Conciliation proceedings - when concluding a plea agreement, the prosecutor does not have the right to make the admission of guilt by the suspect or the accused a condition of his conclusion.
When examining the procedural agreements under which the sentences were passed, cases of non-compliance with the requirements of paragraph 14 of the NPS dated July 7, 2016 No. 4 "On the practice of courts considering criminal cases in conciliation proceedings" were identified. Thus, when concluding a plea agreement, the prosecutor does not have the right to make the admission of guilt by the suspect or the accused a condition of his conclusion. In the plea agreement in accordance with paragraph 2) In part 1 of Article 613 of the CPC, it is sufficient to indicate that the suspect and the accused do not dispute the suspicion, accusation and evidence available in the case of the commission of a crime, the nature and extent of the harm they caused. This requirement of the law is not observed in the procedural agreement on the criminal case against Ts., convicted by the verdict of the Uspensky District Court of Pavlodar region dated May 5, 2020 under part 1 of Article 346 of the Criminal Code.
In the procedural agreement concluded between the prosecutor and the suspect in the presence of a defense lawyer, it is stated that Ts. "undertakes: a) to unconditionally admit the charges to the extent of suspicion in court proceedings; b) not to dispute the evidence collected and the qualification of the act ...". In this case, the assignment of the specified obligation to the suspect in the procedural agreement violates his right to defense and entails obligations not provided for by the criminal procedure law.
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