- Journal Issues
- № 4 2016 Actual problems of criminal justice
- Tribune of young scientist
- The conciliation agreement in juvenile criminal cases
The conciliation agreement in juvenile criminal cases
Review
This article considers the legal principles for providing investigating judge authorization of special pre-trial investigation in the criminal process of Ukraine and problems of their practical application.
The tendency of increase criminal proceedings for criminal offenses committed by minors, which directed to court, was noticed. At the same time, the proportion of minors in the total number of convicts in the 2013–2015 years didn`t change significantly and amounted to 4.8 %.
This article considers the question of the right of prosecutor to participate in the making and consideration process of the conciliation agreement.
Established that in our country is still a tendency to punitive response to minor offenses, mechanisms of restorative justice aren`t full realized. Therefore there is a need to review and improve mechanisms of restorative justice in juvenile criminal cases to ensure their rights.
Expressed necessity of a number of changes to the Criminal Procedure Code of Ukraine regarding the need to clarify some of its provisions. Expressed necessity of a change to the art. 469 and art. 474 of Criminal Procedure Code of Ukraine regarding the conciliation agreement in juvenile criminal cases.
Keyword: criminal proceedings; juvenile suspect (accused); conciliation agreement; victim; prosecutor; appeal.