Section X. SPECIAL PROCEEDINGS

The special procedure for considering a criminal case is a kind of criminal “simplification”. The procedure is accelerated due to the fact that many actions related to the need for competition between the prosecution and defense remain outside the scope of the proceedings.

Adversarialism disappears because the accused admits his guilt or begins to cooperate with the investigation. And although the law seems to accommodate those who promote justice, is such consideration really beneficial for the accused himself?

The facts and thoughts presented in the article will definitely help you understand what the special procedure for considering criminal cases is. Perhaps they will even help you figure out whether this is necessary in your particular case.

However, each case is individual, and when resolving this issue you should be guided by the advice of an experienced lawyer and, ultimately, by your own head. If you have not yet found a specialist who will defend you in court, we recommend that you do so as soon as possible.

Special procedure for considering a criminal case: what is it?

The criminal process involves competition between the prosecution and defense. The goal is to find out whether the defendant is guilty of a specific crime.

This is one of the differences from civil proceedings: the latter may not be adversarial (writ proceedings), and it does not matter here whether you are really guilty or not. If you want to satisfy the plaintiff’s demands, even if you simply don’t want to argue, please, no one will interfere.

In legal proceedings regulated by the rules of the Code of Criminal Procedure, this is not the case: if you plead guilty, voluntarily taking on someone else’s guilt, the court will not pronounce a guilty verdict, not being sure of the fairness of such a decision. That is, the goal here is not to resolve the dispute, but rather to get to the bottom of the truth and assign a fair verdict (ideally).

Knowing this, it is easier to understand the phenomenon of the special procedure for considering a criminal case in the court of first instance, established in 2009 by Section 10 of the Criminal Procedure Code.

It is assumed that there are 2 procedures for entering into such proceedings: the consent of the accused with the charge brought against him and the conclusion of a pre-trial agreement on cooperation between the defense and prosecution (Chapters 40 and 40.1 of the Code of Criminal Procedure, respectively).

But the principle is the same: the accused admits his guilt (directly or indirectly, as in the case of a pre-trial agreement) in exchange for some mitigation of the sentence, which significantly facilitates and speeds up the work of the court and the burden on the judicial system as a whole.

The court does not delve into the details of the case, does not examine evidence and circumstances (except, for example, those that characterize the personality of the accused), since the parties refuse to compete.

That is why the consent of each party involved is important here. A special procedure in criminal cases does not apply to minors due to their incapacity. Also, in both cases, the defendant is exempt from paying court costs. To better understand how one procedure differs from another, we will consider each separately.

What cases are most often considered in special proceedings?

Sometimes the court considers cases of so-called special proceedings, when a specific defendant is absent, that is, there is no dispute regarding the violated right. The procedure for considering such cases is regulated by Art. 262 Code of Civil Procedure of the Russian Federation. Typically, issues in the following areas of jurisprudence are considered.

1. Adoption of a child.
2. Establishment of a legally significant factor.
3. Recognition of full legal capacity (emancipation) of a citizen who has not reached the age of majority.
4. Recognition of a citizen after trial:

• or unknown absent;
• or dead;
• or “resurrected.”

• Declaring a person incompetent.
• Partial restriction of the legal capacity of a person who cannot independently solve his problems.
• Deprivation of a citizen aged 14-18 years of the right to dispose of income at his own discretion.
• Restoration of the right to dispose:
• order valuable documents;
• papers to bearer (meaning calling proceedings).

• forced psychiatric examination;
• sending to a psychiatric hospital.

This is not a complete list of cases studied during special proceedings. Other problems identified in Part 2 of Art. may also be considered here. 262 Code of Civil Procedure of the Russian Federation.

Special procedure due to the accused’s admission of guilt

The special procedure for considering a criminal case due to the accused’s admission of guilt is regulated by Articles 314–317 of the Code of Criminal Procedure. Such consideration is available exclusively at the initiative of the defendant, which is logical. However, it is not always possible to admit your guilt and ask for a special procedure.

The Code of Criminal Procedure states that for this to happen, the crime with which the person is accused should not be classified as particularly serious. The wording of Article 314 does not concern the category of the crime, but the maximum possible sentence for it - 10 years. And this category includes crimes of minor gravity, moderate gravity and serious ones, according to Article 15 of the Criminal Code of the Russian Federation.

The second condition is the presence of consent to the transition to this order of the prosecution: the state prosecutor (prosecutor), the victim and the private prosecutor, who is the victim in cases of private and private-public prosecution (this can be slander, violence, beatings, bodily harm without loss to the victim ability to work and others).

And the legislator especially emphasized: the accused must take this step voluntarily, after consulting with his defense attorney, and must be aware of the nature and consequences of his petition.

And the consequences of such a petition are serious: a conviction. This is the only outcome for a criminal case, which is considered in a special manner. It would seem that you can appeal. But the scope of appeal is significantly narrowed: you will not be able to challenge the court’s conclusions based on factual circumstances, and in fact, you will not be able to change the verdict of guilty to acquittal.

Available grounds for appeal in an appeal under Article 389.15 of the Code of Criminal Procedure: violation by the judge of the rules of the Code of Criminal Procedure, incorrect application of the rules of the Criminal Code, imposition of an unfair sentence. This means that you can potentially only get a reduced sentence, but nothing more.

It is important to note here that the court, having reasonable suspicions of the innocence of the accused, can cancel the special procedure for considering a criminal case and move on to a general one. The latter, in turn, has at least two possible outcomes: a conviction or an acquittal.

The court will also deny a request for a special procedure if the special conditions set out above are not met. Replacement with the general order occurs not only at the initiative of the court, but also at the request of the accused himself, the prosecutor or the victim (that is, before the verdict is passed, you can change your mind).

The petition is submitted during familiarization with the case materials, which will be noted in the protocol of the procedure, or during the preliminary hearing, if it cannot be done without it (rules of Article 229 of the Code of Criminal Procedure).

If they begin to consider a case in a special order, then they take the general order as a basis and change it slightly.

Firstly, consideration without the accused and his defense attorney is not allowed. The procedure for the meeting is as follows:

• the accusation is announced (by the prosecutor or private prosecutor);
• the judge finds out whether the defendant understands the charge, whether he agrees with it, whether he wants to move to a special procedure, whether he understands what this will mean for him;
• aggravating and mitigating circumstances are examined, as well as those that make it possible to determine the personal qualities of the defendant (although they may not be examined);
• a guilty verdict is pronounced and the right to appeal is explained - only if no one objects and the court has enough evidence of the person’s guilt.

Many defendants who agree to a special procedure in a criminal case make this choice based on the fact that judges in this case do not have the right to impose more than two-thirds of the punishment (term, fine, etc.). However, is this really something worth admitting guilt for?

Practice shows that judges relatively rarely impose sentences exceeding two-thirds of the maximum; defense lawyers usually manage to achieve mitigation. Therefore, in this context, this is a very dubious advantage of the procedure.

And against the backdrop of the disadvantages - the issuance of an exclusively guilty verdict and the impossibility of changing it to an acquittal through appellate review - it is all the more worthwhile to think everything over very carefully.

It is advisable to make a decision to initiate such a procedure when you are guilty, plus there are many aggravating circumstances and you are facing a concrete sentence of a long sentence.

What is comprehensive legal support?

1. Initial qualified legal advice on special proceedings.
2. Legal advice on a specific case.
3. Assessment of the situation and prospects for legal proceedings. Determination of tactics suitable for conducting a given business.
4. Drawing up an application according to all the rules.
5. Assistance in collecting documents that will be required in the legal process.
6. Providing a package of documents for consideration:

• in a court;
• in another state organ

No competent and honest lawyer can guarantee 100% success. However, the client can be confident that a highly qualified civil lawyer will do everything possible to ensure that his employer's claim is satisfied.

Sample statements of claim

If you want to prepare and submit an application to the court yourself, and are confident in your abilities and knowledge, we are giving you a gift - free samples of statements of claim to the court on the most common problems that arise for our clients. These samples are used for template situations and do not imply an integrated approach, which is needed in the case of complex situations and non-standard problems.

However, if you are sure that your problem is simple and trivial, you can use a template statement of claim to the court, or an application to government agencies. Our lawyers have prepared samples for you that will definitely be accepted by a court or government agency. Determine the category of your claim, use our convenient scheme to find a claim related to your problem and download it to your computer for free.

If you have any questions or difficulties in preparing a statement of claim, you can call the phone number or write on WhatsApp to make an appointment with a lawyer. We are always ready to help.

Alimony

Statement of claim for arrears of alimony Statement of claim for penalty for alimony Statement of claim for recalculation of the amount of alimony Statement of claim for divorce, division of property and collection of alimony Statement of claim for alimony for an adult child Statement of claim for alimony for the maintenance of a former spouse Statement of claim for exemption from payment alimony arrears Statement of claim for an increase in the amount of alimony Statement of claim for a reduction in the amount of alimony Statement of claim for the cancellation of alimony Statement of claim for the division of alimony Statement of claim in a fixed sum of money Statement of claim for the recovery of alimony for parents Statement of claim for the recovery of alimony without registering a marriage Statement of claim for recovery child support Statement of claim for alimony without divorce

Rent

Statement of claim for termination of the lease agreement and collection of rent

Seizure of property

Statement of claim for the release of property from seizure

Reinstatement

Statement of claim for reinstatement and compensation for moral damages

Compensation for harm

Statement of claim for compensation for harm caused to a citizen

Move-in/Check-out

Statement of claim for moving into residential premises Counter-claim for moving in Statement of claim for eviction from a hostel Statement of claim for eviction of tenants, temporary residents Statement of claim for eviction of a cohabitant Statement of claim for eviction Claim for eviction without the provision of other living quarters

Children

Statement of claim for the recovery of funds for child support Statement of claim for raising a child Statement of claim for restoration of parental rights Statement of claim for deprivation of parental rights Statement of claim for the procedure for participation in raising a child Statement of claim for the division of children Statement of claim for permission to leave the child abroad Statement of claim on restriction of parental rights Statement of claim to determine the child’s place of residence Statement of claim to challenge paternity Statement of claim to cancel adoption Statement of claim to establish paternity Statement of claim to remove obstacles in communication with the child

Compensation for harm

Statement of claim for compensation for harm caused to a citizen Statement of claim for compensation for moral damage

Agreement

Statement of claim for termination of contract

Debt, indebtedness

Statement of claim for collection of debt under a loan agreement Statement of claim for collection of debt under a loan agreement Statement of claim for collection of arrears of rent Response to the statement of claim for collection of debt

Living space

Claim for recognition as having lost the right to use residential premises Claim for recognition as having lost the right to use an apartment Claim for determining the procedure for using residential premises Statement of claim for allocating a share in an apartment Statement of claim for recognizing those in need of improved housing conditions Statement of claim for providing separate living space Statement of claim for determining the procedure use of an apartment Statement of claim to eliminate obstacles to the use of residential premises

Will

Statement of claim for invalidation of a will Statement of claim for invalidation of a will and certificate of inheritance

Bay

Claim for compensation for damage caused by flooding of an apartment Statement of claim for flooding of an apartment

Salary

Statement of claim for recovery of wages Statement of claim for recovery of salary and monetary compensation for delayed salary Statement of claim for recovery of salary upon dismissal

Reclamation

Statement of claim for recovery of property from someone else's illegal possession

To the developer

Statement of claim against the developer

Incapacity

Statement of claim for recognition as incompetent

Penalty

Statement of claim for the recovery of a penalty in connection with violation of the terms of work Statement of claim for the recovery of a penalty in connection with the delay in fulfilling an obligation under the contract Statement of claim for the recovery of a penalty for violation of the deadline for transferring rental payments

Enrichment

Claim for unjust enrichment

Redevelopment

Statement of claim for redevelopment of residential premises Statement of claim for preservation of the premises in a redeveloped state

Construction

Statement of claim for recognition of ownership of an unauthorized building Statement of claim for demolition of an unauthorized building

Consumer

Statement of claim for the protection of consumer rights and recovery of moral damages Statement of claim for termination of the sales contract Statement of claim for termination of the contract, collection of penalties and compensation for damages Statement of claim for the exchange of defective goods

Ownership

Statement of claim for recognition of ownership rights by inheritance Statement of claim for recognition of ownership rights by way of privatization Statement of claim for state registration of transfer of ownership Statement of claim for ownership of a house Statement of claim for ownership of an apartment Statement of claim for recognition of ownership of a building Statement of claim o recognition of ownership of a plot Statement of claim for recognition of ownership of a car Statement of claim for recognition of ownership of a garage Statement of claim for recognition of ownership of a share of an apartment Statement of claim for recognition of ownership of a claim Statement of claim for recognition of ownership of real estate

Prize

Statement of claim for recovery of unpaid premium

Privatization

Statement of claim for recognition of the right to privatize residential premises Statement of claim for invalidation of a transaction regarding the privatization of residential premises Statement of claim for division of a privatized apartment

Employer

Statement of claim for the recovery of a non-issued work book and other documents upon dismissal

Divorce

Claim for compensation for damage after a marriage was declared invalid Claim for recognition of a marriage as invalid because the spouses are in another marriage Claim for recognition of a marriage as invalid due to a venereal disease Statement of claim for the invalidity of a marriage entered into without consent Statement of claim for the recognition of a divorce as invalid Statement of claim for recognition of a fictitious marriage as invalid Statement of claim application for dissolution of marriage and division of property Statement of claim for dissolution of marriage, divorce Statement of claim for dissolution of marriage, division of property and collection of alimony

Regression

Statement of claim for recovery by way of recourse

Spouse support

Claim for spousal support

Labor Relations

Statement of claim for the conclusion of an employment contract Statement of claim for recognition of the relationship as an employment relationship

Dismissal

Statement of claim for declaring illegal dismissal from the police Statement of claim for declaring illegal dismissal of a military personnel Statement of claim for declaring illegal dismissal from internal affairs bodies

Removing Obstacles

Statement of claim to remove obstacles to the use of property

Damage

Statement of claim for recovery of moral damage Statement of claim for recovery of material damage from an employee Statement of claim for recovery of damage caused to a car Statement of claim for recovery of damage caused to minors Statement of claim for compensation for damage caused by flooding of apartments Statement of claim for compensation of damage caused to property Statement of claim for compensation for damage caused by a crime Statement of claim for compensation for damage caused by fire Response to a statement of claim for compensation for damage

Who has the right to submit amendments and when?

When applying for protection of violated rights, the question sometimes arises: is it possible to make an addition to the statement of claim when it is already being considered by the court?
The procedural law gives such an opportunity to the plaintiff (Article 35, Article 39 of the Code of Civil Procedure of the Russian Federation, Article 41, Article 49 of the Arbitration Procedure Code of the Russian Federation, Article 46 of the Code of Arbitration Procedures of the Russian Federation). The exercise of the right to supplement a statement of claim in civil proceedings is carried out in two forms.

The first is due to the norms of Art. 35 of the Code of Civil Procedure of the Russian Federation, which provide for the following opportunities for the parties to a dispute: to file motions, present their arguments on the circumstances of the case, and object to the arguments of other participants. The initiator of such actions can be either the plaintiff himself or the judge, who has the right at the stage of preparing the case to propose adding evidence to the grounds of the claim (clause 2, part 1, article 150 of the Code of Civil Procedure of the Russian Federation).

In additional explanations, the plaintiff has the right to reject the defendant’s allegations and attach new documents.

The second form is more complex. It is enshrined in Art. 39 of the Code of Civil Procedure of the Russian Federation and allows you to change the subject or basis of the claim, reduce or increase its size.

A sample addition to an application to the court to increase the amount of claims will help you understand how to make such changes during the consideration of the case.

Any changes and clarifications on the claim are filed during the consideration of the case according to the rules of the trial court before the final decision is made.

Are you going to court? Study court decisions on similar cases. The database of judicial practice in ConsultantPlus will help you find them (get free access to it by clicking on the link below). The database contains decisions of all Russian courts, and the search is as simple as in Yandex. Be sure to refer in the text of the claim to those cases that the court decided “in your” favor.

Procedure for considering the case

If all conditions are met and the case is assigned in a special order, then the trial looks like this:

• the judge establishes the identity of the defendant, once again explaining the rights provided for in Art. 51 of the Constitution of the Russian Federation, Article 314 of the Code of Criminal Procedure of the Russian Federation, etc.;
• the judge re-establishes whether there are any applications to terminate special proceedings and transfer to general proceedings (perhaps one of the participants objects);
• the public prosecutor reads out the indictment;
• the judge clarifies the position of the accused - whether he admits guilt, if yes - the trial continues, if not - they move to the general procedure with a postponement of consideration for 5 days;
• the state prosecutor reads out the characteristics of the accused - whether he is registered in narcology, psychiatry, whether he has been convicted before, information about his children, marital status, etc. is reported;
• debates between the parties are held, where the public prosecutor proposes his punishment, and the defense asks for mitigation;
• The last word of the defendant is heard, the court retires to the deliberation room to pronounce the verdict.

As you can see, the trial process is quite fast: experts, witnesses, witnesses, victims are not called, material evidence is not examined, examinations are not examined, etc.

Section X. SPECIAL PROCEEDINGS

RUSSIAN FEDERATION

CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

PART THREE. JUDICIAL PROCEEDINGS

Section X. SPECIAL PROCEEDINGS

On the application by courts of a special procedure for the trial of criminal cases, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 5, 2006 N 60.

Chapter 40. SPECIAL PROCEDURE FOR MAKING A COURT DECISION

WHEN THE ACCUSED AGREES WITH THE CHARGES PICKED UP ON HIM

Article 314. Grounds for applying a special procedure for making a court decision

1. The accused has the right, with the consent of the public or private prosecutor and the victim, to declare agreement with the charge brought against him and to petition for a verdict without a trial in criminal cases for crimes for which the punishment, provided for by the Criminal Code of the Russian Federation, does not exceed 10 years of imprisonment freedom.

(as amended by Federal Law dated July 4, 2003 N 92-FZ)

2. In the case provided for in part one of this article, the court has the right to pronounce a sentence without conducting a trial in the general manner, if it is satisfied that:

1) the accused is aware of the nature and consequences of his petition;

2) the petition was submitted voluntarily and after consultation with the defense lawyer.

3. If the court determines that the conditions provided for in parts one and two of this article, under which the accused filed a motion, are not met, then it decides to schedule a trial in the general manner.

4. If the public or private prosecutor and (or) the victim objects to the petition filed by the accused, then the criminal case is considered in accordance with the general procedure.

Article 315. Procedure for filing a petition

1. The accused makes a request for a sentence without a trial in connection with the agreement with the charge brought in the presence of a defense lawyer. If the defense attorney is not invited by the defendant himself, his legal representative, or other persons on their behalf, then the participation of the defense attorney in this case must be ensured by the court.

2. The accused has the right to file a petition:

1) at the time of familiarization with the materials of the criminal case, about which a corresponding entry is made in the protocol of familiarization with the materials of the criminal case in accordance with part two of Article 218 of this Code;

2) at a preliminary hearing, when it is mandatory in accordance with Article 229 of this Code.

Article 316. Procedure for holding a court hearing and passing a verdict

(as amended by Federal Law dated July 4, 2003 N 92-FZ)

1. A court hearing at the request of the defendant to pronounce a sentence without a trial in connection with agreement with the charge brought is held in the manner established by Chapters 35, 36, 38 and 39 of this Code, taking into account the requirements of this article.

2. The court hearing is held with the mandatory participation of the defendant and his defense attorney.

3. Consideration of the defendant’s request for a verdict without a trial begins with the presentation of the charge brought against the defendant by the state prosecutor, and in criminal cases of private prosecution - with the presentation of the charge by the private prosecutor.

4. The judge asks the defendant whether he understands the charges, whether he agrees with the charges and whether he supports his petition for a verdict without a trial, whether this petition was submitted voluntarily and after consultation with a defense lawyer, whether he understands the consequences of a verdict without a trial . When the victim participates in the court hearing, the judge ascertains his attitude to the defendant’s petition.

5. The judge does not conduct a general examination and assessment of evidence collected in a criminal case. In this case, circumstances characterizing the personality of the defendant, and circumstances mitigating and aggravating the punishment can be examined.

6. If the defendant, public or private prosecutor, or victim objects to the sentencing without a trial or on his own initiative, the judge makes a decision to terminate the special procedure of the trial and order the consideration of the criminal case in the general procedure.

7. If the judge comes to the conclusion that the accusation agreed with by the defendant is justified and supported by evidence collected in the criminal case, then he will pronounce a guilty verdict and assign the defendant a punishment that cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed.

8. The descriptive and motivational part of the guilty verdict must contain a description of the criminal act, the charge of which the defendant agreed to, as well as the court’s conclusions about compliance with the conditions of the verdict without a trial. The judge's analysis of the evidence and its assessment are not reflected in the verdict.

By Federal Law of December 29, 2010 N 433-FZ, from January 1, 2013, in part nine of Article 316, the words “Chapter 43” will be replaced by the words “Chapter 45.1”.

9. After pronouncing the verdict, the judge explains to the parties the right and procedure for appealing it, provided for in Chapter 43 of this Code.

10. Procedural costs provided for in Article 131 of this Code are not subject to recovery from the defendant.

By Federal Law of December 29, 2010 N 433-FZ, from January 1, 2013, Article 317 will be stated in a new wording.

Article 317. Limits of appealing a sentence

A sentence passed in accordance with Article 316 of this Code cannot be appealed through the appellate and cassation procedures on the grounds provided for in paragraph 1 of Article 379 of this Code.

Chapter 40.1. SPECIAL PROCEDURE FOR MAKING A COURT DECISION

WHEN CONCLUSING A PRE-TRIAL COOPERATION AGREEMENT

(introduced by Federal Law dated June 29, 2009 N 141-FZ)

Article 317.1. The procedure for filing a petition for concluding a pre-trial cooperation agreement

1. A request to conclude a pre-trial agreement on cooperation is submitted by the suspect or accused in writing to the prosecutor. This petition is also signed by the defense attorney. If the defense attorney is not invited by the suspect or accused himself, his legal representative, or on behalf of the suspect or accused by other persons, then the participation of the defense attorney is ensured by the investigator.

2. A suspect or accused has the right to file a petition to conclude a pre-trial cooperation agreement from the moment the criminal prosecution begins until the announcement of the end of the preliminary investigation. In this petition, the suspect or accused indicates what actions he undertakes to perform in order to assist the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime.

3. A request to conclude a pre-trial agreement on cooperation is submitted to the prosecutor by the suspect or accused, his defense attorney through the investigator. The investigator, having received the said petition, within three days from the moment of its receipt, either forwards it to the prosecutor along with a reasoned resolution agreed upon with the head of the investigative body to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused, or issues a resolution to refuse satisfaction petitions for concluding a pre-trial cooperation agreement.

4. The investigator’s decision to refuse to satisfy a request to conclude a pre-trial agreement on cooperation can be appealed by the suspect or accused, his defense attorney to the head of the investigative body.

Article 317.2. The procedure for considering a request to conclude a pre-trial cooperation agreement

1. The prosecutor shall consider the petition for concluding a pre-trial cooperation agreement and the investigator’s decision to initiate a petition to the prosecutor for concluding a pre-trial cooperation agreement with the suspect or accused within three days from the moment of its receipt. Based on the results of the consideration, the prosecutor makes one of the following decisions:

1) to satisfy the request to conclude a pre-trial cooperation agreement;

2) to refuse to satisfy the request to conclude a pre-trial cooperation agreement.

2. A decision to refuse to satisfy a request to conclude a pre-trial agreement on cooperation may be appealed by the investigator, suspect or accused, or his defense attorney to a higher prosecutor.

Article 317.3. The procedure for drawing up a pre-trial cooperation agreement

1. The prosecutor, having adopted a resolution to satisfy the request to conclude a pre-trial agreement on cooperation, invites the investigator, the suspect or accused and his defense attorney. With their participation, the prosecutor draws up a pre-trial cooperation agreement.

2. The pre-trial cooperation agreement must indicate:

1) date and place of its preparation;

2) an official of the prosecutor's office entering into an agreement on the part of the prosecution;

3) last name, first name and patronymic of the suspect or accused entering into an agreement on the part of the defense, date and place of his birth;

4) a description of the crime indicating the time, place of its commission, as well as other circumstances subject to proof in accordance with paragraphs 1 - 4 of part one of Article 73 of this Code;

5) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime;

6) actions that the suspect or accused undertakes to perform when he fulfills the obligations specified in the pre-trial cooperation agreement;

7) mitigating circumstances and norms of criminal law that can be applied to the suspect or accused if the latter complies with the conditions and fulfills the obligations specified in the pre-trial cooperation agreement.

3. A pre-trial cooperation agreement is signed by the prosecutor, the suspect or accused, and his defense attorney.

Article 317.4. Conducting a preliminary investigation against a suspect or accused with whom a pre-trial cooperation agreement has been concluded

1. A preliminary investigation into a criminal case separated into separate proceedings in accordance with paragraph 4 of part one of Article 154 of this Code in relation to a suspect or accused with whom a pre-trial cooperation agreement has been concluded is carried out in the manner established by Chapters 22 - 27 and 30 of this Code, taking into account the features provided for in this article.

2. A petition to conclude a pre-trial cooperation agreement, an investigator’s resolution to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with a suspect or accused, a prosecutor’s resolution to satisfy a request to conclude a pre-trial cooperation agreement, a pre-trial cooperation agreement are attached to the criminal case.

3. In the event of a threat to the safety of a suspect or accused with whom a pre-trial agreement on cooperation has been concluded, his close relatives, relatives and close persons, the investigator shall issue a resolution to store the documents specified in part two of this article in a sealed envelope.

4. After the completion of the preliminary investigation, the criminal case, in the manner established by Article 220 of this Code, is sent to the prosecutor for approval of the indictment and issuing a statement on the accused’s compliance with the conditions and fulfillment of the obligations stipulated by the pre-trial cooperation agreement concluded with him.

Article 317.5. Prosecutor's submission on a special procedure for holding a court hearing and making a court decision in a criminal case against an accused person with whom a pre-trial cooperation agreement has been concluded

1. The prosecutor, in the manner and within the time limits established by Article 221 of this Code, considers the criminal case received from the investigator against the accused with whom a pre-trial cooperation agreement has been concluded, as well as materials confirming the accused’s compliance with the conditions and fulfillment of the obligations provided for in this agreement, and if the indictment is approved, issues a proposal on the special procedure for holding a court hearing and making a court decision in this criminal case. The submission indicates:

1) the nature and extent of the accused’s assistance to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the importance of cooperation with the accused for solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

3) crimes or criminal cases discovered or initiated as a result of cooperation with the accused;

4) the degree of threat to personal safety to which the accused, his close relatives, relatives and close persons were exposed as a result of cooperation with the prosecution.

2. In the submission, the prosecutor also certifies the completeness and truthfulness of the information provided by the accused when he fulfills the obligations stipulated by the pre-trial cooperation agreement concluded with him.

3. A copy of the presentation made by the prosecutor is handed over to the accused and his defense attorney, who have the right to present their comments, which are taken into account by the prosecutor if there are grounds for doing so.

4. No later than three days from the moment the accused and his defense attorney familiarize themselves with the presentation, the prosecutor sends the criminal case and the presentation to the court.

Article 317.6. Grounds for applying a special procedure for holding a court hearing and making a court decision in a criminal case against an accused person with whom a pre-trial cooperation agreement has been concluded

1. The basis for the court to consider the issue of a special procedure for holding a court hearing and making a court decision in a criminal case in relation to an accused person with whom a pre-trial cooperation agreement has been concluded is a criminal case received by the court with the presentation of the prosecutor specified in Article 317.5 of this Code.

2. A special procedure for holding a court hearing and making a court decision in a criminal case against an accused with whom a pre-trial cooperation agreement has been concluded is applied if the court is satisfied that:

1) the state prosecutor confirmed the active assistance of the accused to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the pre-trial cooperation agreement was concluded voluntarily and with the participation of a defense lawyer.

3. If the court determines that the conditions provided for in parts one and two of this article are not met, then it makes a decision to schedule a trial in accordance with the general procedure.

4. The provisions of this chapter do not apply if the assistance of the suspect or accused to the investigation consisted only in reporting information about his own participation in criminal activity.

Article 317.7. The procedure for holding a court hearing and sentencing a defendant with whom a pre-trial cooperation agreement has been concluded

1. The court hearing and sentencing against the defendant, with whom a pre-trial cooperation agreement has been concluded, are carried out in the manner established by Article 316 of this Code, taking into account the requirements of this article.

2. The court hearing is held with the mandatory participation of the defendant and his defense attorney.

3. The court hearing begins with the state prosecutor presenting the charges brought against the defendant, after which the state prosecutor confirms the defendant’s assistance in the investigation, and also explains to the court what exactly it was.

4. In this case, the following should be investigated:

1) the nature and extent of the defendant’s assistance to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the importance of cooperation with the defendant for solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

3) crimes or criminal cases discovered or initiated as a result of cooperation with the defendant;

4) the degree of threat to personal safety to which the defendant, his close relatives, relatives and close associates were exposed as a result of cooperation with the prosecution;

5) circumstances characterizing the personality of the defendant, and circumstances mitigating and aggravating the punishment.

5. The judge, having made sure that the defendant has met all the conditions and fulfilled all the obligations stipulated by the pre-trial cooperation agreement concluded with him, makes a guilty verdict and, taking into account the provisions of parts two and four of Article 62 of the Criminal Code of the Russian Federation, assigns a punishment to the defendant. At the discretion of the court, the defendant, taking into account the provisions of Articles 64, 73 and 80.1 of the Criminal Code of the Russian Federation, may be given a more lenient punishment than provided for the crime, a suspended sentence, or he may be released from serving the sentence.

6. The descriptive and motivational part of the conviction must contain a description of the criminal act of which the defendant is accused, as well as the court’s conclusions about the defendant’s compliance with the conditions and fulfillment of the obligations stipulated by the pre-trial cooperation agreement concluded with him.

By Federal Law of December 29, 2010 N 433-FZ, from January 1, 2013, in part seven of Article 317.7, the words “Chapter 43” will be replaced by the words “Chapter 45.1”.

7. After pronouncing the verdict, the judge explains to the parties the right and procedure for appealing it, provided for in Chapter 43 of this Code.

Article 317.8. Review of a sentence passed against a defendant with whom a pre-trial cooperation agreement has been concluded

If, after sentencing the defendant in accordance with the provisions of this chapter, it is discovered that he deliberately provided false information or deliberately concealed any significant information from the investigation, then the sentence is subject to review in the manner prescribed by Section XV of this Code.

Article 317.9. Security measures applied to a suspect or accused with whom a pre-trial cooperation agreement has been concluded

1. If it is necessary to ensure the safety of a suspect or accused with whom a pre-trial agreement on cooperation has been concluded, his close relatives, relatives and close persons, security measures provided for in Article 11 and paragraph 4 of part two of Article 241 of this Code are applied.

2. A suspect or accused with whom a pre-trial cooperation agreement has been concluded shall be subject to all measures of state protection of victims, witnesses and other participants in criminal proceedings provided for by federal law.