The verdict in the court session is passed by the presiding judge in the form of a document, which prescribes the procedure for examining the evidence, their sequence, the results of the interrogation of the persons participating in the case and the punishment. The document must be announced in the courtroom and must be executed within 10 days from the date of its issuance.
Instructions
Step 1
Make a judgment in accordance with the law; it must be justified and fair. Prepare the document guided by the evidence base obtained during the judicial investigation. If the verdict is handed down unreasonably, it is illegal and can be challenged in a higher court. It must consistently set out all the evidence, information confirming the conclusions of the court, and refuting them.
Step 2
Reflect in the verdict why you refute the information or confirm it. This is expressed in a convincing explanation of the correctness of the judicial decisions and conclusions contained in the document.
Step 3
Observe the requirements of the law regarding the preparation of the judgment. It is decided in the deliberation room. The judge can take a break during the working day, but he does not have the right to disclose information that became known to him in the course of the judicial investigation, as well as during the discussion and decision of the verdict.
Step 4
Answer questions that matter in sentencing. Whether the act took place, whether the defendant is guilty and whether his guilt has been proven, whether there are circumstances mitigating or aggravating the punishment, what kind of punishment should be imposed, whether the claim for moral, material compensation for harm and others is subject to satisfaction. The judge gives all answers on the basis of internal conviction, taking into account the research of the case materials.
Step 5
Consider using compulsory medical measures if the person is found to be suffering from a mental disorder or alcoholism during the course of a case. Pay attention to whether the person was sane at the time of the crime, otherwise, you will have to reopen the judicial investigation, re-interview all the participants, conduct forensic examinations and much more, and then appoint a forensic psychiatric examination.
Step 6
Decide whether you will be acquitted or convicted. If the event of the crime has not been established or the defendant is not involved in it, and also, if there is no corpus delicti, an acquittal is issued. An indictment is issued only in case of unconditional confidence in the guilt of the person. It can be with the appointment of a punishment, without such, with the appointment of a punishment and release from serving it.
Step 7
Include in the document an introductory, descriptive and motivating part and an operative part. Use technical means when writing it, you can write with a ballpoint pen. Be sure to sign at the end of the document. You compose it in the language in which the court agreement was conducted; corrections must be agreed upon and certified by all judges who were present in the deliberation room at the time of drafting, even those who have special opinions.
Step 8
Indicate in the introductory part the time and place of compilation, the name of the court, and other information. The latter include information about the personality of the defendant, positive characteristics, information about a criminal record, the use of punishment in the past, treatment in neuropsychiatric dispensaries, etc. In the narrative, describe all the circumstances of the charge, if any, the grounds for acquittal or conviction. Here you can also indicate the reasons for the decision taken in relation to the civil claim.
Step 9
Please note that the operative part must also contain information about the personality of the defendant, a decision on the punishment, a measure of restraint and an explanation on compensation for harm. Here, describe the conclusions regarding the material evidence in the case, the place of their storage or the procedure for transferring them to the persons who participated in the process. Explain to the parties the procedure for appealing the document, where and in what instance they can do it. Specify the terms prescribed in the legislation and the consequences of such a decision. Usually, the verdict of justices of the peace can be appealed in the court of cassation court, federal judges - in cassation and appeal. The highest court is the Supreme Court.
Step 10
Announce the verdict in the courtroom, they always listen to it while standing. Be sure to proclaim it in full. If one of the participants in the process does not speak the language in which the document is written, you can invite a translator. Within five days from the date of the verdict, the participants can receive copies and familiarize themselves with them in the courtroom.
