PLEA OF GUILT IN THE DISCHARGE FROM CRIMINAL LIABILITY AND DISCHARGE IN CONNECTION WITH RECONCILIATION OF THE OFFENDER AND THE VICTIM

Abstract

The article is devoted to a comparative legal analysis of the conditions for discharge from criminal liability / non-imposition of punishment (the requirements of the current Article 46 of the Criminal Code of Ukraine and Part 1 of Article 3.4.1 of the Draft Criminal Code of Ukraine as of 22 February 2026) in cases of reconciliation between the offender and the victim, through the prism of the obligation of a person who has committed a criminal offense to admit guilt in its commission.
It was substantiated that supplementing Part 1 of Article 3.4.1 of the Draft Criminal Code of Ukraine with the condition “pleaded guilty to committing that criminal offence” deserves approval. It was proposed to supplement Article 46 of the Criminal Code of Ukraine with the this provision, as well as to expand its scope to include intentional minor crimes that predominantly infringe upon the private interests of victims, in which the position of the victim should have decisive significance, provided that full compensation for damages or remediation of the harm caused is ensured. Emphasis was placed on the discharge from criminal liability only to accidental, situational, and, in extreme cases, unstable offenders.
Imposing on a person who has committed not only a criminal misdemeanor or a reckless minor crime, but also an intentional minor crime, the obligation to plea of guilt, combined with narrowing the meaning of the term “for the first time” and requiring full compensation for damages or remediation of the harm caused, would allow for a balanced expansion of the scope of Article 46 of the Criminal Code of Ukraine and, consequently, would help save the resources of law enforcement and judicial systems while simultaneously ensuring the protection of victims’ rights in cases of a number of intentional minor crimes in accordance with the principles of humanity and justice.