Procedural agreement: general concept and forms

Abstract

In this article, the authors examined the issues of the new institution of the criminal process as a procedural agreement, namely its concept and procedural form. The institute of procedural agreement shows the development of criminal procedural legislation in a democratic direction, which in its way are aimed at the effectiveness and economy of the criminal procedural legislation.
In this article, the authors, having investigated the world and domestic opinions concerning procedural despondency, try to give their own, author’s opinion of the concept of procedural agreement. Also, the authors examined and disclosed the types of procedural agreement, the specifics of their application and the form of the procedural agreement. In accordance with Article 612 of the Criminal Procedure Code of the Republic of Kazakhstan, it is
possible to conclude two types of procedural agreements: in the form of a plea bargain – for crimes of
small, medium gravity or grave crimes – in the case of the consent of the suspect accused of suspicion
and prosecution; in the form of an agreement on cooperation – for all categories of crimes in facilitating
the disclosure and investigation of crimes committed by a criminal group, especially serious crimes committed
by other persons, as well as extremist and terrorist crimes.
The purpose of this article is to explore the procedural agreement based on theoretical and practical
knowledge already accumulated in this field, as well as the norms of the current CCP, on the basis
of which to develop proposals for improving the criminal procedural legislation and law enforcement
practice.
The relevance of the research topic is conditioned by the fact that in the criminal process the main is
to ensure the right to defend the suspect, accused and defendant, as well as ensuring the efficiency and
economy of the criminal process.
On the basis of analysis, the author analyzes the concept and form of the procedural agreement, and
also conducts an analysis of domestic and international practice.
Key words: procedural agreement, accused, guilt, criminal trial, prosecutor.