Stages of trial in criminal proceedings in 2022

The stages of judicial proceedings in criminal proceedings are designed to ensure justice and facilitate fair punishment for the crime committed. The only authority that can correctly evaluate the facts, evidence and determine the legality of the investigation is the judicial authority.

The trial is the central stage of the criminal process, in which the court of first instance, with the participation of the parties, considers the criminal case on its merits in a court session, directly examining the evidence, and makes a verdict. Another decision may be made, which indicates the end of legal proceedings.

The trial stage in criminal proceedings follows the preliminary investigation and the assignment of the case to trial. Only based on the results of a trial can a defendant be found guilty of a crime and punished, or found innocent and acquitted.

The conclusion of the stage is that the purpose of criminal proceedings is realized within the framework of the trial. In addition, in a well-organized trial, the order that is observed during its conduct has an educational effect on the participants in the process and those present at the court hearing.

Main stages of the trial

There are several main stages of judicial proceedings in criminal proceedings, which consistently comply with the procedural signs of justice, identify the composition and signs of an unlawful act:

Introductory stage. It opens the beginning of research into the circumstances of the case; within their framework, the court indicates the further essence of the actions and a number of issues that should be clarified.
Judicial investigation. It is a key element of the proceedings, since it involves the presentation and presentation of evidence by both parties to the process. If required, some investigative actions are repeated with the participation of the court. The judicial investigation begins with the presentation of charges to the defendant. The parties then present their evidence. The procedure for presenting evidence is determined by the party itself. The parties have the right to invite and question witnesses, experts, and specialists who confirm their position. The defendant and the victim also have the right to testify at any time during the trial with the permission of the judge.
Independent stages. The debate of the parties and the last remark of the convict are reflected as interconnected and interdependent institutions in a single stage. The debate is the presentation of the defense attorney and the accused. At this stage, the parties summarize what they heard during the judicial investigation, clarify their positions and ask the court to make a particular decision. The defendant, the victim, the civil plaintiff and the defendant can participate in the debate.
The fourth stage - sentencing - is the final procedure of the trial. The court pronounces the verdict in the deliberation room. The verdict is announced at the court hearing.

Violation of the sequence or exclusion of any stage of the process entails the nullity of the legal force of a legal act, and the judge may lose his title, since a check of his professional suitability will begin.

The clear structure of the above stages makes it possible to examine the evidence and identify the essential truth . Each of the stages enshrined in legislation and describing judicial proceedings in criminal proceedings has its own specifics and features.

Main stages of the criminal process

In criminal proceedings, there are several stages of trial. They are all involved to comply with the rules and procedural formalities involved. To identify the composition and main signs of a crime, specialists use the following steps:

Introduction. This option opens the door to research work. Within their framework, the court will highlight the subsequent essence of each action and answer a number of basic questions that need to be clarified.
Litigation . They are considered the key moment of the proceedings, as it involves speaking and presenting the necessary evidence. It will be necessary to repeat investigative actions after the court's decision. The investigation in this case begins from the moment of presentation to the defendant himself. Then evidence is provided. The basic order can be determined by one party. The parties may invite eyewitnesses and specialists who could confirm their own position.
Independent stages . A debate arises between the parties, or the opinion of the perpetrator is reflected as interconnected matters. Debate - a defensive speech by a lawyer, an accused. At this stage, all parties will sum up what has been said. The main positions are immediately clarified, they ask the court about the need to make any decision.
The verdict is the final moment of the trial. It is proclaimed in the courtroom.

Preparation for consideration

This stage considers preparation for litigation, checking the attendance of the main participants, and resolving the raised issue of the need to continue the meeting:

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In the presented stage, the judge opens the hearing and announces that the case is subject to mandatory trial.
The court secretary reports who is present and who, on the contrary, decided not to appear at the hearing.
The bailiffs or the secretary must remove the witnesses and then invite everyone one by one to testify. The bailiffs will have to make sure that the witnesses who testified do not talk to each other.
The judge will have to establish the identity of the accused by asking for initials, date of birth and other important information.
The judge must announce all participants in the litigation. The judge will explain to the participants their rights and the opportunity to challenge.
The judge should inquire whether the participants have a request to call other witnesses or specialists who can provide information in the evidence base.
At the final stage, the judge gives permission to the question from the participants themselves. If necessary, the judge may postpone the hearing to another time.

Judicial investigation

Investigative proceedings, as one of the stages of litigation, occupy the main place. At this stage, participants can state their own positions on the presented case, and accordingly can present evidence. Interested parties can also invite and question eyewitnesses in the case under consideration; they can give evidence, but with the permission of the judicial representative.

Before the interrogation of the parties begins, the judge must clarify the relationship between the parties, explain their personal rights, obligations and warn that the participants do not forget about criminal liability for any refusal to give or provide false testimony. Eyewitnesses will be called one at a time and may remain in the courtroom after questioning. The defendant will be questioned first.

If leading questions are raised, anything that is not relevant to the case, then the judge automatically removes them. After the judicial interrogation, the question will be asked by the court. Young citizens under the age of fourteen, and by court decision up to eighteen years, can only be questioned with the participation of a legal representative.

Replies, pleadings and the last word of the defendant, as part of the process

The initial stage of this point is indicated by verbal confirmations of the main positions. If before the litigation, the lawyer constantly rejected the possibility of matching the charges or the identity of the ward, then it is during the legal proceedings that he can request that the prosecutor reclassify the charges. There are no regulations for carrying out this procedure; if the speaker deviates from the main question, the floor will be transferred to another speaker.

At this stage, participants will highlight one of the most important schemes:

analysis of the evidence base presented by one or another opponent;
coverage of violations of rights and procedural standards, both at the initial stage of initiating proceedings and during the completion of the identified stage;
the parties often characterize important circumstances examined by the court;
assessment of qualifications, as well as the presence or absence of the main signs of a criminal act;
the character of the accused is assessed;
personal opinion about the likelihood of punishment or release of the parties;
assessment of the danger to society, or the deed may be of insignificant nature.

In the practice of scientists, such actions are considered different stages of the judicial process. Each item has completely different goals. But the legislator combines all these procedures into a single article, therefore these actions are considered interrelated.

The listed actions draw a line between the previously listed stages. The parties will only have to wait for the judge from the courtroom and listen to the verdict.

Ruling and sentence

The court considers the verdict in the deliberation room. The verdict will be announced only at the court hearing.

When pronouncing a verdict in the conference room, the court will decide the main issues that will be indicated in Art. 299 Code of Criminal Procedure of the Russian Federation. In the future, the court will prepare a text for issuing a verdict, which will consist of three parts: introductory, description, and operative. The latest version of the sentence will indicate the same procedure for appealing the court verdict.
The verdict will be pronounced at the court hearing on behalf of the state. The verdict will be heard standing.
At the time of the acquittal, or sentence, no prison sentence will follow. The accused who is in custody is immediately released.

Preparing for trial

The stage of preparing a case for trial follows after civil proceedings have been initiated. The main goal of the case preparation stage is to ensure the correct and timely consideration and resolution of the case.

After submitting and accepting the application, the judge makes a decision on preparation for trial - this is a mandatory stage . It is the basis of the entire process.

And the preparatory actions carried out at this stage of civil proceedings determine the course and results of the proceedings as a whole.

Practice shows that the most common reason for overturning a court decision in cassation and supervisory procedures is incomplete clarification of the circumstances that are important for the case precisely at the preparatory stage.

The main tasks of preparing a case for trial:

Clarification of factual circumstances that are important for the correct resolution of the case.
Determination of the law that must be followed during the proceedings and the establishment of legal relations between the parties.
Resolution of the issue of the composition of persons participating in the case.
Reconciliation of the parties.

In accordance with the legislation of 2022, each of the tasks of preparing a case for trial is a mandatory element of this stage of the process. Failure to comply with any of them may result in unnecessary delay of the trial and a miscarriage of justice.

Clarification of the circumstances that are relevant to the correct resolution of the case is the actions of the judge and persons participating in the process to determine the facts that underlie the claims and objections of the parties.

If the parties are mistaken regarding facts of legal significance, the judge explains to them what facts are important for the case and who has the responsibility to prove them.

When determining the law or other legal act that must be followed when considering a case, it is important to remember that they must be determined based on the subject and basis of the claim.

When providing evidence, the judge takes into account the peculiarities of his position in a valid trial . Already at the stage of preparing the case, the judge is obliged to create conditions for a comprehensive and complete study of the circumstances that are important for the correct resolution of the case.

Evidence provided by the parties and other persons involved in the case is checked by the judge for its relevance and admissibility.

The task of reconciliation of the parties is to explain the possibility of conducting a mediation procedure, the advantages of ending the case amicably, explaining that in its legal force the determination to approve the settlement agreement is not inferior to a court decision and, if necessary, is also subject to enforcement.

The task of reconciliation is also to comply with the procedure for approving a settlement agreement.

Commentary on Article 316 of the Code of Criminal Procedure of the Russian Federation

1. In addition to the circumstances specified in part 4 of this article, the judge also asks the defendant whether he fully agrees not only with the accusation, but also with the civil claim, if one is filed.

2. If several persons are accused in a case, and only one accused has filed a petition for a verdict without a trial, such a case against all accused should be considered in the general manner.

3. The judge makes a verdict based on the evidence already collected in the criminal case at that time. Research (verification) and assessment of evidence collected in a criminal case in the general manner are not carried out (Part 5 of Article 316). This means that, as a general rule, a judicial investigation is not conducted at a court hearing, that is, investigative actions are not carried out, testimony and protocols of investigative actions, expert opinions and other documents are not read out. An exception is provided only for the study of circumstances characterizing the personality of the defendant, as well as circumstances mitigating and aggravating the punishment. It can be carried out by all methods provided for by the criminal procedure law, including by examining additionally presented materials, as well as interrogating witnesses on these circumstances <1>. The judge's assessment of the evidence has, to a certain extent, a special character. Thus, the judge must evaluate the evidence presented mainly based on the written materials of the case and make sure that the accusation with which the defendant agreed is legal, justified and supported by the evidence available in the case materials (Part 7 of the article). However, the judge’s analysis of the evidence and its assessment are not reflected in the verdict. Only a description of the criminal acts is provided, as well as the court’s conclusions about compliance with the conditions of the sentence without a trial. At the same time, the sentencing of the defendant must be motivated in the sentence.

——————————— <1> See: paragraph 10 of the Resolution of the RF Supreme Court of December 5, 2006 N 60 “On the application by courts of a special procedure for the trial of criminal cases” // BVS of the Russian Federation. 2007. N 2.

4. Since the court examines only the circumstances characterizing the personality of the defendant, and the circumstances mitigating and aggravating the punishment (part 5 of the article), it does not have the right to deny the parties the opportunity to participate in the debate, and the defendant to speak out on these issues in the last word in the order , provided for in Art. Art. 292 and 293.

5. The law is silent on what the judge should do if he comes to the conclusion that, despite the defendant’s agreement with the prosecution, the evidence collected by the prosecution during the preliminary investigation is not convincing enough and it is impossible to give it a final assessment without direct examination in the conditions of the judicial investigation. In particular, can he order an acquittal or a full trial? In previous editions of this commentary, the point of view was defended that the law does not contain obstacles to an acquittal in these cases and in a special procedure <1>. In doing so, we put forward the following arguments. In the articles chap. 40 does not contain a prohibition on the acquittal of the defendant. In part 7 rooms. The article only states that “if the judge comes to the conclusion that the accusation agreed with by the defendant is justified and supported by the evidence collected in the criminal case, then he will pronounce a guilty verdict.” This provision is not at all equivalent to a prohibition on an acquittal if the judge is satisfied that the charge is completely unfounded. Otherwise, the acquittal is subject to undue discrimination. In fact, why is it possible to pronounce a guilty verdict without directly examining the evidence supporting the accusation, but it is impossible to pronounce a verdict of acquittal? After all, doubts are interpreted in favor of the defendant. It should be remembered that the purpose of criminal proceedings is that “criminal prosecution and the imposition of a fair punishment on the guilty correspond to the purpose of criminal proceedings to the same extent as the refusal to prosecute the innocent, releasing them from punishment, and the rehabilitation of everyone who was unreasonably subjected to criminal proceedings.” persecution” (Part 2 of Article 6). If there is insufficient incriminating evidence, the court, by sending the case for trial in the general manner, would thereby initiate the continuation of activities to substantiate the accusation and perform an accusatory function unusual for the court. When agreeing to a verdict in a special manner, the prosecution must bear the full burden of proof, i.e. accept the adverse consequences of failure to prove the accusation, incl. in the form of an acquittal of the defendant.

——————————— <1> See: Smirnov A.V., Kalinovsky K.B. Commentary on the Criminal Procedure Code of the Russian Federation. St. Petersburg: Knorus, 2004.

Initially, the Plenum of the Armed Forces of the Russian Federation, in paragraph 28 of its Resolution No. 1 dated 05.03.2004 “On the application by courts of the norms of the Criminal Procedure Code of the Russian Federation” insisted that when considering a case in a special order (Section X of the Code of Criminal Procedure of the Russian Federation), only a guilty verdict is provided . Therefore, in cases where the judge, before passing a sentence, determines that there are any circumstances in the case that prevent a conviction, or there are grounds for changing the classification of the crime, dismissing the case or acquitting the defendant, he makes a decision to terminate the special procedure for the trial and appoints consideration of the criminal case in accordance with the general procedure.

However, later the Plenum of the Supreme Court of the Russian Federation, in Resolution No. 60 dated December 5, 2006 “On the use by courts of a special procedure for the trial of criminal cases,” recognized that Chapter 40 of the Code of Criminal Procedure of the Russian Federation does not contain rules prohibiting the adoption in a case considered in a special procedure, other than a guilty verdict , court decisions, in particular, what the accused has done can be reclassified, and the criminal case itself can be terminated (for example, due to the expiration of the statute of limitations, changes in the criminal law, reconciliation with the victim, amnesty, refusal of the state prosecutor to charge), etc., if this does not require examination of the evidence collected in the case and the factual circumstances do not change (clause 12 of the Resolution). At the same time, the Plenum declared its previous clarifications (2004) on this issue to be invalid. Thus, now neither the law nor the resolutions of the Plenum of the Armed Forces of the Russian Federation contain any prohibition on the issuance in a special manner of court decisions other than a guilty verdict, in particular an acquittal. However, since the study and assessment of evidence collected in a criminal case is impossible here, then if clarification of new factual circumstances of the case is required to reach a verdict, the court must make a decision to terminate the special procedure for trial and order the consideration of the criminal case in a general manner.

6. Resolution of the Plenum of the Armed Forces of the Russian Federation dated December 5, 2006 N 60 also declared invalid the previous explanation contained in paragraph 28 of its Resolution dated March 5, 2004 N 1, that if the defendant disagrees with the grounds or scope of the civil claim brought, his petition for rendering a sentence without a trial is not subject to satisfaction. In these cases, the case should be considered on a general basis. From this it could be concluded that a special procedure can also be applied in the case of a civil claim, provided that the defendant does not challenge it. However, in Resolution No. 60 of 05.12.2006 “On the use by courts of a special procedure for the trial of criminal cases,” the Plenum of the Supreme Court of the Russian Federation took a slightly different position: “If a civil claim is brought in a criminal case considered in a special procedure, then, if there are appropriate grounds, it can be left without satisfaction, the proceedings on it are terminated, its satisfaction may be refused, or the claim may be decided to transfer it for consideration in civil proceedings, if this does not entail a change in the factual circumstances of the case” (paragraph 12). At the same time, taking into account the cancellation of the previously given clarification on the issue of a civil claim when making a court decision in a special manner, it becomes unclear whether the court can satisfy a civil claim, even if the defendant fully agrees with it? In our opinion, the new clarification of the Plenum leaves open the possibility of satisfying a civil claim, since it speaks only of cases where there are grounds that prevent the satisfaction of the claim. If there are no such grounds, the civil claim can be satisfied if the defendant agrees with it.

Judicial investigation

The judicial investigation, as a stage of the trial, occupies a central place. It is at this stage that the parties state their positions on the case and present evidence. The parties may invite and question witnesses in the case and give evidence with the permission of the court.

Before interrogating the participants in the process, the judge establishes their identity, clarifies their relationship to the defendant and the victim, explains their rights, obligations and warns about criminal liability for refusal to testify and for false testimony.

Witnesses are called one at a time and remain in the courtroom after questioning . The defendant is questioned first by the defense attorney. If leading questions arise or those that are not relevant to the case, the judge removes them. After questioning by both parties, the court asks questions.

Minors under the age of 14, and by court decision up to 18, are interrogated with the participation of a legal representative and a teacher. A minor is not required to sign a warning or criminal liability for giving false testimony. A minor may be interrogated in the absence of the defendant. After interrogation, he can leave the courtroom.

At the end of the trial, the judge asks whether the parties would like to supplement the judicial investigation. After considering all petitions, the judge announces the end of the investigation.

"JUSTICE and SECURITY"

The presented procedure for conducting a trial allows you to reliably track, analyze or predict the course of events that occurred, are occurring, or will occur at the court hearing.

1. The presiding judge, on the appointed day and time, opens the court session and announces which particular criminal case is to be tried. 2. The attendance of all persons summoned to the court session is mandatory checked, and the report of the secretary of the court session on the appearance of persons who must participate in the court session, and his report on the reasons for the non-appearance of absent persons, if any, is heard. 3. The presiding judge asks the witnesses to leave the courtroom until they are called. 4. The identity of the defendant and the fact of timely delivery of a copy of the indictment to him is established (a copy of the indictment must be served no later than 7 (seven) days before the start of the trial, of which there must be a receipt in the case in accordance with Part 2 of Art. 233 Code of Criminal Procedure of the Russian Federation). 5. The composition of the court is announced. 6. The right to challenge the composition of the court or any of the judges is explained to all participants in the process. 7. The presiding judge finds out whether the participants in the criminal process have any challenges. Challenges to the court or judges, as well as to the prosecutor, court secretary, translator, expert, specialist, defense lawyer, representatives of the victim, civil plaintiff, civil defendant are resolved in the deliberation room in accordance with Art. 65, 66 and 68-72 of the Code of Criminal Procedure of the Russian Federation. 8. The presiding judge familiarizes the participants in the criminal process with the rules of the court session provided for in Art. 257 Code of Criminal Procedure of the Russian Federation. 9. The defendant is explained his rights under Art. 47 Code of Criminal Procedure of the Russian Federation. 10. The legal representative of a minor defendant is explained the rights provided for in Art. 428 Code of Criminal Procedure of the Russian Federation. 11. The injured party, in addition, is explained the right to reconciliation with the defendant accused of committing crimes of minor and medium gravity, if the defendant has made amends for the harm caused. 12. The presiding judge determines whether the civil plaintiff supports the civil claim filed by him during the investigation. 13. If the civil plaintiff abandons the civil claim, the court explains that abandonment of the civil claim entails the termination of proceedings on it. 14. The rights and responsibilities provided for in Art. are explained to the civil defendant or his representative. 54 Code of Criminal Procedure of the Russian Federation. 15. Consideration by the court of applications and petitions. 16. Consideration by the court of the issue of the possibility of trial. 17. The presiding judge listens to the opinions of the parties on the possibility of trial in the absence of a participant in criminal proceedings who has not appeared.

18. Judicial investigation: 18.1. The state prosecutor (prosecutor) announces the charge brought against the defendant (Part 1 of Article 273 of the Code of Criminal Procedure of the Russian Federation). 18.2. The presiding judge asks the defendant (Part 2 of Article 273 of the Code of Criminal Procedure of the Russian Federation): a) whether he understands the charge brought against him; b) whether he pleads guilty; c) whether he or his defense attorney wishes to express his attitude to the charges brought against him.

19. The procedure for examining evidence will be determined (Article 274 of the Code of Criminal Procedure of the Russian Federation). 20. The presiding judge announces the examination of evidence. 21. Interrogation of the defendant (Article 275 of the Code of Criminal Procedure of the Russian Federation). 22. Interrogation of the injured party (carried out according to the rules for interrogating a witness: the identity is established, the relationship to the defendant is clarified) (Articles 277-279 of the Code of Criminal Procedure of the Russian Federation). The injured party is explained its rights, duties and responsibilities, in accordance with Art. 56 Code of Criminal Procedure of the Russian Federation. 23. Interrogation of a witness (Article 278 of the Code of Criminal Procedure of the Russian Federation) (the identity of the witness is established, his relationship to the defendant and the victim is clarified). The witness is explained his rights, duties and responsibilities under Art. 56 Code of Criminal Procedure of the Russian Federation. 24. Addition to the judicial investigation (Article 291 of the Code of Criminal Procedure of the Russian Federation) (the submitted petitions are discussed, a decision is made, the necessary investigative actions are carried out). 25. The judicial investigation is declared completed. 26. Judicial debates (Content and order of debates of the parties, Article 292 of the Code of Criminal Procedure of the Russian Federation). 27. Replies (Part 6 of Article 292 of the Code of Criminal Procedure of the Russian Federation). 28. The defendant is given the last word of the defendant (provided in accordance with Article 293 of the Code of Criminal Procedure of the Russian Federation and cannot be limited in time). 29. The court announces the removal to the deliberation room to pronounce the verdict and announces the time of its announcement (Article 295 of the Code of Criminal Procedure of the Russian Federation).

Having studied the presented procedure for conducting a trial within the framework of the Criminal Procedure Code of the Russian Federation, you have the opportunity to prepare certain steps for defense or attack, which may subsequently play a decisive role in the sentencing.

Author: Kurilov E.V.

Settlement agreement in criminal proceedings

A settlement agreement is a unique and flexible tool for effectively resolving civil disputes of various kinds . The settlement agreement refers to conciliation procedures. At the same time, a set of measures is carried out that contribute to the reconciliation of the parties and maximum respect for their interests.

The settlement agreement does not have the nature of a pre-trial or out-of-court settlement, since it serves as one of the grounds for terminating proceedings in the case, is subject to mandatory approval by the court and is regulated by procedural rules. A settlement agreement cannot be concluded until a claim is filed by one of the parties.

Both individuals and legal entities can resolve the dispute by concluding a settlement agreement. The initiator of the conclusion can be any party, either personally or through a representative.

A settlement agreement can be concluded at any stage of the trial, in any instance. The main thing is that the settlement agreement must be concluded before the actual execution of the court decision.

Principles and objectives of judicial proceedings

After the case has been investigated and charges have been brought against specific defendants, criminal proceedings are sent to court. According to established legislation, judicial proceedings are the final stage of criminal proceedings. The consideration of one case can be carried out in the courts of the first, second and supervisory instances, but in the traditional sense, a trial means a court of the first level, which can bring charges. The Court of Appeal and the Supreme Court cannot accuse the subjects of the offense; they can confirm the decision of the first court or refute it.

The purpose of judicial proceedings is to establish the truth and objectively resolve the relationship between the state and the offender. The task of the judge, accordingly, will be to establish the fact of an offense, analyze evidence that confirms or refutes the commission of an illegal offense by the defendant, prove the guilt or innocence of a particular person, as well as apply the necessary measures corresponding to the gravity of the offense committed.

The trial has certain conditions that must be complied with. The hearing is based on the conditions prescribed in articles of the Code of Criminal Procedure of the Russian Federation 240 – 260:

the spontaneity of the meeting;
oral hearing;
publicity of legal proceedings;
consistency of composition;
the primacy of the judge;
equality of the parties;
wide range of hearing participants;
clear boundaries of the proceedings;
expanded powers of a judge;
legislator's adherence to rules and regulations.

The immediacy of each meeting is an objective assessment by the judge of all the evidence, on the basis of which he will subsequently be able to act without hesitation or doubt.

Legal proceedings are conducted in an oral format, all received case materials are read directly in the courtroom. Quite often, children are afraid to speak in the presence of the defendant, so he is taken out of the courtroom when a minor witness speaks. After the interrogation, the defendant returns to the courtroom, and the chairman announces the child’s information. If the witness is unable to attend the hearing on time or is in the hospital, video communication is used.

According to the condition of transparency, the activities of courts of the first level are subject to control by a higher authority. None of the information should be hidden from the inspection body, and the public also has the right to control the judicial branch of government. That is why, in most cases, the judicial procedure is open in nature; a closed meeting can be held only if there are compelling reasons.

The procedure for removing witnesses from the courtroom according to the Code of Criminal Procedure of the Russian Federation, Article 264

Each judge who begins the meeting must bring the case to its logical conclusion; if for some reason permitted by law, he cannot be present, he will be replaced by another servant of Themis. In this case, the consideration of the case will not continue from where it stopped, it will begin again.

During the hearing, only the judge can direct the actions of those present. He can give the right to vote to anyone, even if it is not his turn, stop the debate of the party, remove those involved in the case from the courtroom and do everything to ensure that the hearing does not turn into mass riots.

Both parties are equal and have the same rights, despite the fact that one party is the victim and the other is the violator of the law. None of the parties during legal proceedings can be humiliated or deprived of the right to defense. Moreover, until the verdict is announced, no one has the right to accuse the defendant of specific offenses, since the presumption of innocence applies. In addition to the main defendants in the case, there may be other people in the room who are interested in the objective outcome of the proceedings.

Each hearing has clear boundaries; the judge can only consider materials of one offense committed by the subject or subjects of the proceedings. Several proceedings, even if similar, cannot be considered at one meeting.

During the hearing of a case, the judge may have more power. That is, he can directly participate in the collection of evidence, expand the powers of prosecutors and investigators in accordance with established standards, and also make decisions to review decisions in the manner of supervision. A judge cannot deviate from the generally accepted norms of conducting legal proceedings; the procedure is clearly described in the norms of the Code of Criminal Procedure of the Russian Federation. The slightest deviation from the described rules may become a reason for the parties to the process to appeal to the court of appeal.

Difference between trial and preliminary investigation

Preliminary investigation is a stage of the criminal process, which consists of the activities of the inquiry body, investigator or interrogating officer to establish the presence or absence of factual and legal grounds for bringing a specific person as an accused. This is the second stage of the criminal process, which follows the initiation of a criminal case.

The difference between the trial stage and the preliminary investigation stage is that the latter precedes the judicial investigation, is carried out before the trial and for the trial. However, the case does not always go to court, since it may be terminated at the preliminary investigation stage.

At the stage of preliminary investigation, the actual circumstances of the crime and the person guilty of committing it are established. An important litigant appears and materials for the trial are prepared.

Thus, in criminal proceedings, the concept and meaning of trial should be understood. Its stages ensure justice and promote fair punishment.

The trial follows the preliminary investigation and differs from it in that it is a trial of the case in court. Preliminary investigation in criminal proceedings is carried out before trial.

Section X. SPECIAL PROCEEDINGS

RUSSIAN FEDERATION

CRIMINAL PROCEDURE CODE OF THE RUSSIAN FEDERATION

PART THREE. JUDICIAL PROCEEDINGS

Section X. SPECIAL PROCEEDINGS

On the application by courts of a special procedure for the trial of criminal cases, see Resolution of the Plenum of the Supreme Court of the Russian Federation dated December 5, 2006 N 60.

Chapter 40. SPECIAL PROCEDURE FOR MAKING A COURT DECISION

WHEN THE ACCUSED AGREES WITH THE CHARGES PICKED UP ON HIM

Article 314. Grounds for applying a special procedure for making a court decision

1. The accused has the right, with the consent of the public or private prosecutor and the victim, to declare agreement with the charge brought against him and to petition for a verdict without a trial in criminal cases for crimes for which the punishment, provided for by the Criminal Code of the Russian Federation, does not exceed 10 years of imprisonment freedom.

(as amended by Federal Law dated July 4, 2003 N 92-FZ)

2. In the case provided for in part one of this article, the court has the right to pronounce a sentence without conducting a trial in the general manner, if it is satisfied that:

1) the accused is aware of the nature and consequences of his petition;

2) the petition was submitted voluntarily and after consultation with the defense lawyer.

3. If the court determines that the conditions provided for in parts one and two of this article, under which the accused filed a motion, are not met, then it decides to schedule a trial in the general manner.

4. If the public or private prosecutor and (or) the victim objects to the petition filed by the accused, then the criminal case is considered in accordance with the general procedure.

Article 315. Procedure for filing a petition

1. The accused makes a request for a sentence without a trial in connection with the agreement with the charge brought in the presence of a defense lawyer. If the defense attorney is not invited by the defendant himself, his legal representative, or other persons on their behalf, then the participation of the defense attorney in this case must be ensured by the court.

2. The accused has the right to file a petition:

1) at the time of familiarization with the materials of the criminal case, about which a corresponding entry is made in the protocol of familiarization with the materials of the criminal case in accordance with part two of Article 218 of this Code;

2) at a preliminary hearing, when it is mandatory in accordance with Article 229 of this Code.

Article 316. Procedure for holding a court hearing and passing a verdict

(as amended by Federal Law dated July 4, 2003 N 92-FZ)

1. A court hearing at the request of the defendant to pronounce a sentence without a trial in connection with agreement with the charge brought is held in the manner established by Chapters 35, 36, 38 and 39 of this Code, taking into account the requirements of this article.

2. The court hearing is held with the mandatory participation of the defendant and his defense attorney.

3. Consideration of the defendant’s request for a verdict without a trial begins with the presentation of the charge brought against the defendant by the state prosecutor, and in criminal cases of private prosecution - with the presentation of the charge by the private prosecutor.

4. The judge asks the defendant whether he understands the charges, whether he agrees with the charges and whether he supports his petition for a verdict without a trial, whether this petition was submitted voluntarily and after consultation with a defense lawyer, whether he understands the consequences of a verdict without a trial . When the victim participates in the court hearing, the judge ascertains his attitude to the defendant’s petition.

5. The judge does not conduct a general examination and assessment of evidence collected in a criminal case. In this case, circumstances characterizing the personality of the defendant, and circumstances mitigating and aggravating the punishment can be examined.

6. If the defendant, public or private prosecutor, or victim objects to the sentencing without a trial or on his own initiative, the judge makes a decision to terminate the special procedure of the trial and order the consideration of the criminal case in the general procedure.

7. If the judge comes to the conclusion that the accusation agreed with by the defendant is justified and supported by evidence collected in the criminal case, then he will pronounce a guilty verdict and assign the defendant a punishment that cannot exceed two-thirds of the maximum term or amount of the most severe type of punishment provided for the crime committed.

8. The descriptive and motivational part of the guilty verdict must contain a description of the criminal act, the charge of which the defendant agreed to, as well as the court’s conclusions about compliance with the conditions of the verdict without a trial. The judge's analysis of the evidence and its assessment are not reflected in the verdict.

By Federal Law of December 29, 2010 N 433-FZ, from January 1, 2013, in part nine of Article 316, the words “Chapter 43” will be replaced by the words “Chapter 45.1”.

9. After pronouncing the verdict, the judge explains to the parties the right and procedure for appealing it, provided for in Chapter 43 of this Code.

10. Procedural costs provided for in Article 131 of this Code are not subject to recovery from the defendant.

By Federal Law of December 29, 2010 N 433-FZ, from January 1, 2013, Article 317 will be stated in a new wording.

Article 317. Limits of appealing a sentence

A sentence passed in accordance with Article 316 of this Code cannot be appealed through the appellate and cassation procedures on the grounds provided for in paragraph 1 of Article 379 of this Code.

Chapter 40.1. SPECIAL PROCEDURE FOR MAKING A COURT DECISION

WHEN CONCLUSING A PRE-TRIAL COOPERATION AGREEMENT

(introduced by Federal Law dated June 29, 2009 N 141-FZ)

Article 317.1. The procedure for filing a petition for concluding a pre-trial cooperation agreement

1. A request to conclude a pre-trial agreement on cooperation is submitted by the suspect or accused in writing to the prosecutor. This petition is also signed by the defense attorney. If the defense attorney is not invited by the suspect or accused himself, his legal representative, or on behalf of the suspect or accused by other persons, then the participation of the defense attorney is ensured by the investigator.

2. A suspect or accused has the right to file a petition to conclude a pre-trial cooperation agreement from the moment the criminal prosecution begins until the announcement of the end of the preliminary investigation. In this petition, the suspect or accused indicates what actions he undertakes to perform in order to assist the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime.

3. A request to conclude a pre-trial agreement on cooperation is submitted to the prosecutor by the suspect or accused, his defense attorney through the investigator. The investigator, having received the said petition, within three days from the moment of its receipt, either forwards it to the prosecutor along with a reasoned resolution agreed upon with the head of the investigative body to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with the suspect or accused, or issues a resolution to refuse satisfaction petitions for concluding a pre-trial cooperation agreement.

4. The investigator’s decision to refuse to satisfy a request to conclude a pre-trial agreement on cooperation can be appealed by the suspect or accused, his defense attorney to the head of the investigative body.

Article 317.2. The procedure for considering a request to conclude a pre-trial cooperation agreement

1. The prosecutor shall consider the petition for concluding a pre-trial cooperation agreement and the investigator’s decision to initiate a petition to the prosecutor for concluding a pre-trial cooperation agreement with the suspect or accused within three days from the moment of its receipt. Based on the results of the consideration, the prosecutor makes one of the following decisions:

1) to satisfy the request to conclude a pre-trial cooperation agreement;

2) to refuse to satisfy the request to conclude a pre-trial cooperation agreement.

2. A decision to refuse to satisfy a request to conclude a pre-trial agreement on cooperation may be appealed by the investigator, suspect or accused, or his defense attorney to a higher prosecutor.

Article 317.3. The procedure for drawing up a pre-trial cooperation agreement

1. The prosecutor, having adopted a resolution to satisfy the request to conclude a pre-trial agreement on cooperation, invites the investigator, the suspect or accused and his defense attorney. With their participation, the prosecutor draws up a pre-trial cooperation agreement.

2. The pre-trial cooperation agreement must indicate:

1) date and place of its preparation;

2) an official of the prosecutor's office entering into an agreement on the part of the prosecution;

3) last name, first name and patronymic of the suspect or accused entering into an agreement on the part of the defense, date and place of his birth;

4) a description of the crime indicating the time, place of its commission, as well as other circumstances subject to proof in accordance with paragraphs 1 - 4 of part one of Article 73 of this Code;

5) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for this crime;

6) actions that the suspect or accused undertakes to perform when he fulfills the obligations specified in the pre-trial cooperation agreement;

7) mitigating circumstances and norms of criminal law that can be applied to the suspect or accused if the latter complies with the conditions and fulfills the obligations specified in the pre-trial cooperation agreement.

3. A pre-trial cooperation agreement is signed by the prosecutor, the suspect or accused, and his defense attorney.

Article 317.4. Conducting a preliminary investigation against a suspect or accused with whom a pre-trial cooperation agreement has been concluded

1. A preliminary investigation into a criminal case separated into separate proceedings in accordance with paragraph 4 of part one of Article 154 of this Code in relation to a suspect or accused with whom a pre-trial cooperation agreement has been concluded is carried out in the manner established by Chapters 22 - 27 and 30 of this Code, taking into account the features provided for in this article.

2. A petition to conclude a pre-trial cooperation agreement, an investigator’s resolution to initiate a petition to the prosecutor to conclude a pre-trial cooperation agreement with a suspect or accused, a prosecutor’s resolution to satisfy a request to conclude a pre-trial cooperation agreement, a pre-trial cooperation agreement are attached to the criminal case.

3. In the event of a threat to the safety of a suspect or accused with whom a pre-trial agreement on cooperation has been concluded, his close relatives, relatives and close persons, the investigator shall issue a resolution to store the documents specified in part two of this article in a sealed envelope.

4. After the completion of the preliminary investigation, the criminal case, in the manner established by Article 220 of this Code, is sent to the prosecutor for approval of the indictment and issuing a statement on the accused’s compliance with the conditions and fulfillment of the obligations stipulated by the pre-trial cooperation agreement concluded with him.

Article 317.5. Prosecutor's submission on a special procedure for holding a court hearing and making a court decision in a criminal case against an accused person with whom a pre-trial cooperation agreement has been concluded

1. The prosecutor, in the manner and within the time limits established by Article 221 of this Code, considers the criminal case received from the investigator against the accused with whom a pre-trial cooperation agreement has been concluded, as well as materials confirming the accused’s compliance with the conditions and fulfillment of the obligations provided for in this agreement, and if the indictment is approved, issues a proposal on the special procedure for holding a court hearing and making a court decision in this criminal case. The submission indicates:

1) the nature and extent of the accused’s assistance to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the importance of cooperation with the accused for solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

3) crimes or criminal cases discovered or initiated as a result of cooperation with the accused;

4) the degree of threat to personal safety to which the accused, his close relatives, relatives and close persons were exposed as a result of cooperation with the prosecution.

2. In the submission, the prosecutor also certifies the completeness and truthfulness of the information provided by the accused when he fulfills the obligations stipulated by the pre-trial cooperation agreement concluded with him.

3. A copy of the presentation made by the prosecutor is handed over to the accused and his defense attorney, who have the right to present their comments, which are taken into account by the prosecutor if there are grounds for doing so.

4. No later than three days from the moment the accused and his defense attorney familiarize themselves with the presentation, the prosecutor sends the criminal case and the presentation to the court.

Article 317.6. Grounds for applying a special procedure for holding a court hearing and making a court decision in a criminal case against an accused person with whom a pre-trial cooperation agreement has been concluded

1. The basis for the court to consider the issue of a special procedure for holding a court hearing and making a court decision in a criminal case in relation to an accused person with whom a pre-trial cooperation agreement has been concluded is a criminal case received by the court with the presentation of the prosecutor specified in Article 317.5 of this Code.

2. A special procedure for holding a court hearing and making a court decision in a criminal case against an accused with whom a pre-trial cooperation agreement has been concluded is applied if the court is satisfied that:

1) the state prosecutor confirmed the active assistance of the accused to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the pre-trial cooperation agreement was concluded voluntarily and with the participation of a defense lawyer.

3. If the court determines that the conditions provided for in parts one and two of this article are not met, then it makes a decision to schedule a trial in accordance with the general procedure.

4. The provisions of this chapter do not apply if the assistance of the suspect or accused to the investigation consisted only in reporting information about his own participation in criminal activity.

Article 317.7. The procedure for holding a court hearing and sentencing a defendant with whom a pre-trial cooperation agreement has been concluded

1. The court hearing and sentencing against the defendant, with whom a pre-trial cooperation agreement has been concluded, are carried out in the manner established by Article 316 of this Code, taking into account the requirements of this article.

2. The court hearing is held with the mandatory participation of the defendant and his defense attorney.

3. The court hearing begins with the state prosecutor presenting the charges brought against the defendant, after which the state prosecutor confirms the defendant’s assistance in the investigation, and also explains to the court what exactly it was.

4. In this case, the following should be investigated:

1) the nature and extent of the defendant’s assistance to the investigation in solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

2) the importance of cooperation with the defendant for solving and investigating the crime, exposing and prosecuting other accomplices in the crime, and searching for property obtained as a result of the crime;

3) crimes or criminal cases discovered or initiated as a result of cooperation with the defendant;

4) the degree of threat to personal safety to which the defendant, his close relatives, relatives and close associates were exposed as a result of cooperation with the prosecution;

5) circumstances characterizing the personality of the defendant, and circumstances mitigating and aggravating the punishment.

5. The judge, having made sure that the defendant has met all the conditions and fulfilled all the obligations stipulated by the pre-trial cooperation agreement concluded with him, makes a guilty verdict and, taking into account the provisions of parts two and four of Article 62 of the Criminal Code of the Russian Federation, assigns a punishment to the defendant. At the discretion of the court, the defendant, taking into account the provisions of Articles 64, 73 and 80.1 of the Criminal Code of the Russian Federation, may be given a more lenient punishment than provided for the crime, a suspended sentence, or he may be released from serving the sentence.

6. The descriptive and motivational part of the conviction must contain a description of the criminal act of which the defendant is accused, as well as the court’s conclusions about the defendant’s compliance with the conditions and fulfillment of the obligations stipulated by the pre-trial cooperation agreement concluded with him.

By Federal Law of December 29, 2010 N 433-FZ, from January 1, 2013, in part seven of Article 317.7, the words “Chapter 43” will be replaced by the words “Chapter 45.1”.

7. After pronouncing the verdict, the judge explains to the parties the right and procedure for appealing it, provided for in Chapter 43 of this Code.

Article 317.8. Review of a sentence passed against a defendant with whom a pre-trial cooperation agreement has been concluded

If, after sentencing the defendant in accordance with the provisions of this chapter, it is discovered that he deliberately provided false information or deliberately concealed any significant information from the investigation, then the sentence is subject to review in the manner prescribed by Section XV of this Code.

Article 317.9. Security measures applied to a suspect or accused with whom a pre-trial cooperation agreement has been concluded

1. If it is necessary to ensure the safety of a suspect or accused with whom a pre-trial agreement on cooperation has been concluded, his close relatives, relatives and close persons, security measures provided for in Article 11 and paragraph 4 of part two of Article 241 of this Code are applied.

2. A suspect or accused with whom a pre-trial cooperation agreement has been concluded shall be subject to all measures of state protection of victims, witnesses and other participants in criminal proceedings provided for by federal law.