Contractual Procedures in Pre-Trial Criminal Proceedings: Asian Experience

The criminal procedural legislation regarding the simplification of proceedings and use «contractual» procedures in stage pre-trial investigation a number Asian states (Japan, China, Taiwan, Singapore, Indonesia, Malaysia) has been analysed. It is emphasized that rather conservative many during last decade underwent reforms aimed at optimizing, simplifying speeding up proceedings, including through procedures. established experience applying simplified investigation, particular, attests to granting very broad discretionary powers prosecutors. concluded mostly one form or another involve procedure concluding plea agreement, which must ultimately be reviewed by court, which, depending on state, more less discretion when approving it imposing punishment. Certain have adopted classic approach agreements originated United States (plea bargaining), while others introduced original models. In Japanese model provides for cooperation accused not with respect offense he she committed, but only commission offenses other persons. Instead, several models negotiations between parties are used — without participation judge, judge’s mediation, as well conclusion «Deferred Prosecution Agreement» available legal entities. opinion was expressed Singapore’s implementing system prosecution defence mediation judge («Criminal Case Resolution») interesting from point view possibility implementation Ukraine, elimination contradictions aim quick conflict-free resolution case and, some extent, signs mediation..