agreement and the possibility of making changes to the concluded agreement before the court is removed to the deliberation room.
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