Legal encyclopedia. Letter P

PREPARATORY PART OF THE JUDICIAL SESSION

- is one of the very first, but at the same time is of great importance for making the right, full and fair decision.

Before the court in this part of the trial is the task to check the availability of the necessary conditions for the conduct of the court session, to determine the range of specific persons who should participate in it, to provide an opportunity to investigate all the necessary evidence in court, to take steps to organize the trial.

At this preparatory stage, the court issues decisions that do not require the study of evidence and determine the further movement of the case, these decisions facilitate the consideration of the case in its subsequent movement, eliminating the obstacles to the implementation of justice.

All the procedural actions that make up P.C. S.Z. can be divided into

Several groups.

These actions are directed:

1) to open a court session and check the appearance of its participants in court;

2) to establish the legality of participation in the proceedings of all its subjects;

3) explaining the rights to the persons participating in the case;

4) to provide the necessary means of proof.

At the appointed time, the presiding judge opens the court session and announces which criminal case is subject to the proceedings. After that, the secretary of the court session reports on the appearance of persons who are to participate in the court session, and reports the reasons for absenteeism.

The persons participating in the case are summoned by the agenda, which indicates: who and in what capacity is summoned, to whom and at what address, the date and time of appearance in court, as well as the consequences of non-appearance without valid reasons. The summons is handed to the person summoned to the court, against receipt or transmitted by means of communication. In the event of a temporary absence of a person summoned to court, the summons is handed to an adult member of his family or to the administration

At the place of his work or on the instructions of the investigator to other persons and organizations who are obliged to transfer the summons to the person summoned to the court. The summoned person is obliged to appear at the appointed time or to notify the court in advance of the reasons for non-appearance.

The next stage of this part of the trial is to explain to the translator his rights and obligations. The presiding officer shall explain to the interpreter his rights and responsibilities, as the translator gives a subscription that is attached to the record of the court session.

After this stage of the preparatory phase, witnesses are removed from the courtroom, i.е. The witnesses who appear before their interrogation are removed from the courtroom. At the same time, the bailiff takes measures to ensure that the witnesses who have not been questioned by the court do not communicate with the witnesses questioned, as well as with other persons who are in the courtroom. This action is carried out so that the truth is not distorted and witnesses inform the court only of the facts that they know.

After carrying out all the actions

The presiding judge establishes the identity of the defendant, clarifying his surname, name, patronymic, year, month, day and place of birth, ascertaining whether he owns the language in which criminal proceedings are being conducted, the place of residence of the defendant, place of work, occupation, education, marital status and Other data concerning his personality. Then the presiding judge finds out whether the defendant was handed in and when exactly the copy of the indictment or indictment, the prosecutor's decree on changing the charge. At the same time, the trial of a criminal case can not be commenced earlier than 7 days from the day of handing over to the accused a copy of the indictment or indictment, a resolution on changing the charge.

After that, the presiding judge announces the composition of the court, informs who is the prosecutor, the defender, the victim, the civil plaintiff, the civil defendant or their representatives, as well as the secretary of the court session, an expert, an expert

And an interpreter. The presiding judge shall explain to the parties their right to challenge the composition of the court or any of the judges.

The next stage of the preparatory part

Trial is the explanation of the defendant's rights. The accused has the right: to object to the charge; To testify on the charges against him or to refuse to testify; Present evidence; Petitions and challenges; Testify and explain in the native language or language that he owns; To use the help of an interpreter for free; To use the help of a lawyer; To get acquainted with the decision on the appointment of forensic examination, to raise questions to the expert and get acquainted with the conclusion of the expert; To bring complaints about actions (inaction) and decisions of the inquirer, investigator, prosecutor and court and take part in their consideration by the court, etc.

After this, the judge makes an explanation to the victim, the civil plaintiff and the civil defendant of their rights. These persons have the right: to participate in the trial of a criminal case in the courts of the first, second and supervisory instances; To speak in court; Support the accusation; To get acquainted with the record of the court session and submit comments to it; To bring complaints against actions (inaction) and decisions of the inquirer, the investigator, the prosecutor and the court; Appeal

Sentence, ruling, court order; To know about complaints and representations brought in the criminal case and to file objections to them; To apply for the application of security measures; Exercise other powers,

Stipulated by law.

Also, the judge clarifies the rights and obligations to the expert first, and then to the specialist if they participate in this process.

Their rights are similar to each other.

After that, the presiding judge reviews the application and the permission of the applications.

The final stage of this part of the trial is to resolve the issue of the possibility of considering a criminal case in the absence of any participant in criminal proceedings, i.e. If a participant in criminal proceedings fails to appear, the court hears the opinions of the parties on the possibility of a trial in his absence and makes a ruling or decision on adjournment of the trial or its continuation, as well as on the call or drive of a non-appearing participant.

At the end of the preparatory part of the trial of the chairman

The incumbent announces the commencement of the judicial investigation. All other actions are carried out by the court already in the judicial investigation.