Legal encyclopedia. Letter P

CRIMINAL DUTY

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Such properties (features, characteristics) of the case, on which the question is decided in which particular court and in which composition of this court it (the case) should be considered.

To determine P. is to define the court in which the case is to be dealt with, and its composition.

The choice of the court, where the case is to be examined, and the definition of its composition are important prerequisites for the implementation of the principle of completeness, comprehensiveness and objectivity when considering and solving the case.

Thanks to the institute, the competence of all parts of the judicial system is established, the speed of the resolution of criminal cases increases.

There are three features that collectively determine P.

The first sign is the subject sign. It is characterized by what PJD defines, depending on the crime subject. For example, all cases of crimes, measure

Punishment for which is the death penalty, are considered only by regional, regional and equal courts.

All cases of espionage under current legislation are subject to military courts.

Most criminal cases are subject to jurisdiction by district courts, since they are the main link in the judicial system in the Russian Federation. The district court is entitled to all criminal cases, except cases that are subject to higher courts and military courts.

The regional, regional and equal courts hear cases of especially dangerous state crimes and certain serious criminal offenses for which the most severe penalties are provided for by the criminal law, including the death penalty.

The Supreme Court of the Russian Federation is accused of criminal cases of special complexity and special social significance.

In the case of a single person or group of individuals charged with several crimes, criminal cases on which are judicially tried by courts of different levels, a criminal case on all crimes is considered by a higher court.

The second sign recognizes the territorial.

This feature characterizes the possibility, depending on the place of commission of the crime, to determine which court will consider the criminal case. The criminal case is to be examined in court at the crime scene.

If the crime was commenced in a place subject to the jurisdiction of one court and ended in a place subject to the jurisdiction of another court, then the criminal case is subject to trial at the place where the crime ends. If the crimes are committed in different places, the criminal case is reviewed by a court whose jurisdiction extends to the place where the majority of crimes investigated in this criminal case were committed or the most serious of them was committed.

Territorial PDD can be changed at the request of the party in case of satisfaction of the claimed challenge to the entire composition of the relevant court and at the request of the party or on the initiative of the chairman of the court, to which the criminal case has been filed, in the following cases:

1) if all the judges of this court have previously participated in the production of

The criminal case under consideration, which is the basis for their challenge;

2) if not all participants in criminal proceedings in this criminal case live in the territory covered by the jurisdiction of this court, and all the accused agree to change the territorial P. of this U. D. The change in the territorial PWD is allowed only before the commencement of the judicial Proceedings.

A personal sign is also singled out, which, depending on the identity of the accused citizen, in a number of cases determines P. So, all cases of crimes committed by servicemen and persons equated to their legal status should be considered by military courts.

A small part of the case is determined by an exceptional sign, which means special complexity or special social significance, or the exceptional importance of the case, or the need to ensure the best conditions for the issuance of a lawful and reasonable sentence. This sign of AP is most often used, except in cases directly specified in the Criminal Procedure Code, also in those cases when: the crime affects particularly important state interests; Entailed

Grave consequences; Attracted special attention of the public; Was committed on the territory of several republics, territories, regions, other regions, or when, due to complexity, the case can not be properly resolved by a lower court.

When determining criminal cases in accordance with an exceptional sign, an object sign is not taken into account, territorial - is not applied in all cases, personal - is taken into account in all cases.