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Legal Encyclopedia. The Letter

The sentence comes into force

- The final stage of the criminal procedure Court. The verdict comes into force after 10 days after the verdict, ie after the expiry of the period during which the sentence may be appealed in cassation (Art. 356 Code of Criminal Procedure). Calculation of the period begins with the following day. Proclamation of the judgment in time is not counted. Term expires in 24 hours of the last day. If the end of the period falls on a working day, the last day shall be the first next working day.

On the basis of Art. 129 of the CPC deadline shall not be considered missed if the complaint or representation before the expiry handed to the post office or transferred to the court which rendered the verdict and handed over to the administration of pre-trial detention.

In the case of missing the deadline for valid reasons, it can be restored by the judge who issued the sentence. Such reasons may

be: the defendant's disease, confirmed by mandatory medical instrument; natural disaster, has not yielded the possibility of timely submission of a complaint, etc.

Refusal of relief may be appealed to the appellate court (Sec. 44 Code of Criminal Procedure).

Participants may appeal the verdict of the criminal proceedings, it is a party in the criminal proceedings, operating on the basis of competition for prosecution (criminal prosecution) or protection. In Art. 354 Code of Criminal Procedure provides an exhaustive list of them: the full appeal the verdict may convicted or acquitted, their defenders and legal representatives, the public prosecutor, the victim or his representative. These parties may bring a complaint against the verdict, and the public prosecutor - an idea.

The outside world judge sentence is subject to appeal in the appeal to the district court. In the verdict the court of appeal cassation appeal may be brought. This sentence comes into force in general

order. Term and procedure for its appeal are identical to appeal the verdict of the trial court.

The verdict, which came into force, shall be executed. Circulation term for execution depends on whether the verdict appealed or not. If the sentence was not appealed, it shall be executed within 3 days from the date of its entry into force.

If convicted in the case were more than one person, and the appeal or cassation representation For some convicts, all the sentence, if it is not canceled, shall enter into force after the appeal hearing.

Appeal verdict for execution by the court does not mean that the sentence is actually carried out. The sentence is considered executed after serving a convicted punishment.

Entered into force verdict becomes binding on all institutions, enterprises, organizations, corporations and individuals.



 
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