Legal Encyclopedia. The letter H

IMMEDIACY.

court

trial built on the basis of the principles of criminal proceedings, most of which are in the stage of getting the most for lnoe manifestation. At the same time mentioned principles governing the operation of all criminal proceedings, can not disclose all the features of the proceedings. This are the general conditions which define the purpose and content of the basic rules of the trial.

Among the general conditions of the trial the law calls especially N., orality, publicity and the immutability of the court composition.

Cases within the jurisdiction of justices of the peace should be treated in a general manner, ie, in the same order, which is set for the courts of first instance. But it must be taken into account peculiarities inherent to proceedings of the magistrate. Also, in cases which should be considered by the court with the participation of jurors, production in the rest of the procedure is carried out in general, but with specific features. Thus, the general conditions of the trial, which are used in all forms of justice, provide N., orality, publicity, the immutability of the court composition, the equality of the parties in the proceedings.

The Court of First Instance all the evidence in a criminal case shall be subject to direct examination. Rule N. means that the court examines the evidence of the accused, victims, witnesses, expert opinions, examining the evidence, read out records and other documents in the course of the trial.

The concept of NN is characterized in that judges receive information about the circumstances relevant to the resolution of the case by personal perception of all the evidence in the hearing, and not by the written materials of the case, and only on the basis of its conclusions on the perception of doing business.

According to Rule N. trial court avoids distortion of reality, the transfer to the court necessary to resolve the case information. In this regard, N. is an essential condition for the proper consideration of the case, establish the events and circumstances of the case, and the issuance of a competent and fair solutions.

The legislation also provides that the court may not, instead of direct perception of the evidence to confine the study and announcement of the written materials of the case in which the subject to study the evidence was recorded during the investigation. This is possible only in cases specified by law, such as the impossibility of direct review by the court of any evidence in the primary source. But then the catechumens materials can be used as the basis of a judgment only after thorough testing and validation in the court session.

On the court the duty not only to directly hear the testimony of witnesses, victims, defendants, as well as to examine and explore the available material and written evidence. Written evidence proving the facts of the case investigated by the court, should also be read, studied and evaluated in conjunction with other evidence discussed in the proceedings. This is confirmed by the fact that the court can not refer in its judgment on evidence that was not disclosed and examined in court.

N. trial basis recognizes the independence of judges, allowing the judge alone to decide on the case.

With Rule N. trial is necessary to consider conditions such as the composition of the immutability of the court proceedings, orality, as well as mandatory attendance of participants at the request of the court process.