About the work done to conclude a procedural agreement in the form of a plea bargain

The institution of a procedural agreement in the form of a plea bargain (hereinafter referred to as a plea agreement) is significant and relevant news in national legislation and has been in effect in Kazakhstan for 2 years.

A plea agreement is a legally formed agreement that is concluded between a Prosecutor and a suspect, accused, or defendant for minor, moderate, or serious crimes-if the suspect or prosecution agrees.

The statement of the suspect, accused, defendant or his defense lawyer or Prosecutor on the conclusion of a plea agreement may be filed: at the stage of pre-trial proceedings from the moment the person receives the status of a suspect; in the court of first and appeal instance-before the court is removed to the conference room.

After the Prosecutor enters into a plea agreement with the materials of the criminal case, the agreement is sent to the court for consideration in the conciliation proceedings.

The main purpose of entering into a plea agreement is to promptly perform the tasks of the criminal process by promptly and fully disclosing, investigating crimes and conducting prompt pre-trial proceedings and conducting a reduced judicial review of the case.

At the same time, the court considers criminal cases in conciliation proceedings without conducting a judicial investigation, judicial debate and giving the defendant the last word. The defendant may not be sentenced to more than the amount stipulated in the plea Agreement.

Since the introduction of this institution, transport prosecutors have carried out some work on its implementation.

Over the past period, 123 cases were considered in court in respect of 150 people, including 57 cases for 79 people with sentencing, and 66 cases for 71 people on non – rehabilitating grounds.

Transport prosecutors at the stage of pre-trial investigation and trial explain to the suspect, the accused and the defendant the right to enter into a plea agreement, as well as its advantages, not otherwise than provided for by The agreement on prompt consideration of the case, admission of guilt and sentencing.

It was attended by employees of the Main transport Prosecutor's office and the Department of internal Affairs on transport, judges of the appeal judicial Board for criminal cases of the Astana city court and lawyers of the Astana city bar Association.

The Supreme court adopted regulatory resolution No. 4 of 07.07.2016" On the practice of consideration of criminal cases by courts in conciliation proceedings".

Work in this direction continues and is under constant control in the main transport Prosecutor's office of Kazakhstan.

 

 

10-Deputy head of the Department

Main transport Prosecutor's office of the Republic of Kazakhstan