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Plea Bargain

Student: Dunaeva Aleksandra

Supervisor: Sergey Pashin

Faculty: Faculty of Law

Educational Programme: Jurisprudence (Bachelor)

Year of Graduation: 2016

The topic of the research devoted to quite modern legal institute of Russian criminal procedure law – plea bargain. The general purposes of this project – describe this institution and elements of it and demonstrate advantages and disadvantages of the plea bargain. In the work used several methods, including landmark and representative surveys. Problem statement. The aim of the study is the analysis of this institution and forming elements. Also in the project showed the differences of plea bargain in foreign countries and indicate factors, which deteriorates the mechanism of agreement. The objection of the study is legal regulation of plea bargain in Russian criminal procedure law and comparative analysis of the plea agreement in different legal system. The methodological basis of research made General scientific dialectical method of cognition. Also in the course of the study were structured interviews, which identified the advantages and disadvantages of pre-trial agreement on cooperation. In the research were analyzed 9 criminal cases, that concluded plea bargain. Results achieved. The research shows influence of plea bargain on increasing detection crimes, which committed by organized criminal group. Nowadays, approximately 20 % of corruption crime (as bribery, misfeasance) investigates through the plea agreement. Sometimes judges are not interested in reduction of punishment according to the plea bargain. Also the research determines legal precedents show that defendants, who were concluded the bargain, had heaviest punishment, that offender, who was refused to sign an agreement. That's why author of the job recommends to amend articles in Criminal procedure Code, that regulate: right and obligation of the prosecutor in plea bargain; appraisal criteria of performance of the agreement;grounds for avoidance of the bargain; explanation of rights and duties defendant

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