RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of June 28, 2012 No. 16

About practice of application by courts of special procedure for legal proceedings of criminal cases in case of the conclusion of the pre-judicial agreement on cooperation

Due to the questions which arose at courts on application of regulations of Chapter 40.1 of the Code of Criminal Procedure of the Russian Federation regulating special procedure for legal proceedings of criminal cases in case of the conclusion of the pre-judicial agreement on cooperation and also for the purpose of ensuring unity of court practice the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, Articles 9, 14 Federal constitutional Laws of February 7, 2011 N 1-FKZ "About courts of law in the Russian Federation", decides:

1. Draw the attention of courts that regulations of Chapter 40.1 of the Code of Criminal Procedure of the Russian Federation regulate features not only legal proceedings, but also pre-judicial criminal proceeding. Strict observance of all requirements of this Chapter is the compulsory provision of removal of lawful, reasonable and fair sentence.

During the carrying out legal proceedings and the resolution of sentence concerning the defendant with whom the pre-judicial agreement on cooperation is signed general are subject to observance for all forms of criminal trial the principles of implementation of justice. Lowering of the level of guarantees of the rights and legitimate interests of the participants of legal proceedings established including Chapter 40.1 of the Code of Criminal Procedure of the Russian Federation is inadmissible.

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