An agreement with the prosecutor is neither a surrender nor a case "thrown away". It is a way to know the sentence in advance: the parties agree on the legal classification and a specific penalty, and the court checks only whether the agreement is lawful and voluntary. Below is when such an agreement can be made, what it must contain, what you give up, and how the defence secures a sentence milder than the usual one. With an example from our practice, where the parties agreed on a fine instead of imprisonment.

Two agreements in the Code — and how they differ

The Criminal Procedure Code knows two kinds of agreement. A reconciliation agreement is made with the victim and is possible in cases of criminal misdemeanours, non-serious offences and private prosecution. A plea agreement is made with the prosecutor, and either side may propose it: the prosecutor, or the suspect or accused through their defence counsel.

What follows is about the agreement with the prosecutor — it is the one most often negotiated in criminal cases.

When an agreement with the prosecutor can be made

An agreement is possible in proceedings on criminal misdemeanours, non-serious and serious offences. For corruption offences and especially serious offences the law sets additional conditions — above all, exposing other participants — so there an agreement is an exception rather than an ordinary tool.

If there is a victim in the case, an agreement is allowed only with the victim's written consent, and if there are several victims, with the consent of all of them. This also applies where the victim is a state institution: its representative must likewise consent in writing.

An agreement can be made at any time after notice of suspicion — right up to the moment the court retires to deliberate on the verdict. Proposing one commits you to nothing: if no agreement is reached, the negotiations themselves and what was said during them cannot be treated as an admission of guilt.

What the agreement must contain

The content of the agreement is set by the Code. None of the points is a formality: how the circumstances of the case are worded determines what sentence you can expect.

How a sentence milder than the statutory range is agreed

A prosecutor cannot agree to a penalty the law does not allow. But the law itself provides a tool: if there are several mitigating circumstances that substantially reduce the gravity of the offence, the court may impose a penalty below the minimum or switch to another, milder type of penalty — even one not provided for in the article. This mechanism does not apply to corruption offences and a few other categories expressly listed in the Code.

The usual "compromise" in cases where the article provides for imprisonment is a prison term with release from serving it on probation. The person does not go to prison, but for a probation period of one to three years must report regularly to the probation service and notify it of any change of residence or job, and the court may add other obligations — including not travelling abroad without permission.

A fine is a much milder outcome. It is paid once, within a month after the judgment becomes final, and there is no probation period. A conviction with a fine of up to three thousand tax-free minimum incomes is expunged a year after payment, provided no new offence is committed in that time. For comparison: after probation, only at the end of the probation period.

When the charge covers several articles, a penalty is agreed for each, and the final one is determined for the combination of offences — usually by the more severe penalty absorbing the less severe ones.

How the prosecutor decides whether to agree

The Code names directly what the prosecutor must weigh: how far the suspect assists the investigation into themselves or others, the nature and gravity of the charge, and the public interest in a faster investigation and trial and in uncovering other offences. So negotiations are not a plea for leniency but a set of arguments: compensation, documents about the person, proven service or employment, the court's time saved.

What the court checks — and when it refuses

The agreement is considered at the preparatory hearing, and if it was made during the trial, the court stops the trial and turns to the agreement. Before approving it, the judge personally establishes whether the accused understands that they have the right to a full trial, to remain silent, to cross-examine prosecution witnesses and to present their own evidence — and that they are giving this up. The court separately checks that the agreement is voluntary and not the result of pressure or promises outside its text.

The court refuses to approve the agreement if:

• its terms contradict the law, in particular if the act has been wrongly classified;
• its terms are not in the public interest;
• its terms violate the rights, freedoms or interests of the parties or other persons;
• there are reasonable grounds to believe the agreement was not voluntary;
• the accused will obviously be unable to fulfil the obligations they have undertaken;
• there are no factual grounds for an admission of guilt.

A refusal is not a conviction. The proceedings continue in the ordinary way, and the parties may remove the reasons for refusal and submit the agreement again — but only once.

What the agreement costs you

Appeal. A judgment based on an agreement can be appealed only on narrow grounds: the court imposed a harsher sentence than the one agreed; the judgment was given without your consent to the sentence; the court did not explain your rights and the consequences of the agreement or did not check that it was voluntary. Disputing the facts or the legal classification is no longer possible.

A criminal record. A judgment based on an agreement is a conviction. The criminal record arises and is expunged under the general rules, depending on the type of penalty.

Compliance. If the convicted person does not comply with the agreement, the prosecutor may ask the court to set the judgment aside, and the case is then heard afresh in the ordinary way. Intentional failure to comply with an agreement is a separate criminal offence.

When an agreement is better refused

An agreement is not always the best way out. We advise not to rush if:

• defence counsel has not yet seen the materials the charge rests on;
• key evidence may be ruled inadmissible — for example, the results of covert investigative actions obtained in breach of the rules;
• you are asked to admit a more serious classification than the materials support;
• the agreed penalty is unrealistic to comply with — for example, a fine there is no money to pay.

Frequently asked questions

Can an agreement be made if the case is already in court?

Yes. An agreement can be made at any time after notice of suspicion — until the court retires to deliberate on the verdict. If agreement is reached during the trial, the court stops the proceedings and turns to considering it.

Who should propose the agreement first?

Either side: the prosecutor, or the suspect or accused. In practice the negotiations are conducted by the prosecutor and defence counsel, and a defence proposal backed by documents on mitigating circumstances already gathered has a much better chance of success.

Is the victim's consent needed?

Yes, if there are victims in the case. An agreement with the prosecutor is allowed only with the written consent of all victims — whether the victim is a private person or a state institution.

What happens if the court does not approve the agreement?

The proceedings continue in the ordinary way. The parties may correct whatever led the court to refuse and submit the agreement once more — but only one repeat submission is allowed.

Will I have a criminal record after an agreement?

Yes, a judgment based on an agreement is a conviction. How soon the record is expunged depends on the penalty: for a fine of up to three thousand tax-free minimum incomes, a year after payment; for release on probation, at the end of the probation period — provided no new offence is committed.

When does the fine have to be paid?

Within a month after the judgment becomes final, unless the court allowed payment in instalments. Proof of payment is shown to the probation service at your place of residence.

In short

A plea agreement exchanges the right to a full trial for certainty about the sentence. It can be made in cases of misdemeanours, non-serious and serious offences at any time from notice of suspicion until the court retires to deliberate, and where there are victims, only with their written consent. A penalty milder than the article provides can be agreed if there are several circumstances that substantially mitigate the offence: then a fine becomes realistic instead of imprisonment with probation. The court checks that the agreement is lawful and voluntary and may refuse to approve it. The price of an agreement is narrow grounds of appeal and a conviction. So first the case file and an assessment of the evidence, and only then negotiations.