Conclusion of a pre-trial cooperation agreement: criminal procedural and forensic problems
The Institute of pre-trial agreement has been actively used in the practice of law enforcement agencies of Russia since 2009, but there are still many problems with its use. The pre-trial agreement cannot be applied everywhere in all crimes without exception, but only in the detection and investigation of its organized and most dangerous forms. The initiative to apply the pre-trial agreement should belong to law enforcement agencies, i.e. the investigator and the Prosecutor. The essence of the pre-trial agreement between the offender and the prosecution should be based on mutual contractual obligations, which should be clearly spelled out in the text of the agreement with a guarantee of their execution, especially by the state. This, in turn, requires that the pre-trial agreement be approved in court with the participation of interested parties to the criminal process. The decision of the sentence by the court in a special order under the pre-trial agreement shall be after consideration by the court of the main criminal case in the General order.