New institute of the Russian law – pre-trial cooperation agreement

The Criminal Code of the Russian Federation and the Criminal Procedural Code of the Russian Federation have been provided with amendments concerning mostly implementation of a new institute in the Russian law - pre-trial cooperation agreement concluded by and between a prosecutor and a suspect or a defendant after a criminal case has been initiated.

This agreement shall be concluded based on a petition of a suspect or a defendant filed to a prosecutor via an investigator before it is announced that preliminary investigation has been finished.
In this petition a suspect or a defendant shall indicate what actions he is to undertake in order to assist investigators in disclosure and investigation of a crime, accusation and criminal prosecution of other participators in a crime, search for property obtained in a criminal way.

Thus, pre-trial cooperation agreement shall presume that a suspect or a defendant takes certain actions which later will be qualified as mitigating circumstances and taken into account when awarding a punishment.

In this case for a suspect or a defendant conclusion of the said agreement shall be more advantageous than a usual assistance to investigators as in case there are mitigating circumstances and there is no such agreement, the amount of penalty cannot exceed two thirds of a maximum term or an amount (if there is an agreement – half of an amount ).