The verdict in the court session is madePresiding judge in the form of a document that prescribes the procedure for examining evidence, their consistency, the results of interrogation of persons participating in the case and punishment.
The document is subject to disclosure in the courtroom and must be enforced within 10 days from the date of the decision.
Issue a sentence in accordance with the law, heMust be justified, fair. Document based on the evidence base obtained during the judicial investigation. If the verdict is rendered unreasonably, it is illegal and can be challenged in the highest judicial instance. It must consistently set out all the evidence, information that confirms the findings of the court, and refutes them.
Reflect in the verdict and why you refute the information or confirm them. This is expressed in a convincing explanation for the correctness of the judgments and conclusions contained in the document.
Observe the requirements of the law in the compilation ofSentence. He decides in the advisory room. A judge may take a break during the working day, but has no right to disclose information that has become known to him during the judicial investigation, as well as during the discussion and resolution of the sentence.
Answer the questions that are relevantSentencing. Whether the act had taken place, whether the defendant was guilty and whether his guilt was proven, whether there are circumstances mitigating or aggravating the punishment, what kind of punishment should be imposed, whether the claim for moral, material compensation for harm is subject to satisfaction, and others. The judge gives all the answers on the basis of internal conviction, taking into account the materials of the case.
Consider the use of coerciveMeasures of a medical nature, if during the consideration of the case it became clear that the person suffers from a mental disorder or alcoholism. Pay attention to whether the person was made to be at the time of the crime, otherwise, it will be necessary to resume the judicial investigation, re-interview all participants, conduct forensic examinations and much more, and then appoint a forensic psychiatric examination.
Decide, acquittal or convictionYou will endure. If an event of a crime is not established or the defendant is not involved in it, and also, if there is no crime constituent, an acquittal is issued. The indictment shall be imposed only in the case of unconditional assurance of the person's guilt. He can be with the appointment of nakzanaia, without it, with the appointment of punishment and release from his serving.
Include an introductory document,Descriptive-motivating part and resolutive. Use the technical means when writing it, you can write with a ballpoint pen. Be sure to put a signature at the end of the document. Compose it in the language in which the contract was negotiated, corrections must be agreed and certified by all the judges who were present in the meeting room at the time of drafting, even those with a special opinion.
Specify the time and place in the introductory partCompilation, name of the court, other information. The latter include information about the identity of the defendant, positive characteristics, information on criminal records, the use of punishment in the past, treatment in the psychoneurological dispensaries, etc. In the narrative section, describe all the circumstances of the charge, if any, the grounds for acquittal or conviction. Here you can point to the motives of the decision taken in respect of civil action.
Please note that the operative part shouldContain also information about the identity of the defendant, the decision on the measure of punishment, the measure of restraint and the explanation for compensation for harm. Here, describe the conclusions regarding the material evidence in the case, the place of their storage or the procedure for transferring to the persons who participated in the process. Explain to the parties the procedure for appealing the document, where and in what instance they can do it. Describe the terms prescribed in the legislation and the consequences of such a decision. Usually, the verdict of justices of the peace can be appealed in the court of cassation, federal judges - in cassation and appellate. The highest court is the Supreme Court.
Announce the verdict in the courtroom,They listen to him always standing up. Be sure to proclaim it completely. If someone from the participants does not know the language in which the document is written, you can invite an interpreter. Within five days from the date of sentencing, participants can obtain copies and get acquainted with them in the courtroom.