Legal encyclopedia. Letter P

PROCEDURAL DOCUMENTS.

In

Time trial is taken a significant number of PD This is a court verdict, a ruling and a ruling, as well as a record of the court session. On issues resolved by the court during the court session, the court issues determinations or decisions that are subject to disclosure in the court session.

There are two ways of making determinations and decisions: the determination or decision to return the criminal case to the prosecutor, the termination of the criminal case, the election, amendment or cancellation of the preventive measure against the defendant, the extension of his detention, the challenge, the appointment of a forensic expert examination In the advisory room and set out in the form of a separate PD, signed by a judge or judges, if the criminal case is considered by the court collegially. All other definitions or decisions, at the discretion of the court, are taken out in the courtroom and

Are subject to recording in the protocol.

The record of the court session can be written by hand, or typed, or made using a computer. Shorthand, as well as technical means, can be used to ensure the completeness of the protocol.

The minutes of the court session must include:

1) the place and date of the meeting, the time of its commencement and termination;

2) what criminal case is being considered;

3) the name and composition of the court, data on the secretary, interpreter, prosecutor, defender, defendant, as well as on the victim, civil plaintiff, civil defendant, their representatives and other persons summoned to court;

4) data on the identity of the defendant and on the restraint chosen for and against it;

5) the actions of the court in the order in which they took place during the court session;

6) statements, objections and petitions of the persons participating in the criminal case;

7) definitions or rulings handed down by the court without removal to the advisory room;

8) definitions or regulations,

Sentenced by the court with removal to the advisory room;

9) information on the explanation of their rights, duties and responsibilities to participants in criminal proceedings;

10) the detailed content of the testimony;

11) questions asked by the interrogated, and their answers;

12) the results of the examinations conducted in the court session and other actions to investigate the evidence;

13) the circumstances that the participants in the criminal proceedings are requested to record in the protocol;

14) the main content of the statements of the parties in the judicial debate and the last word of the defendant;

15) information on the announcement of the verdict and on clarifying the procedure for acquaintance with the record of the court session and making comments on it;

16) information on explaining to the justified and convicted the order and term of appealing the verdict, as well as explaining the right to apply for participation in the consideration of the criminal case by the court of cassation.

The protocol also indicates the measures

Impact taken against a person who violated the order in a court session.

If during the trial photos were taken, audio and / or video recording, filming of interrogations, a note on the record of the court session is made about this. Materials of photographing, audio or video recording, filming are attached to the materials of the criminal case.

The protocol must be prepared and signed by the chairperson and the secretary of the court session within 3 days from the day of the end of the court session. The protocol during the court session can be made in parts, which, like the protocol as a whole, are signed by the chairman and the secretary. At the request of the parties, they may be given the opportunity to familiarize themselves with the parts of the protocol as they are made.

If there is a written request of the party to familiarize himself with the protocol of the court session, the presiding judge provides the opportunity for her to familiarize himself with the protocol within 5 days of signing it. The presiding judge shall have the right to provide an opportunity to familiarize himself with the protocol and other participants in the judicial

Proceedings on their application and in part relating to their testimony. In exceptional cases, the presiding judge may, at the request of the party to the trial, send the time for acquaintance with the protocol. If the participant in the trial obviously delays the time for getting acquainted with the protocol, the presiding judge has the right to

The decree establishes a definite time for familiarization with the protocol.

A copy of the protocol is made at the written request of the party to the trial and at his expense.

The parties have the right to submit comments on the minutes within 3 days. Comments on the minutes are considered by the chairman

Immediately. Based on the results of the consideration of the remarks, the presiding judge shall issue a resolution to certify their correctness or to reject them. Comments on the minutes and the decision of the chairman are attached to the record of the court session.