Ukraine
is a negotiated punitive measure and consent of the parties for sentencing thereof. Considering that
as a sanction, confiscation of property is the only punitive measure under the legislation of Ukraine, it can
also be one of the conditions of procedural agreement. At the same time, possibility of application of special
confiscation on the basis of such agreement causes doubt, because list of its elements set forth in Articles
471 and 472 of the Criminal Procedure Code of Ukraine is formed exhaustively and there is no reference to
such measure.
The law of Ukraine strictly limits categories of crime the procedural agreement can be concluded under. For
example, plea agreements can be concluded under the proceedings for: 1) misdemeanour offences, minor or
medium-gravity offences, as well as grave offences; 2) particularly serious crimes, which fall under the
competence of the National Anti-Corruption Bureau of Ukraine (NABU) provided for the suspect or the
accused person to find out other person committing crime, which falls under the competence of NABU, if
such information would be substantiated; 3) particularly serious crimes committed by a group of people in
different form provided for such suspect or accused person to find out criminal actions of other members of
the group, if such information is substantiated (part 4 of Article 469 of the Criminal Procedure Code). In the
same way as in Georgia, conviction based on procedural agreement in Ukraine may further serve as a ground
for application of civil conviction-based confiscation.
In accordance with Articles 245 and 248 of the Criminal Procedure Code of
Estonia
, the prosecutor, the
accused person or his or her defender can reach and conclude procedural agreement that can include a clause
on the assets subject to confiscation. Given that such agreement is subject to judicial control, it is further
being submitted to the court that based thereon passes judgment on conviction of the accused person and
imposing sanctions negotiated in the agreement, including the conditions of confiscation of property as well.
Article 314 of the Criminal Procedure Code of
Serbia
explicitly stipulates agreement between the prosecutor
and the accused person on the proceeds of crime subject to confiscation from the accused person upon the
results of conviction as one of the elements of a procedural agreement between them. Similar approach is
applied in Article 360 of the Criminal Procedure Code of
Croatia
as well, according to which one of the
elements of the procedural agreement is a statement of the accused person on his or her acceptance of the
proposal of the prosecutor on imposing an enforcement measure and confiscation of the proceeds of crime.
Article 301 of the Criminal Procedure Code of
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