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CONCLUSION PRE COOPERATION AGREEMENT IN CRIMINAL CASES OF ORGANIZATION CRIMINAL COMMUNITY (CRIMINAL ORGANIZATION)

Kolovorotny A.A. 1 Rezvan A.P. 1
1 FGKOU VPO Volgograd Academy of the Ministry of Interior of Russia
Pre-trial cooperation agreement aimed at strengthening the fight against organized crime, extends the use of the rules of criminal law and criminal procedure law in combating and investigation of criminal networks. The law defines the nature and extent of participation of the suspect (accused) in the detection and investigation of crimes. In fact, the defense has information and their actions to facilitate the investigation, in exchange for the prosecutor, under Art. 317.5 Code of Criminal Procedure, which is the basis for application of the special order of the court session and creates the conditions for leniency. If the information proved to be false or not relevant to the investigation or the accused refuses to be bound by the agreement, then the prosecution has the right to not fulfill the terms of the agreement, although set in the circumstances of this agreement may be evidence in a criminal case. Despite the two-sided nature of the agreement, any obligation to the prosecution is not there. Therefore, the prosecution in any case, has nothing to lose from such cooperation, which explains the need to create conditions for investigators to enter into such agreements on cooperation for the purpose of detection and investigation of crimes.