In the trial, the sentencing is the final step. It is carried out in the court of first instance or appeal. Let us further consider the features of the decision of the court verdict.
Definition
The final act - the sentence - is a decision on the guilt or innocence of a person, the appointment of criminal sanction or release from punishment.
The Constitution enshrines the provision according to which a citizen is not convicted of a crime until the guilt is proved in the manner prescribed by federal law, and is not fixed in a court verdict that has entered into force. This norm indicates that the final decision on the case is the most important act and obliges the courts to strictly comply with the requirements of the law.
The sentence is carried out on behalf of the Russian Federation.
Decision Value
The decision of the verdict by the court, even without imposing punishment on the person, is aimed, on the one hand, to consolidate state censure (conviction) of a citizen involved in the crime. On the other hand, if the defendant is found guilty, the final act establishes an assessment of the gravity of the act, the degree and nature of the person's guilt. That is why the verdict acts as the only procedural document that has the power and administrative action adopted on behalf of the state.
Signs of the act
The decision of the sentence (in particular, the conviction) must be lawful, fair and justified. The act will be recognized as complying with the rule of law if, when it is passed, the requirements of the Code of Criminal Procedure are met and the provisions of the criminal law are correctly applied, as well as the norms of other legal sectors.
The validity of the sentence implies the conformity of the conclusions formulated by the court with the actual circumstances of the case. The court should base its opinion on the objective and reliable evidence examined and evaluated during the proceedings.
The requirement of justice when deciding a sentence concerns the characterization of decisions regarding the size and type of sanction. According to Art. 60 of the Criminal Code, the court, while imposing punishment, must take into account the degree and nature of the danger of the crime, the personality of the perpetrator, facts mitigating and tightening responsibility. Of no small importance is the influence of sanctions on the correction of the guilty person and the living conditions of those close to him (family members).
According to the provisions of Article 389.19 of the Code of Criminal Procedure, a sentence should be considered unfair, according to which a citizen was charged with a disproportionate to a committed act that does not correspond to the personality of the defendant, and although it does not go beyond the framework established by the criminal article, it is unjust in size and type in the power of excessive softness or severity.
General sentencing procedure
The court makes the final decision on the case in the deliberation room. When formulating its content, only judges participating in the proceedings of this case may be present.
The bailiff guards the conference room during the sentencing, ensuring compliance with the established procedure for the work of the court. He must not allow strangers into the premises. Thus, secrecy of the meeting is ensured. It is guaranteed that the final decision, made in violation of confidentiality, is subject to cancellation by virtue of the provisions of paragraph 8 of paragraph 2 of Article 389.19 of the Code of Criminal Procedure.
During the day and upon its completion, the judges may take a break and leave the deliberation room. Moreover, they should not divulge the opinions expressed during the discussion and the decision of the verdict or in any other way violate the confidentiality of the meeting.
Matters resolved by the court
In accordance with part 1 299 of the article of the Code of Criminal Procedure, the following circumstances are established during the sentencing:
- Is it proved that the act, in which the citizen is accused of involvement, really took place.
- Is it proved that the act was committed by the defendant.
- Whether the offense is recognized as a crime, what clause, part, norm of the Criminal Code establishes punishment for it.
- Is a citizen guilty of a crime?
- Should the defendant be punished.
- Are circumstances aggravating or mitigating liability identified.
- Are there reasons (grounds) for the re-qualification of the act, the commission of which the person is charged, to a less severe category in accordance with 6 part 15 of the article of the Criminal Code.
- What kind of punishment should be imputed to the defendant.
- Are there grounds for replacing imprisonment with forced labor in accordance with the rules enshrined in article 72.1 of the Criminal Code.
- Are there grounds for sentencing without imposition of punishment or for exemption from sanctions.
- What correctional institution and regime of stay in it should be established by the defendant. This issue is resolved if a person is imposed a sentence of imprisonment.
- Should a civil lawsuit be satisfied, to what extent and in whose favor.
- Is the fact of obtaining values in a criminal way or the use of property subject to confiscation for unlawful purposes, including for the financing of terrorism, a criminal community, an organized group, etc., is proven.
- How to determine the fate of property under arrest to secure a claim or confiscation.
- What should be done with the collected material evidence.
- How to distribute legal expenses.
- Is it necessary for the court in cases established by article 48 of the Criminal Code to deprive a citizen of a military, honorary or special rank, state awards or class rank.
- Is there a basis for applying compulsory medical measures in cases established by article 99 of the Criminal Code.
- Is it possible to apply educational measures in the manner prescribed by Art. 90-91 of the Criminal Code.
- Whether it is necessary to cancel or change the measure of restraint.
If a person is charged with several acts, the court shall resolve the issues referred to in paragraphs 1-7 of part 299 of the article of the CPC, separately for each of them.
If several citizens are charged with a crime, the relevant issues are resolved in respect of each person individually. In this case, the role and degree of participation of the defendants in the act should be determined.
Nuances
According to the clarifications given in the Supreme Court Decree “On Sentence” No. 55 of November 29, 2016, it is necessary to evaluate all the evidence examined during the trial, confirming the findings of the court and contradicting them. The final decision, in accordance with the requirements of the law, should contain justification of the reasons why some facts were recognized as reliable and others were rejected.
According to the provisions of the above-mentioned Decree “On Judicial Sentence", if during the preliminary investigation or in the course of the trial a question arose of the sanity of the accused, the court should decide on the appropriateness and possibility of applying compulsory medical measures. If it is established that the defendant was insane during the commission of the act, or after the crime he suffered a mental disorder, as a result of which he lost the ability to recognize the danger and nature of his behavior and direct it, the final decision is made according to the rules enshrined in Chapter 51 of the Code of Criminal Procedure.
Features of voting
In accordance with the established procedure for sentencing, during a peer review of the case, the chairman of the deliberation room raises questions for resolution according to the rules enshrined in article 299 of the Code of Criminal Procedure. When voting, judges may not abstain, with the exception of two cases.
A judge who voted for acquittal and remains in the minority receives the right to abstain in deciding on the application of criminal law. If the judges ’conclusions on the qualification of the act or measure of responsibility diverged, the vote that was cast for the acquittal of the defendant shall be added to the vote cast for the qualification of the deed under the Criminal Code, which provides for a less severe punishment.
A judge with a dissenting opinion has the right to express it in writing in the deliberation room. At the same time, he cannot indicate information about the judgments made during the discussion, the position of the judges included in the court, or otherwise violate the confidentiality of the meeting.
The acquittal
It is issued if:
- The crime event has not been established.
- The participation of the defendant in the act is proved.
- There is no corpus delicti in the deed.
When deciding a sentence, the determination of a person’s non-involvement in an infringement is carried out by examining all the evidence collected in the investigation. Regardless of the grounds for the justification, such a decision completely rehabilitates the citizen and acts as the basis for applying the procedure enshrined in Chapter 18 of the CPC.
Conviction
It is issued:
- With the appointment of punishment, which the convict must serve.
- No sanction.
- With the appointment of punishment, from serving which the defendant is released.
The basis for a sentence of the last type is:
- The amnesty act, according to which the convicted person is exempted from the sanction imputed by the sentence.
- Absorption of the sanction by the time the defendant is in custody in the relevant case. In this case, the rules for offsetting punishments enshrined in article 72 of the Criminal Code apply.
According to the instructions contained in the Supreme Court ruling on a court sentence, when a judgment of conviction is sentenced to be served, the court must accurately determine the type of sanction, its size and the beginning of the term.
Important points
As indicated in the Supreme Court Decree No. 55, the indictment cannot be based on assumptions. It should be made only on condition that in the course of the proceedings the citizen's involvement in the crime is confirmed by the totality of the evidence studied.
The court must base an indictment on reliable information. It is necessary to investigate all possible versions, find out and evaluate all the contradictions.
A guilty plea by a citizen, if this is not supported by the evidence base, is not a basis for an indictment.
The Supreme Court in its Judgment of Sentence emphasizes that the principle of the presumption of innocence must be respected in the proceedings. In accordance with it, all doubts about a person’s involvement in an act that cannot be eliminated in the manner established by the CPC are resolved in his favor. In this case, it is necessary to take into account an important point. Based on the content of the criminal procedural rules, the defendant is treated not only with doubts about his involvement in the crime as a whole, but also with regard to individual episodes of the charge, form of guilt, nature and degree of participation in the crime, extenuating and aggravating circumstances, etc.
General sentencing rules
The decision is formulated in the language used in the proceedings. The sentence is written by hand or printed on a computer by one of the judges. All judges sign the verdict, including those with a dissenting opinion. All corrections made to the decision are negotiated and certified by signatures prior to announcement.
If during the trial the information about the identity of the witness, the victim and other participants in the proceedings was not disclosed, their pseudonyms shall be indicated in the verdict.
Solution structure
The sentence must include an introductory, descriptive, motivational and resolutive part. The content of the first is standard for all acts of this type. The descriptive, motivational and resolutive parts of the information will depend on whether the verdict is acquittal or guilty.
Introduction
It indicates the following information:
- On the decision on behalf of the Russian Federation.
- Place and date of removal.
- The name of the court that examined the case, the composition of the court, information about the clerk, prosecutor, defense counsel, the victim, civil defendants / plaintiffs.
- Name of the defendant, place and date of birth, place of work and residence, occupation, education and other data relevant to the proceedings.
- Article of the Criminal Code, its specific part and paragraph, which establishes liability for the act, of which the citizen is accused of involvement.
Descriptive and motivational part
It reflects:
- The essence of the charge.
- The circumstances of the case, established in court.
- Grounds for acquitting the defendant, evidence supporting them.
- The motives on which evidence presented by the prosecutor is rejected.
- The reasons for the decision in a civil lawsuit.
Formulations that call into question the innocence of a person cannot be included in a acquittal .
When deciding the indictment in the descriptive and motivating part must be present:
- Description of the crime proven during the proceedings. At the same time, the time, method of its commission, form of guilt, purpose, motives and consequences of the action are indicated.
- The evidence that formed the basis of the court’s findings, the reasons why other facts were rejected.
- Indication of circumstances aggravating and mitigating liability. If in some part the accusation is recognized as unfounded or the wrong qualification of the crime is established, the motives and grounds for changing the charge are stated.
- The circumstances by which the court was guided in resolving issues relating to the imposition of a sanction, release from punishment or serving it, and the application of other measures.
- Evidence that formed the basis of the court's findings that the values to be confiscated were obtained as a result of unlawful actions or recognized as income from the use of property obtained by criminal means, or was intended to finance terrorism, the criminal community, etc.
- Grounds for making decisions on other issues specified in article 299 of the CPC.
The operative part
In it, it is necessary to indicate first of all the F. I.O. of the defendant. In addition, the operative part indicates decisions on:
- Recognition of a person not involved in a crime. It also sets out the grounds for declaring him innocent.
- Cancel the selected preventive measure.
- Cancel interim measures, if any.
The court also provides clarification on the procedure for compensation for damage arising from criminal prosecution.
Upon conviction, the operative part sets out:
- The decision to convict a citizen.
- The specific norm of the Criminal Code, its part and paragraph, establishing the punishment for the deed.
- The type and size of the sanction for each act, involvement in which is proven.
- The final punishment that a citizen must serve in accordance with Articles 69-72 of the Criminal Code.
- Name of the correctional institution, mode of stay in it.
- The duration of the probationary period, if the defendant is assigned conditional conviction, the duties that are imputed to him in connection with this.
The operative part also indicates other decisions taken in this case.