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Separate issues of a court sentence based on an agreement
Анотація
Among the procedural acts in criminal proceedings, adopted by the court, a sentence has a significant role. This is substantiated that all the preliminary procedural actions of the subjects, having been carried out before the sentencing, were directed to this decision which found the person guilty and prosecuted.
The purpose of the article is to investigate the structure of a conviction, identifying one of the problems that arise when sentencing a criminal proceeding based on agreements, in particular when a person has not been convicted or convicted of a previous intentional crime.
The analysis of Chapter 35 of the Criminal Procedure Code of Ukraine, the provisions of the Criminal Code of Ukraine and the case law showed the following problems:
- The structure of a judgement of conviction delivered by a court based on an agreement differs from the judgement, upheld in court proceedings. Lack of a motivating part with the justification of the proven guilty of the person is a peculiarity of the judgment of conviction based on agreement.
- Committing repetition of offences by a person effects on the imposition of a sentence, which will always be more severe under the rules of his/her appointment. As the transaction-based proceedings are designed to save procedural time, the accused consents to the said order, and hopes for a reduction in punishment. At the same time, such expectations cannot be realized, since the current legislation does not provide for improvement of the situation of the guilty person.
- Delivering a judgement based on an agreement, the court shall pay attention to its content, including the punishment, agreed by the parties. According to the law, the final punishment of perpetrators under Articles 70-71 of this Code will be determined by the court, so the defendant cannot predict a sanction because it is determined by the court, neither nor an agreement.
- The reaching and conclusion of an agreement by a person in criminal proceedings may contravene the provisions of Article 62 of the Constitution of Ukraine and violate the procedural rights of the accused person.
Keywords: judgment, evidence of guilt, imposition of punishment, criminal proceeding, agreement.