Types of court sentences, their parts, drafting and questions under Chapter 39 of the Code of Criminal Procedure of the Russian Federation

Concept, meaning and types of sentences

According to Art. 297 of the Code of Criminal Procedure of the Russian Federation, a verdict is a judicial conclusion to determine the guilt of the accused, assign legal sanctions, and release them. The verdict is passed by the court of first instance or appeal.

A guilty verdict is established if the accused is directly involved in the commission of an offense, confirmed by evidence identified during the preliminary investigation and presented in court at the hearing.

An acquittal is issued if the accused has nothing to do with the offense charged, the act of the accused does not constitute an offense, there is no action of the offense, or the jury has returned a not guilty verdict.

Verdict properties:

Legality. Determined by the form, content, correct use of the criminal law, other laws, and by-laws.
Validity. The result is based on truthful evidence, the elements of the offense and qualifying characteristics are analyzed.
Justice. The criminal case was examined impartially, the rights of the defendant were effectively ensured, a legitimate and reasoned conclusion was made, and the correct punishment was imposed.

Everything about criminal cases

Proclamation of the verdict, procedure and registration

I). First instance

— 310 Criminal Procedure Code

procedure for pronouncing the verdict

— clause 15, part 3, 259 Code of Criminal Procedure

the minutes of the meeting indicate the fact that the verdict was announced

- Part 7 241 Code of Criminal Procedure

announcement of only the introductory and operative parts

- Part 2 389.33 Code of Criminal Procedure

in the appeal only the introductory and operative parts are announced

— Part 11 401.13 Code of Criminal Procedure

in cassation the announcement is made according to the same rules as in the appeal

- Part 10 412.10 Code of Criminal Procedure

in supervision, the decision is made according to the same rules as in the appeal

Any criminal case that ends in a verdict has a final point - the announcement of the verdict.

Let's look at the nuances associated with this stage.

This procedure is described in 310 Code of Criminal Procedure

, we will consider non-obvious points.

So, after the judge returns from the deliberation room, he announces the verdict (you can read about what happens in the deliberation room and what mistakes the judge may make here: The Secret of the Deliberation Room

rooms, period of validity and consequences of violation).

The verdict is always announced in an open hearing - even if the proceedings themselves were closed ( clause 20

Plenum No. 35).

When proclaimed, everyone in the hall stands up and listens while standing ( Part 1 310 of the Code of Criminal Procedure

). Sometimes you have to stand for several hours, depending on the complexity of the sentence. Sometimes the reading of the verdict lasts for several days (with interruptions). The very reading of the verdict sometimes looks quite ridiculous - the judge is obliged to read everything, but is not obliged to read it in such a way that it is clear to everyone. Therefore, the proclamation procedure often turns into a long “muttering” of an incomprehensible text in front of those present who are straining their ears.

If there was a dissenting opinion

one of the judges - then it is not announced, but the judge must say when announcing the verdict that in principle it exists.

Who should be present when the verdict is announced?

Only the court and the defendant must be present.

The norm is 310 Code of Criminal Procedure

There is no requirement for the mandatory presence of other participants.
The norm of paragraph 15, part 3, 259 of the Code of Criminal Procedure
requires only two things to be cited in the protocol: the fact of announcement (implied with the date and time of announcement) and the fact of clarification of the right to submit comments. That's all.

In practice, it often happens that only the convicted person is present: neither a prosecutor nor a lawyer. There is no violation in this, because when the verdict is announced, the participant in the process cannot perform absolutely no procedural actions (no petitions, statements).

The announcement of the verdict is the stage when none of the parties can do anything. Actually, this is not even a stage, but rather a point in the trial.

The court is not always required to read the verdict in full.

In the first instance, as a general rule, the judge must read out the entire text of the verdict - i.e. read the introductory

,
motivational
and
operative
parts.

But there are exceptions when the motivation part is not read out ( Part 7 241 of the Code of Criminal Procedure

) – only the introductory and operative statements are read out (i.e., who is guilty of what and what they received for it is read out):

- if the case was considered in a closed meeting (which is logical, it was not closed for the purpose of revealing everything when it was announced).

- in economic cases (just saving time, there can be very long sentences).

- under certain articles of the Criminal Code (205 - 206, 208, part 4 211, part 1 212, 275, 276, 279 and 281 of the Criminal Code - this is terrorism, espionage, armed rebellion - there are too many nuances there that can be state secrets).

In the appellate instance, the court already has the right to announce only the operative part of absolutely any case ( Part 2 389.33 of the Code of Criminal Procedure

).
The same thing happens in cassation ( Part 11 401.13 of the Code of Criminal Procedure
) and supervision (
Part 10 412.10 of the Code of Criminal Procedure
).

The importance of the sentencing date

If the date of announcement cannot be determined from the minutes of the court hearing, then this is a reversal of the verdict.

Example: The absence in the protocol of information about the period of stay of the presiding judge in the deliberation room, the time of the end of the court session, which does not allow one to reliably establish the time of proclamation of the verdict and the observance of the secrecy of the meeting of judges (Resolution of the Presidium of the Nizhny Novgorod Regional Court dated October 10, 2018 N 44у-104/2018) .

Finding this date is easy: look at the end of the protocol of the court session, first there is the wording “the presiding officer announces that the announcement of the verdict will take place on such and such a date and retires to the deliberation room to pronounce the verdict.” Next there will be a line that the verdict has been announced and the date/time. (Note: for a selection of cases where an error in the minutes of a meeting may lead to the overturning of a verdict, see here: Protocol of the trial

meetings, a selection of practical materials).

Contradiction between the announced verdict and the written verdict

There is such a situation - during the announcement, those present hear one thing in the verdict, and then, having received a written verdict, they see something else. This affects, of course, not the main conclusion (guilty/not guilty) but the details of the sentence, for example, the presence of a relapse, the type of correctional institution, etc.

However, this is a fundamental violation of the principles of criminal procedure. Changing the verdict after it has been announced is not allowed ( Part 3 303 of the Code of Criminal Procedure

It would seem that such a mistake is a 100% reversal of the sentence.

The problem is how to prove all this. Even if the lawyer made an audio recording of the announcement of the verdict, when appealing, the higher courts simply say that such a recording is not a procedural document.

We considered the problem of attaching an audio recording of a meeting in the article: How to attach an audio recording

to the minutes of the court session.

However, let us remind you about the innovations of the Code of Criminal Procedure: from September 1, 2022, the change in Part 1 259 of the Code of Criminal Procedure

. There is an obligation for the court to conduct an audio recording of the entire process. An audio recording of a trial is not an audio recording of a party; you can’t just brush it aside, you can’t argue with yourself.

Where to look for the sentencing date

look at the penultimate paragraph at the end of
the protocol of the court
session, first there is the wording “the presiding officer announces that
the announcement
of the verdict will take place on December 12, 20__at 14.00 min.
and retires to the deliberation
room to pronounce the verdict.”

the last paragraph in the minutes of the meeting “December 12, 20__at 14.00 min. the trial was continued (this date is the date the verdict was announced).

— clause 15, part 3, 259 Code of Criminal Procedure

information on explaining the procedure for familiarizing yourself with the protocol

— clause 16, part 3, 259 Code of Criminal Procedure

information on clarification of the appeal procedure

— it is further indicated that the court explained the procedure for familiarizing with the protocol and the procedure for appealing ( clause 15

and
clause 16, part 3, 259 Code of Criminal Procedure
).

Preparation of the operative part and the full text of the verdict

—
clause 1
of Plenum No. 55, in any case, the verdict must contain all three parts

Features of drawing up a sentence

The verdict is created in the same language that was used at the trial. The verdict is signed by all judges, including the judge with a dissenting opinion. Amendments to the document are negotiated and certified by the signatures of all arbitrators in the deliberation room before the verdict is announced.

The verdict is divided into three parts: introductory, descriptive-motivational and operative.

The introductory part of the sentence is regulated by Art. 304 Code of Criminal Procedure of the Russian Federation. The date, place of the ruling, the name of the court, the panel that issued the verdict, the secretary, the prosecutor, the lawyer, the victim, the plaintiff, the defendant and their representatives are indicated here. All information relating to the identity of the accused is recorded. There is a reference to the paragraph, part and article of the normative document, according to which the accused is charged with responsibility for the act.

This is interesting:
General procedure for the preparatory part of a court hearing in criminal proceedings.
How is a judicial investigation carried out in accordance with Chapter 37 of the Code of Criminal Procedure of the Russian Federation.

The verdict, its structure and content

The Criminal Code defines a verdict as a written decision that reflects the opinion of the guilt of a person who has received the status of being accused of committing a crime.

Legal proceedings require that the content of the verdict indicate not only the decision of the judge, but also the essence of the criminal case under consideration, the evidence presented by the parties, the main points of the interrogation of the participants in the case, the conclusions reached by the court or juror, including legislative norms referred to by the subject of the trial .

In addition, such an important document includes the court decision itself, the essence of which lies in two aspects: guilty or innocent. If we are talking about the fact that the accused is found guilty, then the sentence immediately indicated in the decision. The document must contain references to regulations reflecting the rights of the parties to appeal the decision made by the judge. The contradiction that was identified during the consideration of the case must be taken into account when considering the materials and indicated in the procedural document. Its interpretation according to the current norms of the Code of Criminal Procedure is in favor of the accused.

Sentencing is the actual end of the criminal process. That is why it must contain all the information: the person involved, the act committed, the evidence presented to the judge, the facts and evidence on which other participants in the process were based, as well as the rules of law referred to by the court.

Publication of a valid document in the media or on the Internet is strictly prohibited. Even if the verdict is provided as information material, it should not have anything to do with real-life cases, it should not contain information about real persons or participants in the trial.

In criminal proceedings, there is another type of document that reflects the judge’s decision: rulings and rulings. In terms of importance, they are several levels lower than the verdict, but are also actively used in legal proceedings.

Cancellation of the current sentence is allowed only within the framework of an appeal to the appellate authority in accordance with Art. 384 Code of Criminal Procedure of the Russian Federation. To accept such a complaint, it must be submitted in a timely manner - 10 days from the announcement of the verdict.

Of particular importance is appealing against sentences that have already entered into legal force. The control or supervisory authority has the right to lodge such a complaint even if the standard 10-day period has already been missed. The cassation court will consider such an appeal.

An appeal or review of a case that has already passed through the judicial stage is not always allowed, but only in a number of clearly limited cases of the Code of Criminal Procedure of the Russian Federation. Here, someone’s assumption will not become the basis for accepting the considered material for revision; this is allowed only in cases where there are very compelling reasons and indisputable facts. The acceptance of documents for review by the cassation authority may mean that 80% of the verdict will be either canceled or changed.

The acquittal

Consequences of issuing an acquittal:

If a verdict of not guilty is rendered for the reasons specified in clause 1, part 1, art. 24 of the Code of Criminal Procedure of the Russian Federation (absence of a crime) and paragraph 1 of part 1 of Art. 27 of the Code of Criminal Procedure of the Russian Federation (non-involvement of the suspect in the commission of an offense), the court leaves the claim without satisfaction or without consideration. Further consideration of the application in civil proceedings is likely.
If an acquittal is made for the reason provided for in paragraph 1 of part 1 of Art. 27 of the Code of Criminal Procedure of the Russian Federation (non-involvement of the suspect in the commission of an offense) or the accused is unknown, the court returns the criminal case to the head of the investigative body or inquiry body for further investigation to identify the person responsible for the act in question.

Descriptive and motivational part

According to Art. 305 of the Code of Criminal Procedure of the Russian Federation, the descriptive and motivational part of the acquittal verdict must contain:

the essence of the accusation;
conditions of the criminal case outlined by the court;
grounds for justifying the accused, proving facts;
the reasons why the court denies the facts proposed by the prosecutors;
reasons for the conclusion in a civil suit.

The descriptive and motivational part of the acquittal verdict is divided into three parts:

establishing – the essence of the incriminated guilt, facts;
evidentiary – information supporting the final conclusion of the court that the defendant was not involved;
motivation - the grounds according to which the facts supporting the accusation are rejected, as well as the grounds for the conclusion in relation to the civil statement.

The operative part

Each sentence has an operative part. The resolution clarifies all the conclusions reached in the case:

on finding the accused innocent, reasons for acquittal;
on the abolition of the preventive measure;
on the cancellation of measures to confiscate property, on taking measures to compensate for damage;
explanation of compensation for damages related to criminal prosecution.

Proclamation of the verdict

The verdict is announced in the courtroom in the presence of the entire court. If the defendant does not speak Russian, an interpreter must be present in the courtroom to translate the verdict audibly simultaneously with its proclamation or immediately after its announcement.

If the defendant is sentenced to death, the court explains to the convicted person his right to petition for clemency.

As a general rule, the verdict is announced in open court. For a certain category of cases, in particular in cases of sexual crimes, in cases related to state, military or other secrets.

The court's verdict is announced in full; however, when considering a case in a closed court session, by decision of the court, the court announces only the introductory and operative part of the verdict.

Conviction

What types of convictions are provided for by the Code of Criminal Procedure of the Russian Federation and how do they differ from each other?

The Code defined three types of indictment:

With the appointment of punishment. The court determines the type of sanction, its size, and the beginning of the calculation of the term of imprisonment.
With the assignment of punishment and release from serving it. The court makes this verdict if, at the time of sentencing, the amnesty under the article imputed to the accused began to take effect or the period of pre-trial detention of the guilty person, taking into account the rules for offsetting the punishment, absorbs the time specified in the decision.
No punishment imposed.

Descriptive and motivational part

According to Art. 307 of the Code of Criminal Procedure of the Russian Federation, this part of the verdict states:

description of the action with reference to the place, time, method of execution, form of guilt, motives, goals and consequences of the act;
the facts according to which the court’s conclusion on the accused was approved and the reasons why the court did not accept other arguments;
reference to conditions mitigating and aggravating punishment, or grounds and reasons for changing the charge;
arguments for resolving issues related to a conviction, getting rid of it or serving it, and using other measures of influence.

The descriptive and motivational part of the guilty verdict must contain not only a description of the information of all participants in the process, but also the essence of this information, and, if necessary, their assessment.

The operative part

This part of the verdict is regulated by Art. 308 Code of Criminal Procedure of the Russian Federation.

The following information is required:

surname, name and patronymic of the accused;
a conclusion finding him guilty of committing the act;
clause, part, article of the Criminal Code of the Russian Federation indicating responsibility for the offense of which the citizen was found guilty;
the type and amount of sanctions approved to the perpetrator for each act for which his guilt has been proven;
the final amount of punishment to be served in accordance with Art. 69-72 of the Criminal Code of the Russian Federation;
the type of penitentiary institution where the person sentenced to imprisonment will serve his sentence, the regime of this institution;
the duration of the probationary period during a suspended sentence, the obligations imposed on the convicted person;
conclusion on auxiliary types of sanctions under Art. 45 of the Criminal Code of the Russian Federation;
determination on crediting the time of pre-trial detention specified in paragraph 1 of Part 6 of Art. 105.1 Code of Criminal Procedure of the Russian Federation;
conclusion on the preventive measure regarding the accused before the judicial act enters into legal force;
conclusion on the plan of movement of the sentenced person to the place of imprisonment, if the punishment is deprivation of liberty in a colony settlement;
restrictions of freedom applied to the accused;
when the offender is charged under several articles, the resolution indicates for which of them the convicted person is acquitted and for which he is subject to punishment.

The resolution contains an explanation of the method and time of its protest, the rights of the convicted person, who was acquitted, to file a petition to participate in the proceedings of the criminal case by the court of appeal.

Important! The final punishment for the totality of sentences in the form of imprisonment cannot exceed 30 years, except for the moments specified in Part 5 of Art. 56 of the Criminal Code of the Russian Federation (according to the totality of sentences - no more than 35 years).

Errors in the verdict

When talking about identified errors in the court's verdict, we mean technical typographical errors. In fact, making technical changes to a procedural document does not have to be difficult.

However, a verdict is a special type of document, changes to which must be made according to the established procedure. If one of the participants in the process identifies an error or typo in the document, it is necessary to submit a written application to the judge about the need to make changes to the text of the document.

After which, the judge checks the existing circumstances, checks the text of the sentence with the available documents, and only after that makes a decision to make changes. Moreover, in the criminal case itself, which continues to be stored in the court archives, both texts of the verdict will be present.

The rendered ruling is sent to all participants in the case, as well as the subsequently amended text of the sentence.

The procedure for making amendments and eliminating errors in the text of the procedural document:

identifying an error, typo or incorrect spelling;
filing an application for the need to make changes or amendments to the text of the procedural document;
a judge making a determination to make such changes;
issuing an amended sentence;
Distribution of the new text of the document to all participants in the process.

In practice, if it is necessary to make changes to the already announced text of the sentence, both the ruling and the new text of the document are issued by the judge on the same day and the two documents are sent to the participants in the criminal case together.

The court secretary can complete the paperwork in a pending criminal case only when he has documents from the executive body stating that the sentence has been accepted for execution.

In the case of an exculpatory document, legal proceedings can be closed only after receiving official confirmation that all participants in the process have received their copies and have not filed a complaint within the prescribed period.

A special property of the criminal process is that here every document, even an insignificant one, has a clearly developed form.

Penalties

The imposed fine without installment payment must be paid before the expiration of 60 days from the date of entry into force of the judicial act.

When the convicted person cannot immediately pay the fine, the court, at his request, applies an installment plan in the form of a fine for up to five years.

A convicted person to whom sanctions have been applied in the form of a fine with installment payment, as well as in respect of whom the court has adopted an act on installment payment of the fine, are required to pay the specified part of the fine within 60 days from the date the act came into force. The remaining installments must be paid each month no later than the end day of each subsequent month.

Requirements for sentencing

The form of this procedural document must be approved by the state.

The sentence must contain:

National emblem.
All current information about the defendant, including his education, marital status and the presence of minor children.
Full information about the judicial structure within whose walls the criminal case was considered.
Complete information about the judge, the composition of the court and the participants in the process.
A brief summary of the evidence base in the criminal case, on which the participants in the process based their positions.
A brief summary of the conclusions the judge reached after studying the case materials and hearing the participants.
The legal framework on which the parties and the court itself relied when deciding the case.
A complete list of the punishment that was imposed on the accused.
A complete list of procedural measures that must be taken against the accused. If he is found innocent: drop the charges, release from custody, stop criminal prosecution, etc.
Information about the deadlines and procedure for appealing a sentence.
Full name and signature of the judge who reviewed the case materials and made a decision.

Compliance with these requirements ensures that the sentence imposed is legal and binding after it enters into force.

Appealing court decisions

Only acts that have not entered into legal force can be appealed through the appeal procedure.

Any participant in the judicial proceedings has the right to file an appeal to the extent that the appealed court decision affects his rights and legitimate interests. A civil plaintiff, civil defendant or their representatives have the right to appeal a court decision insofar as it relates to the civil application.

An appeal, submission against a verdict, or other decision of the court of first instance can be filed within 10 days from the date of the ruling or other decision. For a convicted person in custody, the same period is established from the moment a copy of the verdict is handed over to him.

Attention! Having filed an appeal, a citizen can withdraw it before the hearing of the court of second instance.

The appellate court checks the legality, validity and fairness of the judicial act of the first instance court, taking into account the arguments of the appeals and presentations.

The meaning of the sentence

Procedural meaning of the sentence

The verdict is the most important act of justice, in which the procedural function of the court is realized - the function of resolving a criminal case. Only the verdict, unlike other court decisions, is pronounced and proclaimed by the court of first and appellate instances on behalf of the Russian Federation, being one of the manifestations of the sovereignty of the Russian state. It is the passing of a verdict that ends the consideration of the case in the court of first instance and criminal liability is imposed on the person or the possibility of his being brought to justice in this case is excluded. In Art. 50 of the Constitution of the Russian Federation enshrines the right of a convicted person to review a sentence by a higher court, which emphasizes the special importance of the sentence, which resolves issues of guilt and the imposition of criminal punishment. Article 392 of the Code of Criminal Procedure of the Russian Federation speaks of the generally binding nature of the sentence. This property of the sentence means that it is binding on all state and public enterprises, institutions and organizations, officials and citizens and is subject to execution throughout Russia. It is worth paying attention to only one point, which is the following - unlike other acts of law enforcement, a sentence acquires the property of being generally binding only after it enters into legal force. Without the generally binding nature of a sentence, its legal force becomes formal and loses its real meaning. Therefore, if necessary, execution of the sentence is ensured by state coercion in various forms, up to bringing persons guilty of failure to execute a court decision to criminal liability (Article 315 of the Criminal Code of the Russian Federation). A sentence that has entered into legal force has prejudicial significance. All circumstances established by a sentence that has entered into legal force or another court decision that has entered into legal force, adopted in the framework of civil, arbitration or administrative proceedings, are recognized by the court, prosecutor, investigator, inquirer without additional verification (Article 90 of the Code of Criminal Procedure of the Russian Federation). The general meaning of criminal procedural prejudice is that the conclusions contained in the verdict about the facts established by the court are mandatory for courts considering the same circumstances in civil proceedings, and are the basis for exemption from proof (Article 69 of the Code of Criminal Procedure of the Russian Federation, Article 61 of the Code of Civil Procedure of the Russian Federation ). Being the main act of justice in criminal cases on the one hand, it sums up the activities of the investigative bodies and the court of first instance; on the other hand, the verdict as the first step in the judicial resolution of all issues in a criminal case is the basis for the further development of subsequent institutions of judicial protection.

Social significance of the sentence

is as follows:

Firstly, the verdict, summing up the activities of the pre-trial preparation of materials and the court of first instance, acts as the only procedural document by which the defendant can be found guilty of committing a crime with all the ensuing social and legal consequences.

Secondly, the verdict ensures the protection of the rights, freedoms and legitimate interests of participants in criminal proceedings.

Thirdly, the sentence plays the role of a legal means of rehabilitation of persons who were illegally and unreasonably placed in the position of defendants.

Fourthly, the verdict expresses a socio-legal assessment of the danger of the criminal act and the person who committed it.

Fifthly, justice sentences form a proper sense of justice in society and provide an educational and preventive impact on citizens in terms of their law-abiding behavior.