PROBLEMS OF THE PROSECUTOR'S PARTICIPATION IN CONCLUDING A PRETRIAL COOPERATION AGREEMENT

Authors

  • Елена Федоровна Лукьянчикова Belgorod State University Автор
  • Анастасия Ивановна Попкова Belgorod State University Автор
  • Анастасия Олеговна Заболоцкая Belgorod State University Автор

Keywords:

pre-trial cooperation agreement, prosecutor, criminal procedure, procedural position, plea agreement

Abstract

       The article discusses the problems of the prosecutor's participation in concluding a pre-trial cooperation agreement, which has become an important tool in the criminal process. Various aspects are considered, ranging from the role of the prosecutor in shaping the procedural position to the impact of the pre-trial cooperation agreement on the effectiveness of the investigation of crimes and the observance of the rights of the accused. The key legal aspects regulating the prosecutor's participation in the pre-trial cooperation agreement are highlighted, with an emphasis on ensuring fairness and balancing the interests of the state and the accused. The practice of applying a pre-trial agreement is analyzed, significant problems and gaps in legislation are identified. The work substantiates the need to improve the mechanisms of the prosecutor's participation in the pre-trial cooperation agreement in order to increase its effectiveness and legal protection of the parties.  The main problems that arise during the conclusion and execution of such agreements are analyzed, including issues of legal liability and the possibility of abuse.

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Published

2025-02-24