THE INFORMATION LETTER OF THE SUPREME SPECIALIZED COURT OF UKRAINE ON CONSIDERATION OF CIVIL AND CRIMINAL CASES OF UKRAINE

of April 5, 2013 No. 223-558/0/4-13

About amendment to the information letter of the Supreme specialized court of Ukraine on consideration of civil and criminal cases of 15.11.2012 No. 223-1679/0/4-12 "About some questions of implementation of criminal proceedings based on agreements"

Due to the need of explanation of short stories of the Criminal Procedure Code of Ukraine, based on the carried-out analysis of practice of its application and generalization of recommendations of members of Nauchnokonsultativny council of the Supreme specialized court of Ukraine on consideration of civil and criminal cases, for the purpose of identical application and avoidance of ambiguous interpretation of provisions Codes of Criminal Procedure, in particular in case of assignment of punishment when implementing criminal proceedings based on agreements, the trial chamber on criminal cases of VSSU draws the attention of judges of Trial and Appeal Courts to the following.

1. Resolving issue of whether the conciliation agreement is subject to approval by court if the same crime does at the same time harm to the victim and the state or public concerns, it is necessary to consider not only provisions of the p. 3 of Art. 469 of the Code of Criminal Procedure, but also specifics of subject to encroachment and nature of the benefits protected by the penal statute.

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