Legal encyclopedia. Letter P

SENTENCE

- the decision on innocence or guilt of the defendant and the imposition of punishment on him or on his release from punishment, rendered by the court of the first or appellate instance.

P. - an act ruled by a court on behalf of the Russian Federation, which must be lawful (rendered in compliance with the requirements of the criminal-

Procedural legislation),

(The conclusions drawn in P. correspond to the investigated circumstances of the case) and fair (the imposition of punishment corresponding to the gravity of the crime and the personality of the convicted person).

P. enters into force after the expiration of the established period for his appeal in the appellate or cassation order, after the issuance of the decision or the ruling on the abandonment of the sentence without change or on making any changes to it.

The court issues P. in the advisory room, after hearing the last word

Of the defendant. When the court passes the court, the following issues are resolved:

1) whether there was an act in the commission of which the defendant is accused;

2) Is it proved that the act was committed by the defendant;

3) whether this act is a crime;

4) whether the defendant is guilty;

5) whether the defendant is subject to punishment;

6) whether there are mitigating or aggravating circumstances;

7) what punishment should be imposed;

8) whether there are grounds for the resolution of the PA without the imposition of punishment or exemption from punishment;

9) what type of correctional facility and regime should be determined by the defendant when imposing a sentence in the form of deprivation of liberty;

10) how to deal with physical evidence;

11) on whom, in what amount should be assigned procedural costs;

12) whether compulsory measures of educational or medical influence can be applied;

13) whether to cancel or change the measure

Restraint in respect of the defendant.

The judge, who remained with a special opinion on the decision of P., has the right to put it in writing in the advisory room.

A special opinion is attached to P. and the announcement in the courtroom is not liable.

It is written in the language in which the trial was conducted and signed by all the judges participating in the proceedings. Corrections and amendments to the text of the AP are certified by the signatures of all judges. If the defendant does not know the language on which the proceedings were conducted, he is provided with an interpreter.

After signing P. the presiding judge proclaims P. The persons present in the courtroom, including the composition of the court, listen to the verdict standing.