Procedural order of the trial. Criminal trial system

Main stages of the criminal process

In criminal proceedings, there are several stages of trial. They are all involved to comply with the rules and procedural formalities involved. To identify the composition and main signs of a crime, specialists use the following steps:

1. Introduction. This option opens the door to research work. Within their framework, the court will highlight the subsequent essence of each action and answer a number of basic questions that need to be clarified.
2. Litigation . They are considered the key moment of the proceedings, as it involves speaking and presenting the necessary evidence. It will be necessary to repeat investigative actions after the court's decision. The investigation in this case begins from the moment of presentation to the defendant himself. Then evidence is provided. The basic order can be determined by one party. The parties may invite eyewitnesses and specialists who could confirm their own position.
3. Independent stages . A debate arises between the parties, or the opinion of the perpetrator is reflected as interconnected matters. Debate - a defensive speech by a lawyer, an accused. At this stage, all parties will sum up what has been said. The main positions are immediately clarified, they ask the court about the need to make any decision.
4. The verdict is the final moment of the trial. It is proclaimed in the courtroom.

Preparation for consideration

This stage considers preparation for litigation, checking the attendance of the main participants, and resolving the raised issue of the need to continue the meeting:

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1. In the presented stage, the judge opens the hearing and announces that the case is subject to mandatory trial.
2. The court secretary reports who is present and who, on the contrary, decided not to appear at the hearing.
3. The bailiffs or the secretary must remove the witnesses and then invite everyone one by one to testify. The bailiffs will have to make sure that the witnesses who testified do not talk to each other.
4. The judge will have to establish the identity of the accused by asking for initials, date of birth and other important information.
5. The judge must announce all participants in the litigation. The judge will explain to the participants their rights and the opportunity to challenge.
6. The judge should inquire whether the participants have a request to call other witnesses or specialists who can provide information in the evidence base.
7. At the final stage, the judge gives permission to the question from the participants themselves. If necessary, the judge may postpone the hearing to another time.

Judicial investigation

Investigative proceedings, as one of the stages of litigation, occupy the main place. At this stage, participants can state their own positions on the presented case, and accordingly can present evidence. Interested parties can also invite and question eyewitnesses in the case under consideration; they can give evidence, but with the permission of the judicial representative.

Before the interrogation of the parties begins, the judge must clarify the relationship between the parties, explain their personal rights, obligations and warn that the participants do not forget about criminal liability for any refusal to give or provide false testimony. Eyewitnesses will be called one at a time and may remain in the courtroom after questioning. The defendant will be questioned first.

If leading questions are raised, anything that is not relevant to the case, then the judge automatically removes them. After the judicial interrogation, the question will be asked by the court. Young citizens under the age of fourteen, and by court decision up to eighteen years, can only be questioned with the participation of a legal representative.

Replies, pleadings and the last word of the defendant, as part of the process

The initial stage of this point is indicated by verbal confirmations of the main positions. If before the litigation, the lawyer constantly rejected the possibility of matching the charges or the identity of the ward, then it is during the legal proceedings that he can request that the prosecutor reclassify the charges. There are no regulations for carrying out this procedure; if the speaker deviates from the main question, the floor will be transferred to another speaker.

At this stage, participants will highlight one of the most important schemes:

• analysis of the evidence base presented by one or another opponent;
• coverage of violations of rights and procedural standards, both at the initial stage of initiating proceedings and during the completion of the identified stage;
• the parties often characterize important circumstances examined by the court;
• assessment of qualifications, as well as the presence or absence of the main signs of a criminal act;
• the character of the accused is assessed;
• personal opinion about the likelihood of punishment or release of the parties;
• assessment of the danger to society, or the deed may be of insignificant nature.

In the practice of scientists, such actions are considered different stages of the judicial process. Each item has completely different goals. But the legislator combines all these procedures into a single article, therefore these actions are considered interrelated.

The listed actions draw a line between the previously listed stages. The parties will only have to wait for the judge from the courtroom and listen to the verdict.

Ruling and sentence

The court considers the verdict in the deliberation room. The verdict will be announced only at the court hearing.

1. When pronouncing a verdict in the conference room, the court will decide the main issues that will be indicated in Art. 299 Code of Criminal Procedure of the Russian Federation. In the future, the court will prepare a text for issuing a verdict, which will consist of three parts: introductory, description, and operative. The latest version of the sentence will indicate the same procedure for appealing the court verdict.
2. The verdict will be pronounced at the court hearing on behalf of the state. The verdict will be heard standing.
3. At the time of the acquittal, or sentence, no prison sentence will follow. The accused who is in custody is immediately released.

"JUSTICE and SECURITY"

The presented procedure for conducting a trial allows you to reliably track, analyze or predict the course of events that occurred, are occurring, or will occur at the court hearing.

1. The presiding judge, on the appointed day and time, opens the court session and announces which particular criminal case is to be tried. 2. The attendance of all persons summoned to the court session is mandatory checked, and the report of the secretary of the court session on the appearance of persons who must participate in the court session, and his report on the reasons for the non-appearance of absent persons, if any, is heard. 3. The presiding judge asks the witnesses to leave the courtroom until they are called. 4. The identity of the defendant and the fact of timely delivery of a copy of the indictment to him is established (a copy of the indictment must be served no later than 7 (seven) days before the start of the trial, of which there must be a receipt in the case in accordance with Part 2 of Art. 233 Code of Criminal Procedure of the Russian Federation). 5. The composition of the court is announced. 6. The right to challenge the composition of the court or any of the judges is explained to all participants in the process. 7. The presiding judge finds out whether the participants in the criminal process have any challenges. Challenges to the court or judges, as well as to the prosecutor, court secretary, translator, expert, specialist, defense lawyer, representatives of the victim, civil plaintiff, civil defendant are resolved in the deliberation room in accordance with Art. 65, 66 and 68-72 of the Code of Criminal Procedure of the Russian Federation. 8. The presiding judge familiarizes the participants in the criminal process with the rules of the court session provided for in Art. 257 Code of Criminal Procedure of the Russian Federation. 9. The defendant is explained his rights under Art. 47 Code of Criminal Procedure of the Russian Federation. 10. The legal representative of a minor defendant is explained the rights provided for in Art. 428 Code of Criminal Procedure of the Russian Federation. 11. The injured party, in addition, is explained the right to reconciliation with the defendant accused of committing crimes of minor and medium gravity, if the defendant has made amends for the harm caused. 12. The presiding judge determines whether the civil plaintiff supports the civil claim filed by him during the investigation. 13. If the civil plaintiff abandons the civil claim, the court explains that abandonment of the civil claim entails the termination of proceedings on it. 14. The rights and responsibilities provided for in Art. are explained to the civil defendant or his representative. 54 Code of Criminal Procedure of the Russian Federation. 15. Consideration by the court of applications and petitions. 16. Consideration by the court of the issue of the possibility of trial. 17. The presiding judge listens to the opinions of the parties on the possibility of trial in the absence of a participant in criminal proceedings who has not appeared.

18. Judicial investigation: 18.1. The state prosecutor (prosecutor) announces the charge brought against the defendant (Part 1 of Article 273 of the Code of Criminal Procedure of the Russian Federation). 18.2. The presiding judge asks the defendant (Part 2 of Article 273 of the Code of Criminal Procedure of the Russian Federation): a) whether he understands the charge brought against him; b) whether he pleads guilty; c) whether he or his defense attorney wishes to express his attitude to the charges brought against him.

19. The procedure for examining evidence will be determined (Article 274 of the Code of Criminal Procedure of the Russian Federation). 20. The presiding judge announces the examination of evidence. 21. Interrogation of the defendant (Article 275 of the Code of Criminal Procedure of the Russian Federation). 22. Interrogation of the injured party (carried out according to the rules for interrogating a witness: the identity is established, the relationship to the defendant is clarified) (Articles 277-279 of the Code of Criminal Procedure of the Russian Federation). The injured party is explained its rights, duties and responsibilities, in accordance with Art. 56 Code of Criminal Procedure of the Russian Federation. 23. Interrogation of a witness (Article 278 of the Code of Criminal Procedure of the Russian Federation) (the identity of the witness is established, his relationship to the defendant and the victim is clarified). The witness is explained his rights, duties and responsibilities under Art. 56 Code of Criminal Procedure of the Russian Federation. 24. Addition to the judicial investigation (Article 291 of the Code of Criminal Procedure of the Russian Federation) (the submitted petitions are discussed, a decision is made, the necessary investigative actions are carried out). 25. The judicial investigation is declared completed. 26. Judicial debates (Content and order of debates of the parties, Article 292 of the Code of Criminal Procedure of the Russian Federation). 27. Replies (Part 6 of Article 292 of the Code of Criminal Procedure of the Russian Federation). 28. The defendant is given the last word of the defendant (provided in accordance with Article 293 of the Code of Criminal Procedure of the Russian Federation and cannot be limited in time). 29. The court announces the removal to the deliberation room to pronounce the verdict and announces the time of its announcement (Article 295 of the Code of Criminal Procedure of the Russian Federation).

Having studied the presented procedure for conducting a trial within the framework of the Criminal Procedure Code of the Russian Federation, you have the opportunity to prepare certain steps for defense or attack, which may subsequently play a decisive role in the sentencing.

Author: Kurilov E.V.

Is it possible for the parties to reach a settlement in a criminal case?

A settlement agreement is an unusual and quite flexible instrument for effectively conducting regulation between parties of various kinds. A settlement agreement is a conciliatory action. At the same time, a number of events will be carried out, which will contribute to the mandatory reconciliation of individuals and the mandatory observance of their mutual interests.

A settlement agreement cannot carry obligations of pre-trial or out-of-court regulation. This will serve as the only basis for terminating proceedings in the case under consideration, which is subject to mandatory approval by the authorities. This point is regulated by procedural standards.

This stage cannot be concluded even before the filing of a statement of claim by one party. Having resolved the dispute by amicable agreement, the parties to the trial can calmly disperse. Any party may initiate the conclusion of the proceedings.

The final moment of the trial may complete the main stages of the case. The work of the bailiff, prosecutor and defense attorneys ends the moment the judge leaves the courtroom. The sentence immediately comes into effect, the guilty, if the court sentenced him to imprisonment, he is sent straight to the prison corresponding to his punishment.

Judicial investigation

The judicial investigation (Chapter 37 of the Criminal Procedure Code) is the central part of the trial, since it is here that the evidence is examined, which the court will then use to justify the verdict. It begins with the state prosecutor presenting the charge against the defendant, after which the presiding judge asks the defendant whether he understands the charge and whether he pleads guilty.

Procedure for examining evidence

in the judicial investigation, Art. 274 of the Criminal Procedure Code: the prosecution presents evidence to the court first, then the defense. The procedure for examining specific evidence is determined by the party presenting this evidence.

Interrogation of the defendant

If they agree to testify, the defense attorney and other participants in the trial on the defense side begin, then the state prosecutor and other participants in the trial on the prosecution side. The court asks questions to the defendant after he has been questioned by the parties. With the permission of the presiding judge, the defendant has the right to give evidence at any time during the judicial investigation (Articles 274, 275 of the Criminal Procedure Code).

Interrogation of the victim

carried out first by the prosecution, then by the defense. The victim, with the permission of the presiding judge, can testify at any time during the judicial investigation (Article 277 of the Criminal Procedure Code).

Witnesses are being questioned

separately, in the absence of unexamined witnesses. The first to question the witness is the party at whose request he was summoned to the court hearing. The court interrogates the witness after his interrogation by the parties (Article 278 of the Criminal Procedure Code).

If it is necessary to ensure the safety of a witness, his relatives and other close persons, the court, without disclosing the true information about the identity of the witness, has the right to interrogate him without visual observation by other participants in the trial, about which the court issues a ruling or resolution.

If the parties file a justified request for disclosure of information about the person giving testimony in connection with the need to defend the defendant or to establish any circumstances significant for the consideration of the criminal case, the court has the right to provide them with the opportunity to familiarize themselves with the specified materials.

Expert interrogation

who gave an opinion during the preliminary investigation, to clarify or supplement the conclusion given by him, is carried out by the court at the request of the parties or on its own initiative. After the expert's conclusion is announced, he may be asked questions by the parties. In this case, the first question is asked by the party on whose initiative the examination was appointed.

On its own initiative or at the request of the parties, the court may order a forensic examination,

including additional or repeated. Questions for the expert's permission are formulated by the court, taking into account the opinions of the parties (Article 283 of the Criminal Procedure Code).

Inspection of physical evidence

carried out at any time during the judicial investigation at the request of the parties. Persons who are presented with material evidence have the right to draw the court’s attention to circumstances relevant to the case (Article 284 of the Criminal Procedure Code).

Disclosure of investigative protocols and other documents

carried out by a court decision in whole or in part, if they set out or verify circumstances relevant to the case. Protocols and documents are disclosed by the party that requested their disclosure, or by the court (Article 285 of the Criminal Procedure Code).

Documents submitted to the court hearing by the parties or requested by the court may be examined and added to the case by decision of the court.

The court, with the participation of the parties, and, if necessary, with the participation of witnesses, an expert and a specialist, can conduct an inspection of the area and premises.

During the judicial investigation, identification may be presented, an investigative experiment and examination may be carried out (Articles 288–290 of the Criminal Procedure Code).

Upon completion of the examination of the evidence presented by the parties, the presiding officer asks the parties whether they wish to supplement the judicial investigation. If a petition is filed to supplement the judicial investigation, the court discusses and resolves it.

After resolution of the petitions and completion of the necessary judicial actions related to this, the presiding judge declares the judicial investigation over.

The judicial investigation may be resumed if the participants in the debates of the parties or the defendant in the last word report new circumstances that are significant to the case, or declare the need to present new evidence to the court for examination. At the end of the resumed judicial investigation, the court reopens the debate between the parties and gives the defendant the last word (Article 294 of the Criminal Procedure Code).