What is the difference
What is a special order? In addition to the fact that the time for meetings is reduced and a verdict is passed faster, there are other nuances in the case when the court uses a special procedure:
- The examination in a special order takes place without interrogation of both parties to the criminal case (the perpetrator, the victim), without interrogation of witnesses.
- With this procedure for considering criminal cases, written evidence of the crime committed is not studied.
- How does the case proceed? Usually only one meeting is held to make a decision or sentence.
- The convicted person may receive a shorter sentence compared to the one that would have been assigned to him in a normal trial.
- He also has to pay less legal fees.
But it must be taken into account that it is impossible to appeal a sentence passed when a special procedure is applied (with rare exceptions).
Peculiarities
How does a court hearing proceed when a special procedure for considering a case is applied? The judge must name the defendant, explain his legal rights, and remind him of Article 51 of the State Constitution and Article 314 of the Criminal Code.
Then the judge checks whether there are any statements against the special procedure, because one of the participants in the meeting could change his decision. The indictment is read out
The defendant must confirm that he agrees to plead guilty. If he protests, the trial of the case begins in the usual manner; if not, the state prosecutor gives a characterization of the accused. It is necessary to indicate whether he is registered in psychiatry, narcology, and whether this citizen has any previous criminal records.
The next stage is when a proposal for punishment comes from the prosecutor and a proposal to mitigate it from the defense attorney. Then the criminal speaks with his last word, and the court goes to a meeting. After some time, the verdict is pronounced.
The special procedure involves a quick trial of the case and a more lenient sentence. But this is only possible under certain articles of the crime, with the consent of all parties to the case.
What the defendant needs to know
The criminal's lawyer is obliged to notify his defense lawyer of the possibility of requesting a special procedure for consideration of the case in court, and of the consequences of such an action. First of all, you need to familiarize yourself with Article 314 of the Criminal Code. Before filing a motion, the defendant must confirm to the attorney several times that he understands the process and its consequences.
- When considering a criminal offense in this way, there can be no acquittal, only a guilty verdict.
- It will be possible to appeal the verdict only regarding the punishment.
- The penalty upon conviction is no more than 2/3 of the maximum term. But at the same time, the defendant can receive a number of benefits, which, combined with the term of punishment, make the sentence more lenient.
- When the court considers a case in the usual manner, the defendant also has to pay significant legal costs associated with a certain number of court hearings. With a special procedure, there is only one hearing, there are fewer court costs, and in some cases the defendant is completely exempt from payment.
Petition
A petition to consider a case of a crime in a special manner is made only by the defendant, the guilty party. There is a certain procedure for this matter.
- First you need to familiarize yourself with the criminal case. Every criminal has the right to familiarize himself with his file; it is enshrined in Article 217 of the Code of Criminal Procedure. According to the article, the defendant has the right to familiarize himself, and the defense attorney is obliged to provide him with such an opportunity.
- The lawyer is also obliged to explain to his client all the features of the special consideration procedure and the advantages that it has. The defendant must confirm in writing that he is familiar with the case materials and the possibility of drawing up a petition.
- The perpetrator can also raise the issue of a special procedure at a preliminary hearing. The initiative can come from him or from the court, from the injured party
