Judicial debate is one of the independent parts of the process in court, during which the parties, using replicas and speeches, evaluate various circumstances that were established during the investigation. In addition, defense attorneys and prosecutors try to analyze all the evidence obtained and provide the judge with their points of view and thoughts about the prosecution, level of punishment and other issues related to the case.
What you need to know about the debate?
Despite the fact that the debate is only part of the trial, it plays one of the most important roles in it. This can be explained by the fact that the defenders in this way can add some important information about the participants, which will help them avoid illegal punishment. Judicial debate also provides an opportunity for each party to speak.
How is this process going?
Of course, the debate is such a part of the court cases, which must be held in accordance with the procedures established by the civil procedural legislation. First of all, the court must issue a determination at the moment when it accepts the statement of claim. With this definition, she either accepts the claim for consideration or rejects it (if it was drawn up without observing the necessary norms and rules).
After this stage, the study of the evidence that was provided with the lawsuit begins. When they are studied, the debate itself begins. Legally, the most difficult questions are about inheritance, since a rather large number of "pitfalls" may appear here. As a rule, the debate takes place in a special room that is reserved for these processes. Experts say that it is best to prepare all the information separately so that you can then attach it to the case.
Rules of Procedure
Debate is a complex process, therefore its procedural rules are known only to professional lawyers. First, you should know that to accumulate evidence that was collected earlier, it is necessary in one piece. It doesn’t matter if you are a claimant or protector. Upon completion, the court provides the opportunity for each party to add replicas, if any. This stage of the trial is considered the most vivid and memorable, because here the lawyer has to make every effort to show how good a speaker he is.
Debate between the parties
This process, as a rule, consists of statements by the prosecutor and the defense counsel. They should take turns. If there is no defender, then in his place the speech is made by the accused. Also, in some cases, the victim may also take part in the debate. The court decides whether there will be a debate between the parties or not. In the queue for statements, the first place is always taken by the person who suffered. The defendant himself speaks last. Lawyers also take part in the process. It should be remembered that you can not take into account the evidence that had not previously been considered in court.
This process has no special legal boundaries, but the judge can stop it when it sees fit. Especially often, a break occurs if someone has expressed something that is irrelevant. After a short trial, the debate may continue from where it left off. During the “last word” of the defendant, he can no longer be asked any questions. But there are also no restrictions on the duration of the "last word". But here, the judge must make sure that the speech is relevant, clear and, of course, informative.