A special procedure for the adoption of a court decision with the consent of the accused with the accusation against him is a simplified (“preferential”) form of the trial, in the Russian criminal proceedings since 2002. Most of the cases in the Russian courts are considered in a special order [1] . In accordance with Chapter 40, namely, with Article 314 of the Code of Criminal Procedure , the accused has the right, with the consent of the public or private prosecutor and the victim, to declare his consent to the accusation and to apply for sentencing without criminal proceedings in criminal cases of crimes which, provided for by the Criminal Code of the Russian Federation , does not exceed 10 years in prison.
In the case of sentencing in a special order, the punishment for a crime cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment prescribed for the crime committed, which represents a certain “privilege” for the defendant.
Difference from foreign analogues
Most scholars distinguish between the plea agreement in the system of Anglo-American law and the special procedure for making a court decision [2] . The basis of their arguments is the fact that, unlike the special procedure, the plea agreement is a “real” transaction, when the prosecutor refuses part of the prosecution in exchange for the consent of the accused with its less serious part. With regard to a particular order, in the Russian criminal procedural legislation , according to T. K. Ryabinina, emphasis is placed on simplifying the procedure of judicial proceedings , subject to agreement with the accusation in full , and the traditional Anglo-American version of plea bargains focuses on reducing volume of charges [3] .
Ratings
In modern scientific literature it is noted that the defendant, who has chosen a special order, in particular, for minor crimes, “loses” [4] , however, according to the judge of the Moscow City Court Usov [5] , the special order looks attractive to repeat offenders.
Attorney General Chaika noted that a special procedure, in which up to 70% of cases were considered by the 2010s, leads to the degradation of the investigator , since, in this case, competition is excluded [6] . Earlier, at the expanded board of the General Prosecutor’s Office, Russian President Putin , drawing attention to the low professional level of Russian investigators [7] , said that “investigators and inquiry officers on cases considered in a special manner, as is known, simplify their work to the limit” [8 ] .
Notes
- Supreme Court of the Russian Federation (inaccessible link) . The date of circulation is February 17, 2015. Archived February 17, 2015.
- ↑ Tolkachenko A.A., Tolkachenko A.A. Criminal and legal aspects of the special procedure of criminal proceedings in criminal cases // Criminal proceedings. 2006. № 3.
- ↑ Ryabinina, T. K. Special court procedures as one of the abbreviated forms of criminal proceedings // Russian judge. 2004. № 9.
- ↑ RELP. Special order - the usual sentence:
- ↑ “The special order of the trial, or why there is no accusatory bias in the activities of the Metropolitan Themis” “ Echo of Moscow ” dated November 08, 2010
- ↑ "The Seagull announced the degradation of investigative bodies in Russia" interfax.ru of February 21, 2018
- ↑ “Putin in the Prosecutor General’s Office was listened to in a deathly silence: what displeased the president is” “ Moskovsky Komsomolets ” No. 27618 dated February 16, 2018
- ↑ “Prosecutor General Yuri Chaika saw the“ degradation of the investigators ” “ Kommersant ”from 02/21/2018