Petition for a pre-trial agreement: conditions and features of drafting

FREE CONSULTATION WITH A LAWYER

Tel.
+7 (800) 302-65-54 Free in Russia
If in a criminal trial the parties managed to conclude a pre-trial agreement on cooperation, there is a real chance to mitigate the punishment. How to submit an application, a sample document, the legal features of the procedure - all this is discussed in detail below.

Sample petition for concluding a pre-trial cooperation agreement (word)

Pre-trial agreement form (word)

General provisions

Criminals had the opportunity to officially cooperate with the investigation in 2009, when Federal Law No. 141 was adopted. Until this moment, no agreements had been signed - the Criminal Code of the Russian Federation did not have the very concept of cooperation between the investigation and the criminal.

However, there was a concept of “contributing to the solution of a crime.” Such cooperation was not documented, but could be taken into account both by the investigation and by the court during sentencing. As a rule, the judge chose a more lenient punishment for such criminals, and the investigator could release from liability those accomplices in the crime who became known as a result of confessing (the so-called “locomotives”).

Since 2009, the agreement with the investigation has been drawn up in writing. This document is a guarantee that assistance in solving a crime will not go unnoticed for the accused.

If the suspect or accused wants to cooperate with the investigation, he has the right to file a corresponding petition from the moment the investigation begins. And the sooner such cooperation begins, the greater the criminal’s chances of achieving a significant reduction in his sentence.

Of course, it makes sense to conclude a pre-trial agreement only at the initial stage of the investigation. If the accused decides to cooperate by the time the investigative measures are completed, then his petition will most likely be rejected.

Sample agreement

In essence and in some sense in form, this document resembles a contract, since the suspect gives obligations of cooperation. It reflects the following information:

1. Date and place of compilation.
2. Full name, positions of all parties, full name of the accused.
3. What specific actions does the accused undertake to perform? This is the subject of the agreement, to which all parties pay special attention. Typically, these actions include giving confessions, active participation in all actions of the investigation, disclosing all necessary information, and providing all possible assistance. Formally, it is assumed that the accused has the right to choose a specific set of obligations. However, the prosecutor in this sense has great powers, since he can refuse to satisfy the request if the accused does not agree to cooperate fully.
4. Signatures of all parties - defense lawyer, accused and prosecutor.

Sample:

Grounds for filing an application

Current legislation identifies the following conditions for transactions with justice:

1. Suspicion or accusation was officially filed.
2. By cooperating with the investigation, the criminal fully admits his guilt. Moreover, the signing of the agreement is initiated by the accused. He must act voluntarily.
3. The defendant's proposal is submitted before the completion of the preliminary investigation.
4. The information available to the applicant is of real value to the investigation.
5. The trial takes place in an expedited and simplified manner.
6. The punishment is reduced.

The accused must be aware that a plea bargain requires him to admit guilt. If he insists on his innocence, then it will not be possible to conclude an agreement.

Having received a request for a pre-trial agreement, the investigator can either accept or reject the offer of the accused. In this case, the investigation is not obliged to give the criminal any guarantees regarding the final result. Also, law enforcement officers do not have the right to offer an exchange that is disproportionate to the severity of the crime committed. For example, a cooperation agreement will not allow a citizen to completely avoid punishment for aggravated murder. It doesn’t matter what information the criminal has, the punishment in this case can be mitigated, but not cancelled.

The current legislation does not limit transactions in any way due to the nature of the crime committed. Thus, the investigation can cooperate with the accused both in cases involving minor offenses and when committing crimes of particular gravity.

Sample application

The document should include the following sections:

1. The “header” indicates the name and position of the prosecutor in whose name the petition was drawn up. Here they also specify through whom the document is transmitted, from whom it is sent (the full name and contact details of the lawyer are also indicated). They write down the date.
2. Then they briefly describe the circumstances of the proceedings and provide a link to the criminal case.
3. Next, a proposal is made to conclude a pre-trial agreement: the accused must indicate his cooperation in the criminal process. Namely, what he undertakes to do (disclose information about accomplices, performers, addresses, bank accounts, etc.).
4. Then a request is formulated (i.e., to actually conclude an agreement), signatures and transcripts of the signatures of the accused and his defense attorney are placed.

If the suspect believes that as a result of cooperation with the investigation, there is a threat to his life or health from third parties (as well as a threat to his relatives), the investigator must sign a special order that the document will be kept in a sealed envelope.

Deal nuances

If a citizen is accused of committing a crime, then he is not obliged to enter into any agreements with law enforcement officers if there is no personal interest in this. Investigators do not have the right to force a person to make a deal. Sometimes an offer of cooperation comes from prosecutors. But subsequently, the accused will still be considered the initiator of the transaction.

In accordance with the norms of current legislation, a pre-trial agreement is concluded with the prosecutor's office. The intermediary between the parties is the investigator, who decides whether the information offered by the applicant is valuable. If the petition is approved by the investigator, then it is transferred to the addressees. If not, the application is rejected.

The refusal can be appealed. And it doesn’t matter whether it came from an investigator or from a prosecutor. To do this, the accused or his defense attorney must submit a corresponding petition to one of the following organizations:

• Investigative committee;
• The prosecutor's office.

If the prosecutor has approved the petition, then it is he who determines the scheme of interaction between the accused and the investigation, and determines the benefits that can be applied during the formation of the sentence. Information about the terms of cooperation is transmitted to the applicant. Then an agreement on joint actions is signed. The document is signed by three parties:

• accused;
• lawyer for the accused;
• prosecutor.

What can the accused expect?

Before making a deal with justice, the accused should be aware of the following nuances:

Have a question for a lawyer? Ask now, call and get a free consultation from leading lawyers in your city. We will answer your questions quickly and try to help with your specific case.

Telephone in Moscow and the Moscow region: +7

Phone in St. Petersburg and Leningrad region: +7

Free hotline throughout Russia: 8 (800) 301-39-20

1. This is not a contract in the general sense. It does not list clear rights and obligations. Therefore, the defendant should view the agreement not as a business contract, but as an opportunity to reduce his sentence.
2. The consequences of cooperation with the investigation largely depend on the severity of the crime committed. By providing voluntary assistance to law enforcement officers, an attacker can count on a significant reduction in punishment. In some cases, a complete reversal of the sentence is possible. However, the risk of not getting anything is also quite high.
3. The agreement does not give the attacker any immunity or any privileges. That is, he will not receive protection from those persons whom he “turned in” during his cooperation with the investigation.
4. If the application is rejected by the prosecutor, the accused may be at a disadvantage. The fact is that the very fact of filing a petition indicates that the criminal admitted guilt. Therefore, it will no longer be possible to take a position of innocence. Therefore, you need to understand that filing a petition is a risky step.

Thus, the only thing that can guarantee a pre-trial agreement is moral support and the hope of reducing the severity of the sentence. But such cooperation can be beneficial not only to the accused, but also to law enforcement officers. If the criminal has truly valuable information, then such an agreement will allow him to obtain it without wasting resources or risking the lives of employees. In addition, cooperative attackers often have information not only on the case under consideration, but also on other episodes that are considered unsolved.

Main stages of the transaction

You can file a petition for a pre-trial agreement immediately after suspicion or accusation of committing a crime has been brought forward. Further events will develop according to this scenario:

1. The investigator or lawyer tells the defendant about the possibility of mitigating the punishment or even “cutting off” the sentence. To do this, it is necessary to perform certain actions that will facilitate the work of the investigative department. An offer of cooperation from lawyers is quite a rare case. This is possible when the accused clearly has valuable information and can clarify some circumstances of the case.
2. If law enforcement officers do not offer a deal, then the accused can take the first step. To do this, he must write a statement addressed to the prosecutor, thus expressing a desire to cooperate with the law. This document is certified by a lawyer or an investigator. On behalf of the client, the defense attorney himself can draw up a statement by submitting the document to the investigator.
3. Within three days, the first instance must make a decision on the petition. It can either be approved or rejected. If the outcome is positive, then the responsible official draws up a separate petition to allow the accused to participate in the case as an assistant. The petition is submitted to the prosecutor.
4. The prosecutor also has three days to reach a verdict. If the prosecutor considers cooperation appropriate, he prepares the appropriate documentary base. Then the completed agreement is signed by all parties to the process: the lawyer, the applicant and the prosecutor. The case is then assigned the status of a separate proceeding.
5. At the end of the investigative period, the prosecutor must check the results. He checks whether the accused has fulfilled all the terms of the agreement. If the citizen provided significant assistance to the investigation, then the prosecutor is preparing a petition for the special nature of the court hearing. One copy of this document is provided to the cooperating party through his lawyer.
6. When considering a case, the court must examine all the circumstances of the case, taking into account the results of cooperation within the framework of the pre-trial agreement.

The agreement may be canceled in the following cases:

• it was revealed that the accused hid facts, provided false information, etc.
• in fact, the criminal did not have valuable information, and his testimony did not help the investigation in any way.

Cooperation with the investigation is advisable if the attacker had accomplices. If the crime was committed by one person, and the case itself does not have dead ends, then filing a petition makes no sense.

Procedure

The sequence of actions is as follows:

1. A petition for agreement is drawn up (a sample is given in the next section) addressed to the prosecutor and handed over to him by the investigator. This can be done from the beginning of the persecution until the end of the preliminary investigation.

   

2. After the investigator receives the petition, he must obtain the consent of the head of the investigative body. And then hand over the document personally to the prosecutor. All these actions should take no more than 3 working days.
3. After this, the prosecutor must also make one of two decisions within 3 working days - to grant the request or reject it.

   

4. If the decision is positive, important legal consequences occur:

• the parties sign a pre-trial cooperation agreement: that is, they assume certain obligations in the criminal process;
• the case will be considered in a simplified manner;
• the investigation is counting on the cooperation of the suspect;
• The defendant expects a reduced sentence.

1. If the investigator refuses to satisfy the request, the defense attorney may file a complaint addressed to the head of the investigation.

NOTE. The sentence can be revised towards tougher only in cases where it is subsequently discovered that the defendant distorted or deliberately concealed important information that significantly affects the course of the trial.

How to make a petition

The document is drawn up according to general rules - you can ask a lawyer or investigator for a sample. The application must provide the following information:

1. Full name of the official (prosecutor) to whom the petition is submitted.
2. Personal data of the applicant.
3. A detailed description of the crime committed.
4. Link to the article of the Criminal Code of the Russian Federation under which the acts were classified.
5. An indication of how the applicant can be useful to the investigation.
6. Request to reduce the severity of the sentence.
7. The date the document was compiled and the signature of the originator.

In the text of the statement, the accused must admit guilt in whole or in part. Repentance for what you have done is also necessary. You can expect your application to be granted if the citizen agrees to expose his accomplices by talking about the role of each of them in the commission of the crime.