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HOW pass sentence in court

How to pass sentence in court

The verdict in the court hearing shall be madethe presiding judge in the form of the document, which registers the order of examination of evidence, their sequence, the results of the questioning of persons involved in the case and punishment.

The document shall be made public in the courtroom and obligatory for execution within 10 days from the date of issuance.

instructions

1

Pass judgment based on law, it ismust be reasonable, fair. Document constitutes guided evidential base obtained during the trial. If the sentence is imposed unreasonably, it is illegal and can be challenged in a higher court. It must be consistently presented all the evidence, information confirming the conclusions of the court, and to refute them.

2

Reflect in the verdict and why you refute information yl acknowledge them. This is reflected in a convincing explanation for the correctness of the document contained in the judicial decisions and conclusions.

3

Observe the legal requirements in terms of preparationsentence. He decreed in the deliberation room. The judge can take a break during the working day, but do not have the right to disclose information, which became known to him during the trial, as well as in the discussion and resolution of the sentence.

4

Answer questions that have value, etc.sentencing. Is it wine, whether there are circumstances mitigating or aggravating the punishment, what kind of punishment should be imposed, whether subject to the satisfaction of a claim for moral, material compensation for damages if the act took place, whether the defendant is guilty and proved and others. All answers referee gives on the basis of inner conviction, based on research materials of the case.

5

Consider the use of coercivemedical measures, if in the course of the proceedings it became clear that the person suffers from a mental illness or alcoholism. Please note that if a person was sanity at the time of committing the crime, otherwise, have to resume the judicial investigation, re-interview all the participants to conduct forensic examinations and a lot more, and then assign a forensic psychiatric examination.

6

Decide acquittal or convictionyou will make. Unless the offense or it is not involved in the defendant, as well as, if not constitute a crime, is acquitted. The conviction is imposed only in the case of unconditional confidence in the person's guilt. It can be with the appointment nakzanaiya, without it, to sentence and release him from serving.

7

Include an introductory document,descriptive and reasoning of the operative. Use the technical means at his writing, you can write with a ballpoint pen. Be sure to put a signature at the end of the document. Component of it on the tongue, which was conducted pleadings, corrections shall be specified and certified by all the judges who were present in the conference room at the time of even having a dissenting opinion.

8

Specify in the introductory part of the time and placedrawing, name of the court, and other information. The latter include the information about the identity of the defendant, the positive characteristics, criminal record, the application of penalties in the past, the treatment in the mental hospital, etc. In the narrative of the circumstances set out all of the charges, if there are grounds for acquittal or conviction. It can also point out the motives of the decision taken in respect of a civil action.

9

Note that the operative part mustalso contain information on the identity of the defendant, the decision on punishment, preventive measure and an explanation for damages. Here we describe the findings on the evidence in the case, the place of storage or transmission order persons who have participated in the process. Explain the procedure for appealing against the sides of the document, where and in what instances they can do it. Stipulate the terms prescribed by the law and the consequences of such a decision. Usually the sentence magistrates can be appealed in the court of cassation court, federal judges - to appeal and appeal. The highest court is the Supreme Court.

10

Announces the verdict in the courtroom,listen to him always standing. Be sure to proclaim it fully. If one of the participants do not speak the language in which the written document, you can invite an interpreter. Within five days after the verdict, the participants can get up and read them in the courtroom.

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