Types of court sentences, their parts, drafting and questions under Chapter 39 of the Code of Criminal Procedure of the Russian Federation

Category: Criminal trial.

The law distinguishes between two types of verdicts: guilty and acquittal. The defendant is either found guilty of the crime or acquitted. This means that all questions of the prosecution must be answered categorically in the verdict. The court renders only one verdict in a case, even when one person is charged with multiple charges or when the issue of several accused is being decided in one case. Therefore, the verdict, being a single document, can be acquittal in relation to some accused and the charges brought against them, and acquittal in relation to others.

A guilty verdict is given if the defendant's guilt is proven during the trial. A conviction cannot be based on assumptions (Part 4 of Article 302 of the Code of Criminal Procedure of the Russian Federation). The court pronounces a guilty verdict if he answers unequivocally in the affirmative to all the first four questions of Art. 299 Code of Criminal Procedure of the Russian Federation. A conviction must be based only on evidence examined in court and recognized by the court as reliable.

The exception is the provisions specified in section 10 of the Code of Criminal Procedure of the Russian Federation, which provide for a special procedure for judicial proceedings, the purpose of which is to simplify proceedings in cases of minor and medium gravity in the interests of ensuring the fastest and most effective administration of justice.

The court does not have the right to pronounce a guilty verdict unless all conclusions in defense of the defendant have been verified and refuted and all doubts about his guilt have been eliminated. The previous criminal procedure law established the following rules: if doubts about the proof of the charge could not be eliminated by further examination of the evidence in court or by sending the case for a preliminary investigation, without violating the principle of adversarial law, the court had to pronounce an acquittal. In this case, the court had to be guided by the provision arising from the principle of the presumption of innocence that all doubts should be interpreted in favor of the defendant.

The requirements of the Code of Criminal Procedure of the Russian Federation have become more stringent. In connection with the abolition of the institution of pre-investigation, the court, in all cases provided for by law, must render an acquittal.

Convictions, depending on how they resolve the issue of punishment (Part 5 of Article 302 of the Code of Criminal Procedure of the Russian Federation), can be of three types:

with the imposition of punishment;
with the imposition of a sentence and release from serving it;
without imposing punishment.

A guilty verdict with the imposition of punishment is issued in cases where the court believes that the defendant is subject to punishment for the crime committed and there are no obstacles to its imposition (the statute of limitations has not expired, there are no acts of amnesty). If the sentence imposed by the court is to be served by the convicted person, the court is obliged to determine the type, amount and beginning of the calculation of the sentence.

A guilty verdict is issued with an exemption from serving the sentence (if it is assigned), for example, due to the fact that the convicted person actually served it in connection with the choice of a preventive measure in the form of detention.

It seems that in a verdict of guilty with release from punishment, the court does not always have to initially assign a punishment to the convicted person. He may decide on release from serving the sentence without determining this specific measure. When a guilty verdict is passed with an exemption from punishment, it is necessary to impose a certain penalty only in the case where the application of the amnesty act depends on it.

A guilty verdict without imposing punishment is issued in cases where the court comes to the conclusion that, due to a change in the situation, the act committed by the perpetrator has lost the character of a socially dangerous act or the person has ceased to be socially dangerous. If these grounds exist, the proceedings are often terminated at an earlier stage. But if these circumstances are discovered during the trial or the accused at earlier stages objected to the termination of the case on these grounds, and at the court hearing the accusation was confirmed, the court is obliged to pronounce a guilty verdict and release the defendant from punishment.

An important issue is exemption from criminal liability due to the expiration of the statute of limitations. Art. 78 of the Criminal Code of the Russian Federation states that due to the expiration of the statute of limitations, a person is released from criminal liability, and not from punishment.

Exemption from criminal liability means a decision expressed in an act of a competent state body to release a person who has committed a criminal offense from the obligation to be subject to judicial conviction and undergo measures of state coercive influence and is more favorable for the person brought to criminal liability than the release of this person from punishment .

At the same time, the decision on the issue of exemption from criminal liability due to the expiration of the statute of limitations can be made both at the stage of assigning the case to a hearing in court, and during the trial, if these grounds arose precisely at this time.

A person’s disagreement with his release from criminal liability due to the expiration of the statute of limitations obligated the court to bring the trial to an end and pronounce an acquittal or conviction, but the latter, without imposing punishment, would release the person from punishment.

A person’s disagreement with release from criminal liability due to the expiration of the statute of limitations means that the defendant does not consider himself guilty. Therefore, the question of his guilt must be resolved by a court verdict. However, after the defendant is found guilty by a court verdict, he can no longer be freed from judicial conviction as an integral element of criminal liability. In such a situation, the convicted person can only be released from punishment.

This is exactly how this issue is resolved in the Code of Criminal Procedure of the Russian Federation, where in Art. 24 states that a criminal case cannot be instituted, and the instituted case is subject to termination due to the expiration of the statute of limitations for criminal prosecution.

Termination of the case on this basis is not allowed if the accused objects to this. In this case, the proceedings in the case continue and are completed, if there are grounds for this, by a guilty verdict with the release of the convicted person from punishment.

In cases where the defendant does not deny the crime, the court must, by ruling (ruling), release the person from criminal liability due to the expiration of the statute of limitations and terminate the criminal case in connection with this.

The Code of Criminal Procedure of the Russian Federation does not contain a detailed description of the actions of the court in the event of release from criminal liability in connection with active repentance, in connection with reconciliation with the victim. But Art. 254 of the Code of Criminal Procedure of the Russian Federation instructs the court to terminate criminal cases at a court hearing in these cases as well.

It should be borne in mind that a ruling (decision) to terminate such a case can be made by the court at any time during the court hearing, as soon as sufficient grounds for this have been identified.

Concept, meaning and types of sentences

According to Art. 297 of the Code of Criminal Procedure of the Russian Federation, a verdict is a judicial conclusion to determine the guilt of the accused, assign legal sanctions, and release them. The verdict is passed by the court of first instance or appeal.

A guilty verdict is established if the accused is directly involved in the commission of an offense, confirmed by evidence identified during the preliminary investigation and presented in court at the hearing.

An acquittal is issued if the accused has nothing to do with the offense charged, the act of the accused does not constitute an offense, there is no action of the offense, or the jury has returned a not guilty verdict.

Verdict properties:

Legality. Determined by the form, content, correct use of the criminal law, other laws, and by-laws.
Validity. The result is based on truthful evidence, the elements of the offense and qualifying characteristics are analyzed.
Justice. The criminal case was examined impartially, the rights of the defendant were effectively ensured, a legitimate and reasoned conclusion was made, and the correct punishment was imposed.

A special case

In Russia, acquittals can be made at a hearing with the participation of a jury.
In this case, a special procedure for reviewing such decisions is provided. The verdict may be canceled upon the proposal of the prosecutor or a complaint from the victim (representative of the defense) in the presence of such violations of the Code of Criminal Procedure that limited the participants in the proceedings from presenting evidence or they influenced the essence of the questions posed to the jury and, accordingly, the answers to them.

The cassation authority cannot go beyond these conditions and review decisions based on other circumstances.

Features of drawing up a sentence

The verdict is created in the same language that was used at the trial. The verdict is signed by all judges, including the judge with a dissenting opinion. Amendments to the document are negotiated and certified by the signatures of all arbitrators in the deliberation room before the verdict is announced.

The verdict is divided into three parts: introductory, descriptive-motivational and operative.

The introductory part of the sentence is regulated by Art. 304 Code of Criminal Procedure of the Russian Federation. The date, place of the ruling, the name of the court, the panel that issued the verdict, the secretary, the prosecutor, the lawyer, the victim, the plaintiff, the defendant and their representatives are indicated here. All information relating to the identity of the accused is recorded. There is a reference to the paragraph, part and article of the normative document, according to which the accused is charged with responsibility for the act.

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The acquittal

Consequences of issuing an acquittal:

If a verdict of not guilty is rendered for the reasons specified in clause 1, part 1, art. 24 of the Code of Criminal Procedure of the Russian Federation (absence of a crime) and paragraph 1 of part 1 of Art. 27 of the Code of Criminal Procedure of the Russian Federation (non-involvement of the suspect in the commission of an offense), the court leaves the claim without satisfaction or without consideration. Further consideration of the application in civil proceedings is likely.
If an acquittal is made for the reason provided for in paragraph 1 of part 1 of Art. 27 of the Code of Criminal Procedure of the Russian Federation (non-involvement of the suspect in the commission of an offense) or the accused is unknown, the court returns the criminal case to the head of the investigative body or inquiry body for further investigation to identify the person responsible for the act in question.

Descriptive and motivational part

According to Art. 305 of the Code of Criminal Procedure of the Russian Federation, the descriptive and motivational part of the acquittal verdict must contain:

the essence of the accusation;
conditions of the criminal case outlined by the court;
grounds for justifying the accused, proving facts;
the reasons why the court denies the facts proposed by the prosecutors;
reasons for the conclusion in a civil suit.

The descriptive and motivational part of the acquittal verdict is divided into three parts:

establishing – the essence of the incriminated guilt, facts;
evidentiary – information supporting the final conclusion of the court that the defendant was not involved;
motivation - the grounds according to which the facts supporting the accusation are rejected, as well as the grounds for the conclusion in relation to the civil statement.

The operative part

Each sentence has an operative part. The resolution clarifies all the conclusions reached in the case:

on finding the accused innocent, reasons for acquittal;
on the abolition of the preventive measure;
on the cancellation of measures to confiscate property, on taking measures to compensate for damage;
explanation of compensation for damages related to criminal prosecution.

Assessment of the significance of violations of the Code of Criminal Procedure

In Part 2 of Art. 381 defines the circumstances under which acquittals may be reviewed. In Russia, however, violations not always specified in the norm may lead to the unconditional appointment of a rehearing.

So, for example, if during the proceedings there was a violation of the defendant’s right to the assistance of an interpreter or lawyer, or he was not allowed to participate in the debate, or the last word was not given, the reversal of the sentence will be meaningless. This is due to the fact that formally these circumstances did not worsen the subject’s position or influence the making of an unreasonable, illegal or unfair decision.

Overturning the verdict would turn the hearing into a farce in this case, since the outcome would be predetermined. Review of the decision in this case is possible only if there is a complaint from the subject who has been found innocent and if he does not agree with the conditions for making this decision.

Conviction

What types of convictions are provided for by the Code of Criminal Procedure of the Russian Federation and how do they differ from each other?

The Code defined three types of indictment:

With the appointment of punishment. The court determines the type of sanction, its size, and the beginning of the calculation of the term of imprisonment.
With the assignment of punishment and release from serving it. The court makes this verdict if, at the time of sentencing, the amnesty under the article imputed to the accused began to take effect or the period of pre-trial detention of the guilty person, taking into account the rules for offsetting the punishment, absorbs the time specified in the decision.
No punishment imposed.

Descriptive and motivational part

According to Art. 307 of the Code of Criminal Procedure of the Russian Federation, this part of the verdict states:

description of the action with reference to the place, time, method of execution, form of guilt, motives, goals and consequences of the act;
the facts according to which the court’s conclusion on the accused was approved and the reasons why the court did not accept other arguments;
reference to conditions mitigating and aggravating punishment, or grounds and reasons for changing the charge;
arguments for resolving issues related to a conviction, getting rid of it or serving it, and using other measures of influence.

The descriptive and motivational part of the guilty verdict must contain not only a description of the information of all participants in the process, but also the essence of this information, and, if necessary, their assessment.

The operative part

This part of the verdict is regulated by Art. 308 Code of Criminal Procedure of the Russian Federation.

The following information is required:

surname, name and patronymic of the accused;
a conclusion finding him guilty of committing the act;
clause, part, article of the Criminal Code of the Russian Federation indicating responsibility for the offense of which the citizen was found guilty;
the type and amount of sanctions approved to the perpetrator for each act for which his guilt has been proven;
the final amount of punishment to be served in accordance with Art. 69-72 of the Criminal Code of the Russian Federation;
the type of penitentiary institution where the person sentenced to imprisonment will serve his sentence, the regime of this institution;
the duration of the probationary period during a suspended sentence, the obligations imposed on the convicted person;
conclusion on auxiliary types of sanctions under Art. 45 of the Criminal Code of the Russian Federation;
determination on crediting the time of pre-trial detention specified in paragraph 1 of Part 6 of Art. 105.1 Code of Criminal Procedure of the Russian Federation;
conclusion on the preventive measure regarding the accused before the judicial act enters into legal force;
conclusion on the plan of movement of the sentenced person to the place of imprisonment, if the punishment is deprivation of liberty in a colony settlement;
restrictions of freedom applied to the accused;
when the offender is charged under several articles, the resolution indicates for which of them the convicted person is acquitted and for which he is subject to punishment.

The resolution contains an explanation of the method and time of its protest, the rights of the convicted person, who was acquitted, to file a petition to participate in the proceedings of the criminal case by the court of appeal.

Important! The final punishment for the totality of sentences in the form of imprisonment cannot exceed 30 years, except for the moments specified in Part 5 of Art. 56 of the Criminal Code of the Russian Federation (according to the totality of sentences - no more than 35 years).

Lack of proof of participation

An acquittal is accepted if an unlawful act has been established, but the materials examined during the proceedings exclude or do not confirm its commission by the accused subject.

The authorized person is guided by the same circumstance even when the available evidence is insufficient to make a reliable conclusion about the guilt of a citizen, and the possibility of collecting information to confirm involvement in the act, both during the trial and during an additional investigation, is objectively excluded. The subject, thus, exercises his right to a public release from liability without any red tape.

As judicial practice shows, an acquittal in such situations is often not accepted. And the materials are returned for additional investigation. In this case, the persecution subsequently ceases. As mentioned above, it is not possible to collect information disproving the non-involvement of the subject either in court or during an additional investigation.

Such actions are a deviation from the principles of procedural law. The release of the subject also occurs in cases where the court comes to the conclusion that the act was committed by another person. In this regard, after the decision comes into force, the materials are sent to the prosecutor. He, in turn, takes measures to identify the subject to be brought to trial as an accused.

Penalties

The imposed fine without installment payment must be paid before the expiration of 60 days from the date of entry into force of the judicial act.

When the convicted person cannot immediately pay the fine, the court, at his request, applies an installment plan in the form of a fine for up to five years.

A convicted person to whom sanctions have been applied in the form of a fine with installment payment, as well as in respect of whom the court has adopted an act on installment payment of the fine, are required to pay the specified part of the fine within 60 days from the date the act came into force. The remaining installments must be paid each month no later than the end day of each subsequent month.

Classification

In Art. 309 of the Code of Criminal Procedure provides for two types of final decisions on the act in question: conviction and acquittal. All questions in the decision must have a categorical answer.

The subject acting as a defendant is either found guilty or acquitted. The authorized person makes only one decision. This rule also applies to cases where several charges are brought against one person at the same time or the crimes of several persons are considered as part of the proceedings.

Also read: What does a private court ruling in a criminal case mean?

In this regard, the verdict as a single document can be acquittal for some citizens and acquittal for others. In one act, punishment may be imposed on some, and the release of others may be decreed.

Appealing court decisions

Only acts that have not entered into legal force can be appealed through the appeal procedure.

Any participant in the judicial proceedings has the right to file an appeal to the extent that the appealed court decision affects his rights and legitimate interests. A civil plaintiff, civil defendant or their representatives have the right to appeal a court decision insofar as it relates to the civil application.

An appeal, submission against a verdict, or other decision of the court of first instance can be filed within 10 days from the date of the ruling or other decision. For a convicted person in custody, the same period is established from the moment a copy of the verdict is handed over to him.

Attention! Having filed an appeal, a citizen can withdraw it before the hearing of the court of second instance.

The appellate court checks the legality, validity and fairness of the judicial act of the first instance court, taking into account the arguments of the appeals and presentations.