ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

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SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Archive of Issues

The plea agreement in juvenile criminal cases

Pages: 159-165
Year: 2017
Location: Pravova Ednist Ltd

Review

This article considers the legal principles for conclusion and approval by the judge the plea agreements in juvenile criminal cases and the problems of their practical application, innovations of legal regulation of the plea agreements.

An analysis of the statistical information of the number of sentences issued on the basis of the plea agreement in the period from 2014 to 2016 showed a significant decrease in their number by almost 10%.

This article considers the question of the right of an advocate to initiate a plea agreement.

The analysis of the court practice has shown that the impossibility of execution by minors agreed by the parties  punishment; agreed by the parties punishment goes beyond the general principles of the sentencing; the terms of the plea agreement violate the interests of the juvenile accused; the refusal of a juvenile accused of the plea agreement are the most common grounds for refusal by the court in their approval of the plea agreement in juvenile criminal cases.

Expressed necessity of a number of changes to the Criminal Procedure Code of Ukraine regarding the need to clarify some of its provisions, including the timing on harmonization of the specific terms of the guilty plea agreement.

In the article were encouraged to amend  the art. 469 of Criminal Procedure Code of Ukraine regarding the plea agreement in juvenile criminal cases.

Keyword: сriminal proceedings, the juvenile suspect (accused), the plea agreement, particularly serious crime, criminal proceedings, in which victims take part. 

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