1. After resolving the issues specified in Article 299 of this Code, the court proceeds to drawing up a verdict. It is presented in the language in which the trial was conducted and consists of introductory, descriptive and motivating parts and operative parts.
2. The verdict must be written by hand or produced using technical means by one of the judges participating in its decision. The verdict is signed by all judges, including the judge with a dissenting opinion.
3. Corrections in the verdict must be agreed upon and certified by the signatures of all judges in the deliberation room before the verdict is announced.
4. If during the trial the identity of the victim, witness or other participants in criminal proceedings was not disclosed, the court in the verdict refers to the pseudonyms of these persons (indicating this fact).
Commentary on Article 303 of the Code of Criminal Procedure of the Russian Federation
1. Drawing up a sentence involves presenting it in Russian, which is the state language of the Russian Federation, or in the state language of the republics that are part of the Russian Federation (Article 68 of the Constitution of the Russian Federation). In military courts, criminal proceedings, including the drawing up of a sentence, are carried out in Russian. This is not about the possibility of freely choosing one of the named languages for drawing up a verdict, but about using only the language in which the proceedings in this case were conducted. The verdict is drawn up in the prescribed form and consists of an introductory, descriptive-motivational and operative parts. This form is required for any acquittal or conviction.
2. The verdict can be handwritten by one of the judges, typed or produced using computer technology.
The requirement of the law for all judges to sign the verdict is due to the fact that, firstly, a judge who has a dissenting opinion may disagree with other judges not on all issues to be resolved when making a verdict, but only on certain of them (for example, on the issue on the type and amount of punishment), and, secondly, the verdict must be presented as a decision of the entire composition of the court, expressing the will of the state.
3. All judges in the deliberation room must also certify with their signatures possible amendments to the verdict.
Everything about criminal cases
Go to the text of the Code of Criminal Procedure
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Drawing up a sentence
- part 1 303 of the Code of Criminal Procedure
compilation is carried out after resolving issues
299 Code of Criminal Procedure
- Part 1 303 Code of Criminal Procedure
in the language in which the proceedings were conducted
- part 1 303 of the Code of Criminal Procedure
the sentence consists of three parts
- Part 2 303 Code of Criminal Procedure
the verdict is signed by all judges
- Part 2 303 Code of Criminal Procedure
including the judge with a dissenting opinion
Corrections in the verdict
- part 3 303 of the Code of Criminal Procedure
procedure for making corrections to a sentence
- part 3 303 of the Code of Criminal Procedure
corrections are certified by all judges
- part 3 303 of the Code of Criminal Procedure
corrections are made only before the verdict is announced
Nicknames
- Part 4 303 Code of Criminal Procedure
Personal information may be hidden under pseudonyms
Errors in drawing up a sentence
Errors in the verdict
what they can be and how to use them
Clarification of ambiguities
Clarification of ambiguities
and doubts about the verdict (
clause 15 397 of the Code of Criminal Procedure
)
Uncertified amendments to the verdict
Unauthorized edits
included in the sentence may lead to its reversal
Article 303 of the Code of Criminal Procedure. Drawing up a sentence
1) After resolving the issues specified in 299 of the Code of Criminal Procedure, the court proceeds to drawing up a sentence.
It is stated in the language in which the trial was conducted,
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—
clause 1
of Plenum No. 55, in any case, the verdict must contain all three parts
Practical aspects
Announcement of the resolution
parts with subsequent production of motivation
and consists of:
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— 304 Code of Criminal Procedure
introductory part of the sentence
- introductory,
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—
307 Code of Criminal Procedure,
reasoning part of the guilty verdict
- descriptive and motivational,
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— 308 Code of Criminal Procedure
operative part of a conviction
- and the operative parts.
2) The verdict must be handwritten or produced using technical means by one of the judges participating in its decision.
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— paragraph 43
Plenum No. 55, the date of signing by the judges is the date of the resolution
The verdict is signed:
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- clause 10, part 2 389.17 Code of Criminal Procedure
there is no judge’s signature in the verdict, cancellation on appeal
Lack of judge's signature
No signature
judge in the verdict, violation (
clause 10, part 2 389.17 of the Code of Criminal Procedure
)
- by all the judges,
- including the judge, who remained with
a dissenting opinion.
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— paragraph 42
Plenum No. 55, corrections in the verdict must be specified
- paragraph 22
Plenum No. 21 technical errors in the execution of the sentence
Corrections in the verdict
Corrections in the verdict
, the procedure for their introduction (
Part 3 303 of the Code of Criminal Procedure
)
Uncertified amendments to the verdict
Unauthorized edits
included in the sentence may lead to its reversal
3) Corrections in the sentence should be:
- agreed upon and certified by the signatures of all judges in
the deliberation room;
- before the verdict is announced.
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Regulatory framework on security measures
- Part 3 11 Code of Criminal Procedure
security measures for participants in the process
Rights of participants in the process to security
- clause 21 part 2 42 Code of Criminal Procedure
the right of the victim to request security measures
- paragraph 15
Plenum No. 17, the victim has the right to request security measures
— clause 7, part 4 56 Code of Criminal Procedure
right of a witness to request security measures
- Part 1.1 144 Code of Criminal Procedure
right to safety of a participant in pre-trial proceedings
Security measures during investigation and trial
- Part 9 166 Code of Criminal Procedure
maintaining the confidentiality of the data of a witness or victim in the protocol
- Part 8 193 Code of Criminal Procedure
identification for security - without visual observation
— Part 1 217 Code of Criminal Procedure
when familiarizing yourself with the case, some information may not be presented
- clause 4 part 2 241 Code of Criminal Procedure
closed proceedings if security is affected
- Part 5 278 Code of Criminal Procedure
interrogation of a witness without disclosing his identity for security reasons
- Part 4 303 Code of Criminal Procedure
Personal information may be hidden under pseudonyms
PRACTICAL Aspects
Security measures
participants in the process - how to use it for protection
4) If during the trial the identity of the victim, witness or other
participants in criminal proceedings was not disclosed, the court in the verdict refers to the pseudonyms of these persons (indicating this fact).
Return to the text of the Code of Criminal Procedure
Seek advice
Another commentary on Article 303 of the Criminal Procedure Code of the Russian Federation
1. The drafting of a sentence in the context of the commented article means the handwritten execution of its text.
2. For the content of the introductory, descriptive and operative parts of convictions and acquittals, see the commentary to Articles 313 - 317 of the Code of Criminal Procedure.
3. The verdict must be understandable not only to the participants in the criminal process, but also to the public, which does not exclude, but, on the contrary, presupposes the use of special legal terminology in its text.
4. The verdict is drawn up by one of the judges in the language in which the trial was conducted, but is signed by all judges, including those who had a dissenting opinion, with all the reservations and changes made to it.
Article 303 of the Criminal Code of the Russian Federation - termination due to the insignificance of the act
In the practice of a lawyer, there are cases when, having taken on a new case, you understand that the client is to blame, you can’t do anything, since they are “locked in” with evidence, but the feeling of responsibility to the client forces you to mobilize all your resources, sit in front of the computer, “shovel » tons of files, spend several sleepless nights to “digest” the information received and decide which method of protection to recommend to the client who has entrusted his fate to you.
As usual, I’m getting a little ahead of myself with my philosophy, so I’ll go back to the basics.
One evening I received a call from my friends living in one of the million-plus cities in our country. In a conversation, a friend asked to help their neighbor, who works as an investigator in one of the police departments. A criminal case was opened against the young man under Part 3 of Art. 303 of the Criminal Code of the Russian Federation.
I, like most lawyers, have a rather negative attitude towards people involved in falsifying evidence, so at first I thought: “serves him right,” but professional duty put my schadenfreude in its place and dragged me into another battle for the interests of the client.
It turned out that the client had a criminal case pending under Art. 158 of the Criminal Code of the Russian Federation, initiated on the basis of theft from an apartment.
The defendant was detained, a search was carried out, during which a narcotic drug was discovered and seized.
The search was carried out by an operative officer on behalf of an investigator in the presence of two witnesses, a second police officer, a criminologist and the thief himself.
The case went to court in a special manner, but something did not work out there and the thief announced that the case would be considered in a general manner with the calling of all witnesses.
Witnesses were also called and confirmed that they were present at the search, the narcotic substance was seized, packaged, the search protocol was signed by them, but they did not remember the exact time of the search and a decision was made to read out their testimony.
They fully confirmed the read-out testimony, explaining that this was exactly what happened, but no one interrogated them, did not call them, and they did not see the investigator.
The court isolated the material and sent it to the Investigative Committee for verification.
A handwriting examination was carried out, which showed that the signatures in the interrogation protocols were not made by witnesses; the details of telephone conversations showed that at the time when their interrogation was carried out, one was in another area of the city, and the second outside the Russian Federation.
The first thoughts were “finita la comedy” and “dry your oars,” but then the lawyer’s passion kicked in and sleepless nights ensued in search of a way out of the current situation.
And finally it dawned on me that the defendant’s actions under such circumstances did not constitute a crime.
Because falsification means the distortion of factual data that serves as evidence, as well as their destruction, the preparation of false information, and the introduction of distorted information into a document.
In this case, the evidence will be the search record, during which the drug was seized and the testimony of witnesses given in court, and not the record of the interrogation of the witness.
Of course, I thought about the topic, what if the testimony were read out in the absence of witnesses.
But the accused did not introduce any false information into the interrogation protocol, except for the very fact of interrogation.
This is such a paradox.
The investigation resisted for a couple of months and refused to satisfy the defense’s request. Then, after repeated attempts to send the case to court, which ended in the return of the case, the criminal prosecution was finally stopped, under Part 2 of Article 14 of the Criminal Code of the Russian Federation and Part 1 of Art. 24 Code of Criminal Procedure of the Russian Federation.
Skarga in order of Art. 303 CCP of Ukraine
To the Prosecutor General of Ukraine
01011, Kiev, Riznytska vul., 13/15
Skarzhnik: Pupkin Vasil Petrovich
02099 m. Kiev vul. Provocateurs 1st quarter 2
in accordance with Art. 303 CCP of Ukraine
The subject of this scum is the illegal inactivity of the sub-prosecutor of the Kiev City Prosecutor's Office for failure to submit evidence to the Unified Register of Pre-trial Investigations after the withdrawal of information about the crime committed.
Get the gist:
12/29/2016 Rock to the address of the prosecutor's office of the Kiwa Bulo was sent to the doshynnie about the prazinniks of patrol half a half m. Kiva Volodimir Kovadlo of Criminal Law Righteous for Part 2 of Article 365 of Ukraine, 1 of article 371 of KK Ukrainian. The essence of the statement was that the police officer had steadfastly confronted the citizen using hand-to-hand combat, inflicting bodily harm, recklessly interfering with and falsifying the administrative protocol, which the court decided to issue. illegal.
01/20/2017 date of delivery (date of submission – 01/17/17) from the Kiev prosecutor’s office with a letter confirmation dated 01/11/2017 signed by the head of the first department of procedural care of the prosecutor’s office m. Kiev E. Sanitsky. This type of prosecutor's office states that:
“No sufficient evidence has been established for the beginning of pre-trial investigations and the entry of information about criminal offenses into the Unified Register of Pre-trial Investigations. At the same time, due to the need to verify the data included in your application, in accordance with Art. 7 of the Law of Ukraine “On the Animalia of Communities” a document has been issued to the Department of Patrol Police of the NP of Ukraine for organizing the verification and making a decision in accordance with the law.”
The illegal inactivity of the prosecutor's office is punishable by:
Subject to Article 19 of the Constitution of Ukraine, the authorities of the state government and the bodies of local self-government, their citizens are required to act only on the stand, between the same method as in the transfer of the Constitution according to the laws of Ukraine.
Subject to Article 214 of the Code of Criminal Procedure of Ukraine, the investigator, the prosecutor, without delay, unless no later than 24 years after filing an application, notification of the commission of a criminal offense, or after self-discovery from any circumstances, what can they testify about the commission of a criminal offense, filing a complaint? Continuous reports to the Unified Register of Pre-trial Investigations and investigation printouts.
The investigator, prosecutor, and other service person is requested to accept and register such a statement and notification of criminal offenses. Vidmova will accept and register applications and notifications of criminal offenses are not allowed. Conducting pre-trial investigations before entering information into the registry or without such entry is not permitted and liability is established by law.
How to receive information about the commission of a criminal offense, on December 21, 2016, police officers called the driver to the traffic police for violating the traffic rules. At the request of the police, you present the necessary documents for verification. Subsequently, having received all the necessary information about the driving of this transport service, police officer V. Kovadlo received a repeated request for the presentation of documents for the driver's license, so that the documents had already been presented. policeman V. Kovadlo grabbed the water with his hands, then froze in hand-to-hand combat, throwing the water to the ground. As a result, water has taken away bodily care. Continuing his unlawful behavior, clearly exceeding the boundaries of the law, V. Kovadlo ordered water to lie on his life and lie on his back. V. Kovadlo cleverly inflicted physical suffering on the water, being concerned about him. In this case, without repairing any support for the policeman. Dali, V. Kovadlo and his partner pulled the water closer to the patrol car. Continuing his illegal actions, V. Kovadlo pulled water along the ground, causing the water to wash off his face, his face, and his nose to bleed. Vodya was put in a patrol car and taken to the Obolon police department.
It is clear that the protocol on administrative offenses under Article 185 of the Code of Administrative Offenses has been compiled. By the decision of the Obolonsky district court of Kiev on April 22, 2016, the promotion of the right to attract water to administrative authority, transferred to Part 1 of Article 185 of the Code of Criminal Procedure, was to close the connection with the government. under the conditions of administrative law violation. “The court, having heard the explanation of the individual who is drawn to the administrative department, having followed the video recording from the policeman’s chest camera, comes to the rescue, so that in the actions of SPECIAL_1 the daily warehouse administrator no offense, the remainder of the remaining documents were presented to the police officer, which would confirm his person, but not “We are allowed to go to the office to identify the person, and the protocol on administrative offenses is not to take place in other circumstances that would indicate gross disobedience to the police officer,” the court ruling stated.
https://www. reyestr. court. /Review/63594575
As is evident from the video recording, the water did not interfere with any support or disobedience to the police officer. Zgidno st. 44 of the Law of Ukraine “On the National Police”, the police officer did not have legal bases to establish before hand-to-hand combat. In addition, it is consistent with Article 259 of the Code of Criminal Procedure - in case of violation of the rules of transportation by means of transport, the rules of maintaining order and safety of the ruins, the violator can be delivered to the police by a special person, since he does not have documents, so spot a person, and there is no evidence , who could provide necessary information about him.
In this situation, the transport officer had his documents with him, presenting them for verification to the police officers, and therefore, according to Article 259 of the Code of Administrative Offenses, the police officers had no legal right to deliver the water to the Obolonsky police department. іції. At the doctor's office, patrol police officer V. Kovadlo is charged with criminal offenses under Part 2 of Article 365 of the Criminal Code of Ukraine and Part 1 of Article 371 of the Criminal Code of Ukraine.
In violation of Article 214 of the Code of Criminal Procedure of Ukraine, a clerk from the Kiev City Prosecutor's Office was responsible for submitting records to the ЄРДР. Renewal of appointments from the list of the prosecutor's office, which does not allow filing records before the ЄРДР, cannot be accepted due to the fact that the presence of a criminal offense in the person's actions can be established only during the hour of pre-trial investigation duvannya Without conducting a pre-trial investigation, the prosecutor has no legal basis for investigating the presence or existence of a crime or similar crime.
On the stand of the deposited one,
ASK:
1 - Conduct a review of this application and bring it to the disciplinary authority of the head of the first department of procedural care of the Kiev City Prosecutor's Office. Sanitsky.
2 — Enter the relevant information to the Unified Register of Pre-trial Investigations at the office of V. P. Pupkin dated 12/29/2016.
3 — Give a completed confirmation of the application.
Add-ons:
Copy of the prosecutor's report and envelope (2 arch.) Copy of the application (2 arch.) Photo Copy of the court order
01/23/2017 PUPKIN V. P.
12/22/2016 Right No. 000/16439/16-p
On the right, Ave. No. 3-7853/16
un. No. 000/16439/16-p
P O S T A N O V A
I M E N E M U K R A J N I
On April 22, 2016, the Obolonsky District Court of Kiev, having examined the administrative material that was the best from the Obolon Police Department of the National Police of Ukraine in Kiev about the attraction to hell minimalist subdiscipline
PERSONAL_1, INFORMATION_1, citizen of Ukraine, native of Kiev, lives at the address: ADDRESS_1, does not work,
for Part 1 of Article 185 of the Code of Administrative Offenses, -
V S T A N O V I V :
Submitted to the protocol on administrative offenses dated December 21, 2016, series AA 344243 gr. OSOBA_1 12/21/2016 Rock about 08 years old. 10 xv. in metro station Kiev on st. O. Telіgi, 61, having defied the lawful demands of the policeman, and having dared to present documents as if they had identified the person, she was encouraged to go to the service premises to identify the person, whereupon she got stuck and was afraid of odyags who committed administrative offenses, for how the reliability was transferred for Part 1 of Article 185 of the Code of Administrative Offenses.
INDIVIDUARY_1 appeared at the court hearing, without finding out the guilt of the administrative offense committed, asking the court to confirm the right to close the connection with the special duty and warehouse of the administrative offense. The court, having examined the legal materials, assessed all the collections according to the evidence, took the offensive.
The protocol on administrative offenses dated December 21, 2016, series AA 344243 states that gr. OSOBA_1 12/21/2016 Rock about 08 years old. 10 xv. in metro station Kiev on st. O. Telіgi, 61, having defied the lawful demands of the policeman, and having dared to present documents as if they had identified the person, she was encouraged to go to the service premises to identify the person, whereupon she got stuck and was afraid of odyag.
Subject to clause 22, part 1, article 92 of the Constitution of Ukraine, including the laws of Ukraine, which define actions such as administrative offenses. The attributes of Article 9 of the Code of Administrative Offenses (misdemeanor) are unlawful, guilty (intelligent or careless) or inactive, which encroaches on public order, power, the rights and freedoms of citizens, on the establishment of administrative order and for any reason. The legislation transferred administrative responsibility. Article 185 of the Code of Administrative Offenses transferred responsibility for disobedience to lawful orders or the violation of a policeman while violating his service obligations.
Vicious disobedience is the result of victorious law enforcement, repeatedly repeating the law in the order of a policeman with the vigilance of service obligations or vidmova, expressed in a notorious form, which indicates obvious anger Gu to the people who protect the enormous order.
This word “disobedience” means victorious victory or ignorance of victorious singing.
The court, having heard the explanation of the individual who is brought to the administrative level, having followed the video recording from the policeman’s chest camera, comes to the authority, which in the actions of SPECIAL_1 is a daily warehouse of administrative law ruined, the remaining fragments presented to the police officer a document that identified him as a person, but without being identified go to the office to identify the person, and the protocol on administrative offenses does not include other situations that would indicate gross disobedience to the police officer.
In addition, from the protocol on administrative offenses and the video recording from the policeman’s chest camera, it is concluded that there is a verbal conflict between the police officer and OSOBA_1, so that there is no evil rebellion in the mind Inno Art. 185 KUPAP.
Vrahovoychi vkladen, the court comes to the conclusion that OSOBA_1’s guilt in committing an administrative offense, transferred to Part 1 of Article 185 of the Code of Administrative Offenses, is not completed.
Subject to Part 1 of Article 247 of the Code of Administrative Offenses of the Code of Administrative Offenses cannot be printed, but the printed form must be closed depending on the scope of the administrative offence.
On the stand of the deposited item, in violation of Part 1 of Article 247 of the Code of Administrative Offenses, -
P O S T A N O V I V :
Close the promotion from the notice about the attraction of PERSON_1 (identification number NUMBER_1) to the administrative authority, transferred to Part 1 of Article 185 of the Code of Administrative Offenses, in connection with the subsistence of the department and the warehouse of the administrator istrative offense.
The resolution may be challenged before the appellate court of the city of Kiev within ten days from the day the resolution was issued.
The appeal file, the prosecutor's filing, is submitted to the appeal court of Kiev through the Obolonsky district court of Kiev.
The line of presentation is three months from the date of the decree.
Velikokhatska
