Internal Security Volume: 5 Issue: 2 Dated: July-December 2013 Pages: 163-169
The 2001 Criminal Procedure Code of the Russian Federation continues to undergo fundamental adjustments. Ensuring the aim of criminal proceedings for the protection of the rights and legitimate interests of persons affected by a crime, while also preventing the prosecution of suspects and accused the legislator seeks new forms of realization of this purpose.
The legislator continues to search for new ways in this direction and June 29, 2009 another federal law ¹ 141-FZ was adopted which amended the Criminal Code of the Russian Federation and the Criminal Procedure Code of the Russian Federation, in accordance with which section X criminal Procedure Code of the Russian Federation was supplemented with a new institution the "Special procedure for making a judgment at the conclusion of pretrial cooperation agreement" (Section 40.1). In accordance with p. 61 art. 5 CCP RF pretrial cooperation agreement is an agreement between the prosecution and defense, wherein the parties agree on the liability provisions of the suspect or the accused, depending on his actions after a criminal case or indictment. Given that a new special procedure is based on the conclusion of cooperation agreement at the preliminary investigation between the prosecution and defense, undoubtedly, primarily relevance is definition of the range of subjects participating in the agreement, the subject of the agreement, legal obligations arising between the parties and liability in connection with the conclusion of the agreement, the author, stops on one of the emerging issues to justify their own position. (Published Abstract)