The Verkhovna Rada has broadly supported draft law No. 12039, which proposes amendments to the Criminal Code and the Criminal Procedure Code aimed at improving the regulation of plea agreements in criminal proceedings concerning corruption. A total of 263 lawmakers voted in favor of the bill, while 251 parliamentarians supported its urgent signing. This information was reported by MPs Yaroslav Zheleznyak and Iryna Herashchenko on Tuesday, October 29.
As explained by Zheleznyak, the draft law introduces a new article that allows for a reduced prison sentence in cases of cooperation with the investigation through the disclosure of accomplices and compensation for damages. For instance, a five-year prison sentence instead of eight.
Corrupt officials who agree to a plea deal with the prosecutor will face an additional penalty in the form of a fine. The amount will be determined by the court:
Additionally, in such cases, the court will be able to confiscate the corrupt official's property if this type of punishment is agreed upon. This tool cannot generally be applied to the organizers of schemes, except in cases where such an organizer exposes another organizer.
In situations involving less serious crimes, and if they do not involve large schemes without accomplices, a defendant who fully compensates the damages and pays the fine may receive a reduced sentence and could also face confiscation.
It is also proposed to add a provision stating that until the judges retire to the deliberation room, the parties to the plea agreement have the right to amend or conclude a new one, added Iryna Herashchenko.
As noted by the deputies, the approved text received support from the SAP and NABU, and it also aligns with Ukraine's international obligations. According to MP Yaroslav Zheleznyak, it is essential to sign the draft law by October 31 to access four billion euros under the Ukraine Facility Plan.
Law on plea agreements: what is known
On July 18, 2024, the Verkhovna Rada voted in the first reading for the controversial draft law No. 11340 on plea agreements in cases of corruption crimes. It was reported that the draft law would allow officials suspected of corruption to pay fines for criminal offenses. The decision was made despite warnings from anti-corruption bodies about the potential risks related to bribery. Following media coverage and discussions on social networks, lawmakers who voted for the draft began to apologize and stated they would propose amendments. The draft law never made it to the second reading in the Verkhovna Rada.
Subsequently, Ukraine was supposed to adopt a new draft law No. 12039 on plea agreements during the third quarter of 2024, but the document only passed the first reading on October 9. As reported by hromadske, the Ministry of Foreign Affairs stated that Ukraine risks not receiving four billion euros in aid from the European Union this year due to missing the promised deadline for adopting the plea agreement draft law. Therefore, to secure funding this year, Ukraine must urgently approve the law and ensure it comes into effect by the end of October.