PROCEDURAL AGREEMENT IN CRIMINAL COURT PROCEEDINGS: LAW DRAFTING EXPERIENCE OF KAZAKHSTAN

This article discusses a new concept in the criminal court proceedings of the Republic of Kazakhstan - institution of procedural agreements in the form of a plea deal on admission by a suspect (alleged offender, defendant) of his/her guilt in committing a crime, as well as a cooperation agreement with the prosecution authorities. The authors analyze conditions, grounds, procedural and legal mechanism, as well as legal consequences of such agreements, they substantiate proposals on further development of this institution considering law enforcement issues. The issue of sentence legality in terms of plea deal in court is also revealed. Confidentiality of personal data and provision of its safety should be mandatory while executing cooperation agreements. Therefore exemption from criminal responsibility and punishment should be considered as a single option condition. The comparative and legal analysis of the transaction about recognition of fault and active repentance has been carried out, which differ in a number of criminal and legal, and criminal procedure parameters. Procedural legal status of the witness and the testifying person at disclosure and investigation of the crimes has been differentiated, which relate to a subject of the cooperation agreement. When performing conditions of the procedural cooperation agreement the release from criminal liability of the person becomes necessary, both for the crime committed by him, and for a crime in partnership which is a subject of the specified agreement.