Settlement Agreement in Criminal Proceedings

A settlement agreement in criminal proceedings is not simply a matter of ‘reaching an agreement and moving on’. It is a procedural document approved by the court, with clear consequences for both parties: the defendant admits guilt and makes restitution, whilst the victim agrees to the agreed sentence.

The main restriction is that reconciliation is not possible in every case. It is permitted only in proceedings concerning criminal offences, minor offences and cases of private prosecution. In cases involving serious and particularly serious offences (with the exceptions set out in law), a settlement is not possible, regardless of the amount of money offered.

Therefore, the first question to ask during a consultation is not ‘how to reach a settlement’, but whether the law permits a settlement in your case.

+38 095 554-54-24 — legal consultation

What does a settlement offer the accused

• an agreed sentence — the severity of which is determined by the parties, rather than being left to the court’s discretion;
• a real opportunity to avoid imprisonment — often, a non-custodial sentence is agreed;
• a swift resolution of the case — without months of court proceedings;
• less damage to reputation — the process does not drag on for years.

The cost: you plead guilty and make full compensation for the damage. It is almost impossible to appeal against a sentence based on a plea bargain — which is precisely why you must not enter into one without assessing the strength of the prosecution’s case.

If the evidence is weak and there is a realistic prospect of acquittal, the plea bargain is a gift to the prosecutor.

What does a plea agreement offer the victim?

Here, the logic is the opposite, and it is purely financial.

• money now — compensation is a condition of the agreement, and without it the court will not approve it;
• documented and guaranteed — unlike a writ of execution following a verdict;
• without years of enforcement proceedings against a person who ‘has no assets’.

Compare the two scenarios: under a settlement, you receive full compensation now; under a court judgement — a writ of execution and years of enforcement proceedings, during which the convicted person is officially unemployed and has no assets. Furthermore, the court may impose a non-custodial sentence, without your consent — meaning you will receive neither money nor ‘justice’.

We are not trying to persuade you to agree. We are presenting the actual figures — the decision is yours.

Conditions without which the agreement will not be approved

The court reviews the agreement and refuses to approve it if:

• the terms contravene the law — the agreed penalty does not correspond to the sanction set out in the relevant section;
• the damage has not been compensated or a clear procedure for its compensation has not been established;
• the agreement was concluded not voluntarily — under pressure, threats or deception;
• the rights of other victims or third parties have been infringed;
• there are no factual grounds for an admission of guilt — that is, a person is being pressured to admit to something they did not do;
• the case does not fall within the category in which settlement is permitted.

Therefore, a ‘verbal agreement’ is not sufficient: the agreement must be drawn up in such a way that the court will approve it. An incorrectly drafted agreement means wasted time and a compromised negotiating position.

What the parties agree on

• the wording of the suspicion or charge and the legal classification;
• the material facts of the case;
• the amount of damages and the timeframe for their compensation;
• the agreed penalty and the parties’ consent to its imposition;
• the consequences of concluding the agreement and of failing to fulfil its terms.

Failure to comply with the agreement has consequences: if the defendant has not compensated for the damage as agreed, the sentence based on the agreement may be quashed and the proceedings resumed.

The role of the lawyer: each party has its own

For the defendant:

• to assess the strength of the case against you — whether it might be more advantageous to contest the charges;
• to secure the minimum agreed penalty;
• to realistically assess the amount of compensation you are able to pay;
• to draft the agreement in such a way that the court will approve it.

For the victim:

• calculate the full damages — financial, non-pecuniary, medical expenses, and loss of earnings. To underestimate the amount at this stage is to lose it forever;
• ensure genuine guarantees of payment, not just promises;
• compare the scenarios: a settlement versus a conviction and enforcement proceedings.

The very same settlement may be advantageous for one party and disastrous for the other — it all depends on who drafted it.

When it is not worth entering into a settlement

For the accused: if the evidence is weak, there are procedural irregularities, or there is a realistic prospect of the charge being reclassified or the case being dismissed. A guilty plea will close off all these avenues for good.

To the victim: if the amount offered does not cover the actual damage, and the defendant has assets from which the full amount can be recovered through the courts.

We will be honest with you when a plea bargain is the worst possible option.

Cost of services

Full price list · Assistance for victims

Questions and answers (Settlement agreement in criminal proceedings)

In which cases is a settlement agreement possible?

In proceedings concerning criminal offences, minor offences and cases of private prosecution. In cases involving serious and particularly serious offences, a settlement is, as a general rule, not possible.

Does entering into a settlement mean that I am admitting guilt?

Yes. And that is precisely why you should not enter into one without first assessing the strength of the case against you: it is almost impossible to appeal against a sentence based on a settlement.

Is it possible to avoid a custodial sentence under a plea bargain?

Often, yes: the parties agree on a sentence, and this may not involve imprisonment. However, the final decision rests with the court — it checks that the plea bargain complies with the law.

What does the victim receive?

Full compensation for damages — and this is a mandatory condition: without it, the court will not approve the plea bargain. The main advantage is receiving the money now, rather than a writ of execution and years of debt recovery.

Can the court refuse to approve the agreement?

Yes — if the terms contravene the law, the damages have not been compensated, the agreement was not entered into voluntarily, the rights of third parties have been infringed, or there are no factual grounds for a finding of guilt.

What happens if the defendant fails to fulfil the agreement?

A sentence based on the agreement may be quashed, and the proceedings resumed. It is therefore important for the victim to secure real guarantees of payment, rather than mere promises.

When is an agreement disadvantageous to the defendant?

When the evidence is weak, there are procedural irregularities, or there is a realistic prospect of the charge being reclassified or the case being dismissed. A guilty plea closes off all these avenues.

When is a plea bargain disadvantageous to the victim?

When the proposed sum does not cover the actual damage, and the defendant has assets from which the full amount can be recovered through the courts.

What documents should you bring to the consultation?

The notice of suspicion or indictment, documents relating to the damage (medical records, receipts, valuation reports), and any proposals from the other party, if these have already been received.

Contacting a lawyer at Svarog regarding a settlement agreement

Before agreeing to a settlement, do the maths. We’ll set out both scenarios in figures: what you stand to gain (or lose) under a settlement and what you’d face under a court judgement. The very same settlement can be a lifesaver for one party and a disaster for the other — it all depends on who drafted it.

+38 095 554-54-24 · Kyiv, 7 Khoriva Street (Podil) · Mon–Fri 9.00–18.00