Legal Encyclopedia. The letter C

judicial investigation

- Part of the trial, which is in the court examination of the evidence with the assistance of the prosecutor, defendant, defense counsel, victim, civil plaintiff, civil defendant and their representatives.

This part of the trial is one of the most voluminous and substantial, the value of which is that the court makes its findings in the verdict only on the basis of evidence which have been investigated in this part of the trial.

SS begins with a statement by the public prosecutor brought against the defendant the charges, and on criminal cases of the private prosecution - private prosecutor. The presiding judge shall ask the defendant whether he understood the charge, if he pleads guilty, and if he wants or his counsel to express their attitude to the indictment.

After this is determined by the order of examination of evidence and direct research, the order of examination of evidence is determined by the party submitting the evidence to the court. The first is the evidence for the prosecution. After examining the evidence submitted by the prosecution, investigates the evidence presented by the defense.

testifying the defendant is not limited to his initial interrogation, because the law gives the defendant the opportunity to testify at any time SS, but only with the permission of the presiding officer. This action is carried out in connection with the fact that the defendants also give evidence in connection with the investigation of other evidence: questioning of other defendants, victims, etc.

If in criminal proceedings involving several defendants, the order of presentation of evidence shall be determined by the court taking into account the views of the parties and their representatives.

Giving testimony in court - a right, not the obligation of the defendant, since the burden of proof lies with the authorized state bodies and their officials. The accused must neither prove his innocence, not to report on the circumstances of the crime, if he pleads guilty.

The defendant has the right to use

written notes, if there are indications in his complex calculations or data that are difficult to keep in mind that apply to the court at his request. The court puts questions to the defendant after his interrogation by the parties. Interrogation of the accused in the absence of another defendant is permitted at the request of the parties or on the initiative of the court, which is to make appropriate decision or ruling. If the defendant is applying for his interrogation in the absence of the other defendants and the court satisfied the petition, after the return of the defendant to the courtroom, the presiding officer tells him the content of the testimony given in his absence, and gives him the opportunity to ask questions to the defendant, who was interrogated in his absence.

Also, the implementation of SS made the announcement of the testimony of the defendant, the data in the production of the preliminary investigation, as well as applied to reproduction

Protocol interrogation materials

photographs, audio or video.

After the interrogation, the defendant goes to court questioning the victim and witnesses. Interrogation of the injured takes place in the general order.

Interrogated witnesses with permission of the presiding officer may leave the courtroom until the end of the SS, but the judge takes into account the opinions of the parties. Victims and witnesses are allowed to read their available documents relating to their testimony. These documents shall be submitted to the court and its decision or ruling can be attached to the materials of the criminal case.

At the request of a party or on its own initiative, the court may appoint a forensic examination, which may be: integrated, single; primary, re; basic, additional, commission.

The next step is the SS inspection of evidence, which is held at any given SS at the request of the parties.

After consideration, investigation and verification of the evidence collected in the

preliminary investigation and submitted additional actors involved or the scope of the hearing on the initiative of the court, presiding judge interrogates the prosecutor, defendant, defense counsel, victim, civil plaintiff, civil defendant and their representatives, whether they wish to supplement the judicial inquiry and what it was.

Applications for the addition of SS can be very different content: the admission of documents or disclosure of an additional formulation of questions the defendants, victims, witnesses and experts.

Stated application are discussed and resolved in a general manner. According to the resolution of petitions and the performance after the necessary proceedings the presiding officer declares the SS finished.