A court decision is a final document in a case, adopted on behalf of the Russian Federation, by which the court considering the case resolves a dispute about the right (appoints criminal punishment) on the basis of the law and its inner conviction. The court decision is made in the form of a separate document immediately after the consideration of the case, only the reasoning part of the decision can be drawn up within five days after the decision is made, if necessary.
Necessary
computer, printer
Instructions
Step 1
The procedure for drawing up a court decision is determined by Russian law, namely the criminal procedure, civil procedure and arbitration procedure codes of the Russian Federation. A court decision is always made in writing and consists of four main parts: introductory, descriptive, motivational and operative.
Step 2
In the introductory part of the court decision, the time and place of its issuance, the name and composition of the court that made the decision must be indicated, the parties, the secretary of the court session, other persons participating in the case, their representatives, the subject of the dispute are also indicated. In criminal proceedings (in the verdict), the state prosecutor, the victim, the defender, the civil plaintiff and the defendant (their representatives), the defendant with all the information about him are indicated.
Step 3
The descriptive part of the court decision in the civil (arbitration) process contains an indication of the claims that the plaintiff stated, objections to these claims, explanations of other persons participating in the case. In a criminal procedure, a court decision (verdict) contains the essence of the charge brought against, the circumstances that were set by the court in the court session.
Step 4
The reasoning part of the court decision shall indicate the circumstances that were established by the court during the court session. It also contains an indication of the evidence recognized by the court on which the judgment itself is based, references to the laws that guided the court when it was adopted.
Step 5
In the operative part of the court decision in the civil procedure, the final conclusions of the court are indicated, namely: on the satisfaction of the claim in full or in part, or on the refusal to satisfy the claim, the distribution of court costs between the parties is indicated, the terms and procedure for appeal are reported. The court decision on the criminal case (in the verdict) indicates the information about the defendant, the decision on his conviction, or the grounds for his acquittal, the sentence imposed, the procedure for compensation for harm associated with criminal prosecution (in the event of an acquittal), terms and procedure his appeal.
Step 6
The decision of the court is adopted in the deliberation room by the composition of the court that participated in the consideration of the case. The presence of other persons when passing the sentence is unacceptable and is the basis for its cancellation. The adopted decision (or its operative part) shall be announced immediately after the end of the consideration of the case.
