The end of the trial is the pronouncement of a verdict by the judge. The decision is announced to all participants in the process, but it is not considered an unconditional recognition of the defendant’s guilt.
Any verdict can be appealed, for which citizens turn to cassation and appeal authorities, as well as other supervisory government institutions. You can appeal a court decision after a significant period of time. As soon as the sentence comes into force, the legal status of the defendant changes and he becomes a convicted person. This leads to new rights and responsibilities.
The article contains detailed information about the time frame for the entry into force of the court verdict.
Concept
Court workers strictly ensure that any verdict is executed within a strictly defined time frame. Unlawful delays become the basis for drawing up a complaint by representatives of the Criminal Enforcement Inspectorate.
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First, the judge makes and announces a verdict, and then 10 days are given for the defendant to appeal the decision through the court of cassation or appeal. If the deadline has passed, then only after that the sentence comes into force.
Legal deadlines
As soon as the judge pronounces his decision, the appeal period begins, which lasts only 10 days. During this period of time, the defendant has the right to appeal. If a complaint is not filed, then after 10 days the verdict is considered to come into force.
If a decision is made by the court of appeal, it enters into legal force immediately on the day of adoption. This time period includes holidays and weekends. The accused receives a verdict within 5 days after the verdict is rendered. If a citizen is in a pre-trial detention center, the court verdict comes into force when a copy of the conclusion is handed over to the convicted person.
Attention! If a person is under house arrest or custody, then the period for appeal is reduced to three days.
Order
The Russian judicial system consists of several levels, represented by courts of first or second instance.
The following courts are of first instance:
- global;
- regional;
- urban.
The courts of appeal and cassation are considered to be of second instance. The former make decisions regarding the punishment of criminals, and also make final verdicts. The latter are engaged in assessing the legality of sentences.
According to Art. 390 of the Code of Criminal Procedure, a court decision is mandatory for execution after the end of the appeal period or from the date the decision is made by the cassation court. It is allowed to reinstate the appeal period if there are valid reasons that can be proven documented.
The use of a multi-stage trial process allows each person to prove his own innocence before the execution of the sentence begins.
If the defendant decides to withdraw the appeal, then the court decision comes into force when the appeal proceedings are closed.
Partial entry into force of a decision is allowed, for example, if a sentence is passed against several defendants, but only one citizen files an appeal. A verdict that has not been appealed within 10 days is binding on all participants in the criminal process , local authorities and state authorities.
Therefore, the perpetrator of the crime must be punished, compensate losses to the victims, or take other actions. In this case, there is no possibility of re-examining the proceedings in which the decision was made.
Sentence structure
Article 304. Introductory part of the sentence
The introductory part of the sentence contains the following information:
1) on rendering a sentence in the name of the Russian Federation;
2) date and place of sentencing;
3) the name of the court that rendered the verdict, the composition of the court, information about the secretary of the court session, about the prosecutor, about the defense lawyer, the victim, the civil plaintiff, the civil defendant and about their representatives;
4) last name, first name and patronymic of the defendant, date and place of birth, place of residence, place of work, occupation, education, marital status and other data about the personality of the defendant relevant to the criminal case;
5) paragraph, part, article of the Criminal Code of the Russian Federation, providing for liability for the crime of which the defendant is accused.
Article 305. Descriptive and motivational part of the acquittal
1. The descriptive and motivational part of the acquittal states:
1) the essence of the accusation;
2) the circumstances of the criminal case established by the court;
3) the grounds for the acquittal of the defendant and the evidence supporting them;
4) the reasons why the court rejects the evidence presented by the prosecution;
5) reasons for the decision regarding the civil claim.
2. It is not permitted to include in an acquittal sentence language that casts doubt on the innocence of the acquitted person.
Article 306. The operative part of an acquittal
1. The operative part of the acquittal must contain:
1) last name, first name and patronymic of the defendant;
2) the decision to find the defendant innocent and the grounds for his acquittal;
3) the decision to cancel the preventive measure, if it was chosen;
4) a decision to cancel measures to ensure confiscation of property, as well as measures to ensure compensation for harm, if such measures were taken;
5) an explanation of the procedure for compensation for damage associated with criminal prosecution.
2. When rendering an acquittal, issuing a resolution or ruling to terminate a criminal case on the grounds provided for in paragraph 1 of part one of Article 24 and paragraph 1 of part one of Article 27 of this Code, the court shall refuse to satisfy the civil claim. In other cases, the court leaves the civil claim without consideration. Leaving a civil claim without consideration by the court does not prevent its subsequent filing and consideration in civil proceedings.
3. In the event of an acquittal, decision or ruling to terminate criminal prosecution on the basis provided for in paragraph 1 of part one of Article 27 of this Code, as well as in other cases when the person to be brought as an accused has not been identified, the court decides the issue of forwarding to the head of the investigative body or the head of the body of inquiry of the criminal case to conduct a preliminary investigation and identify the person to be brought in as an accused.
Which authorities enforce the verdict?
The court's decision becomes valid if the defendant does not file an appeal within 10 days. But if a complaint is filed, the verdict is assessed by the cassation or appeal court. It is these authorities who make decisions regarding the legality of a court decision.
There are other supervisory institutions above the courts of first and second instance, as well as the Supreme Court. To challenge the verdict, you have to make official statements to representatives of the protesting institutions. They act as a guarantor of justice and honesty, and also protect the population from court errors.
Important! According to statistics, on the territory of the Russian Federation the number of acquittals is less than 1%, but citizens can still use various methods of release from punishment.
When making a decision, the judge can use the following methods:
- deferment of execution of the verdict if there are compelling reasons, for example, if the defendant is a pregnant woman;
- release from any liability if, due to a serious illness, the offender cannot serve his sentence;
- changing the conditions of detention of a citizen if any preventive measure has already been applied to him;
- termination of the criminal prosecution process if the parties have reconciled or the optimal amount of the fine has been assigned;
- pronouncement of a guilty verdict.
The appeal is submitted to a representative of the court that made the decision, after which the case materials are transferred to a higher judicial body.
Requirements for sentencing
Article 297. Legality, validity and fairness of the sentence
1. The court's verdict must be legal, reasonable and fair.
2. A sentence is recognized as legal, reasonable and fair if it is passed in accordance with the requirements of this Code and is based on the correct application of the criminal law.
Commentary on Article 297
1. Fulfillment of the tasks facing the court in administering justice requires judges to ensure that the verdict in each case is legal, reasonable and fair.
2. The legality of the sentence means that in its form it corresponds to the law, and in content it is based on the materials of the case, which was investigated and considered by the court in strict accordance with the requirements of the criminal procedure law. The legality of the verdict also means that the court correctly applied the criminal law and all other laws and regulations.
3. The validity of the verdict means that the court, when making its decision: proceeded from the materials of the case considered at the court hearing; based his conclusions on reliable evidence in the aggregate, which excludes a decision other than that adopted by the court; deeply analyzed the elements of the crime and its qualifying features; if a person is found guilty, he imposes a punishment taking into account the nature and severity of the crime, the identity of the perpetrator and the circumstances of the case, mitigating and aggravating the punishment; if the defendant was found innocent, he acquitted him.
4. Justice as a concept is an ethical category that is a measure of “good” and “evil” in public consciousness and in social practice. According to the Code of Criminal Procedure, the fairness of a sentence is an unconditional requirement, non-compliance with which is regarded as grounds for reversing and changing the sentence (see commentary to Article 379).
5. Legality and validity are different concepts that characterize a sentence, but they are interdependent and inextricably linked. The concept of the legality of a sentence also includes its validity, since the requirement of validity is formulated in the criminal procedure law. It follows from this that an unfounded verdict is always illegal. At the same time, the illegality of a sentence may also mean that it is unfounded, since the norms of criminal procedure law establish a procedure for legal proceedings that allows for proper justification of the sentence. But in some cases, a reasonable verdict may turn out to be illegal. For example, when the verdict is not signed by any of the judges.
6. The fairness of the sentence is closely related not only to legality and validity, but also to the imposition of punishment, which is applied in order to restore social justice (Article 43 of the Criminal Code). It appears that an unjust sentence is, as a rule, illegal and unfounded.
7. The legality, validity and fairness of the sentence presupposes its motivation. The motivation for the verdict is intended to explain why the court made this or that decision, why it rejected this or that evidence. The court must substantiate the conclusions formulated in the verdict with specific evidence. All court conclusions about the guilt of the defendant, the classification of the crime, the chosen measure of punishment and the civil claim, etc. are subject to motivation. (see commentary to Article 307).
8. A lawful, justified and motivated verdict has great educational significance not only for the defendant, but also for the citizens present in the courtroom. It is these qualities of the verdict that allow citizens to judge its fairness and make the verdict convincing.
Difficulties
During the announcement of the court decision, parties who do not agree with the verdict can appeal it, for which they turn to the courts of the second level. But the process of filing a complaint has many difficulties, so citizens often violate the deadlines allotted for appeal.
The appeal is drawn up on the basis of the wording that makes up the verdict. If the defendant does not receive the decision in a timely manner, then he draws up a free-form complaint, to which an additional one is then attached.
Reference! It is advisable to entrust this issue to experienced lawyers who can easily draw up an appeal without violating the legal deadlines. They use proven formulations and also take into account all the materials in the case.
Rules for appealing a court decision
The following persons can file a complaint against the verdict with representatives of the court of cassation or appeal:
- convicted;
- the defendant's lawyer;
- the prosecutor, if the sentence is considered too lenient;
- the victim or his principal;
- plaintiff or defendant.
The time limits for appeal are slightly different for administrative and criminal cases. Based on the results of consideration of the complaint, the following decisions are made :
- sending documentation for re-examination of the case;
- changing the original verdict, which may be softened or tightened;
- initiation of pre-trial consideration of case materials;
- refusal to satisfy the request.
Appealing a verdict often allows the court's decision to be changed, which has positive consequences for victims or defendants. But to do this, you need to take into account the correct deadlines established at the legislative level, as well as have evidence of the need to change the verdict.
How to execute a court decision? Everything complicated in simple words
And so, let's deal with an important question,
How to execute a court decision?
If your case is considered by a court of general jurisdiction, the court decision will enter into legal force 10 days from the date of its issuance, if by an arbitration court - after a month. If the defendant files a complaint against the court's decision, the decision will come into force after consideration of the complaint - of course, unless it is canceled and the case is not sent for a new trial to the court of first instance.
The Federal Bailiff Service of Russia is the only enforcement agency in the Russian Federation and carries out the functions of compulsory execution of judicial acts, acts of other bodies and officials who, in the exercise of powers established by federal law, are given the right to impose on individuals and legal entities, the Russian Federation, constituent entities of the Russian Federation Federations and municipalities are obliged to transfer funds and other property to other citizens, organizations or the relevant budgets, or to perform certain actions in their favor or to refrain from performing these actions.
After the court decision enters into legal force, the plaintiff is issued a writ of execution to enforce the decision. If at a court hearing you file a petition to send a writ of execution for compulsory execution, the court will independently send it to the appropriate department of bailiffs. In all other cases, the writ of execution will be handed to you or sent to you by registered mail. If the decision is subject to immediate execution, the writ of execution is issued immediately, without waiting for the court decision to enter into legal force.
According to Article 36 of the Law “On Enforcement Proceedings,” a two-month period is established during which the requirements contained in the enforcement document must be fulfilled.
This period is traditional for legislation on enforcement proceedings.
The order of the bailiff on the execution of certain enforcement actions must be executed within fifteen days from the date of its receipt by the bailiff department.
The legislator separately stipulates the commencement of fulfillment of the requirements of executive documents for the reinstatement of an illegally dismissed or transferred employee.
Enforcement actions in this case must be started no later than the first working day after the date of receipt of the writ of execution by the bailiff department.
Article 211 of the Code of Civil Procedure of the Russian Federation establishes that a court order or court decision on: collection of alimony is subject to immediate execution; payment of wages to the employee for three months; reinstatement at work; inclusion of a citizen of the Russian Federation in the list of voters and referendum participants. Thus, immediate execution within the framework of enforcement proceedings means the performance of enforcement actions immediately, without giving the debtor time for voluntary execution.
Despite the fact that the law established a two-month period during which the requirements contained in the executive document must be fulfilled, it does not establish sanctions for missing the specified period. In addition, the expiration of the deadlines for carrying out enforcement actions and applying compulsory enforcement measures is not a basis for termination or completion of enforcement proceedings.
According to the Code of Civil Procedure of the Russian Federation, if a court decision has entered into legal force, the defendant has an obligation to fulfill it. Of course, you can wait patiently for the debtor to compensate for the damage caused, but then you take a little risk: the law establishes a three-year period for presenting a writ of execution for forced execution. Missing a deadline in accordance with Article 31 of the Federal Law “On Enforcement Proceedings” entails refusal to initiate enforcement proceedings.
It is more correct to take a different route - seek help from the bailiff service in
The parties to enforcement proceedings are the debtor and the claimant. The bailiff at this stage of the judicial process acts on behalf of the state, since it is the state that has taken upon itself the responsibility of administering justice, and is not interested in executing enforcement proceedings in favor of any of the parties, but performs its duties by virtue of the law. He is obliged to use the rights granted to him in accordance with the law and not to allow his activities to infringe upon the rights and legitimate interests of citizens and organizations.
If the debtor or claimant knows the grounds for challenging the bailiff, they can file an application addressed to the senior bailiff of the bailiff division before the commencement of enforcement actions, except in cases where the existence of grounds for challenge became known after the commencement of enforcement actions . The challenge must have serious grounds and cannot be filed only because, in your opinion, the bailiff does not have sufficient qualifications or is simply not sympathetic to you. The issue of recusal of a bailiff is resolved by the senior bailiff. Refusal to satisfy the challenge may be appealed in court within 10 days.
The bailiff is obliged to provide the parties to the enforcement proceedings or their representatives with the opportunity to familiarize themselves with the materials of the enforcement proceedings, make extracts from them, and make copies from them. The bailiff considers the statements of the parties regarding enforcement proceedings and their petitions, makes appropriate decisions, explaining the deadlines and procedure for appealing them. And of course, most importantly, he takes all measures for the timely, complete and correct execution of executive documents. To do this, he is given greater rights.
If we list these rights briefly, we can say that the bailiff has the right to receive the necessary information, explanations and certificates when carrying out enforcement actions; carry out accounting audits; seize the debtor's property and bank deposits; restrict the debtor's exit from the Russian Federation.
Giving the bailiff such rights is aimed at executing the decision specified in the executive document.
The claimant can and should demand from the bailiff the use of these rights. In addition, the claimant can participate in the execution of enforcement actions by the bailiff and even pay the costs of their implementation, which will subsequently be collected from the debtor and returned to the claimant.
The debtor has the right to know about the place and time of enforcement actions and to participate in them, but the burden of all adverse consequences caused by his evasion of participation falls on him. This means the following. For example, the debtor decided to leave the apartment or not open the door on the day the property was seized. The bailiff has the right to open the door, enter his home without the debtor’s consent and make an inventory of his property.
In the process of enforcement actions, both the claimant and the debtor can give oral and written explanations, express their arguments and considerations on all issues arising during the enforcement proceedings, object to the petitions, arguments and considerations of other persons participating in the enforcement proceedings, file challenges, appeal against actions (inaction) of the bailiff.
If, as a result of checking the property status of the debtor, it is established that the latter does not have funds and other property to satisfy your demands, the bailiff draws up an act of impossibility of collection and the writ of execution is returned to the claimant without execution. However, do not despair: the writ of execution can be presented for forced execution again within a three-year period (the presentation period is interrupted both by the presentation of the writ of execution for execution and by partial execution). It is possible that the debtor’s property status will change and this circumstance will entail the execution of the writ of execution presented by you.
During the enforcement process, it may also be necessary to search for the debtor or his property. To carry out this function, the Office of the Federal Bailiff Service of Russia in the Pskov Region has an interdistrict department of bailiffs for searching for debtors, property and interaction with law enforcement agencies.
According to the new law “On Enforcement Proceedings,” a writ of execution on the collection of periodic payments, on the collection of funds not exceeding 25 thousand rubles, can be sent by the collector himself to the organization that pays the debtor wages (pension, scholarship). In this case, the claimant submits an application indicating bank account details or the address to which funds should be transferred, as well as some other information about himself.
So, if you have a writ of execution issued by the court, then it must contain the requirements for writs of execution:
The Law on Enforcement Proceedings establishes general requirements for all types of enforcement documents defined in Art. 12 with the exception of decisions of the bailiff, court order and notarized agreement on the payment of alimony.
Law No. 229-FZ dated October 2, 2007 clarified the requirements for drawing up decisions in cases of administrative offenses, in particular, decisions on the collection of fines.
Yes, Art. 31.3 of the Code of Administrative Offenses of the Russian Federation, according to which a judge, body, or official, when sending a resolution in a case of an administrative offense to the body or official authorized to carry it out, makes a note on the said resolution about the day it comes into force or that it is subject to immediate execution.
Article 32.3 of the Code of Administrative Offenses of the Russian Federation, which regulates the procedure for executing a decision on the imposition of an administrative fine, collected at the place of commission of an administrative offense, includes the indication of the surname, first name, patronymic, year and place of birth, place of work and place of residence or place of stay of the person among the mandatory details of resolutions-receipts, brought to administrative responsibility.
Presentation of a document that does not meet the requirements of Art. 13, entails a refusal to initiate enforcement proceedings (subparagraph 4, paragraph 1, article 31 of the Law on Enforcement Proceedings).
An indication of the start time of the execution period must be made by the body authorized to issue the writ of execution.
A mandatory requirement for executive documents issued by judicial authorities is the signature of the judge who issued the relevant jurisdictional act and the official seal of the court. The absence of a signature or seal entails the invalidity of this executive document.
If an executive document is issued on the basis of an act of another body other than the judicial one, it must be signed by the relevant official of this body and certified by the seal of this body. If the executive document is signed by an official who is not authorized to sign it, the bailiff is obliged to refuse to initiate enforcement proceedings.
If the document is properly executed, then you have the right to present it for forced execution to the appropriate department of bailiffs, and send it directly to the place of work of your debtor.
Your decision may vary depending on your specific case.
If you decide to contact the bailiff service, then keep in mind that the presentation of the writ of execution is carried out by the recoverer or his authorized person, and an application form is filled out. In the application, in addition to the necessary data, you can indicate information about the debtor or his property, which will be taken into account and verified by the bailiff when executing the writ of execution.
Remember that the active participation of the claimant and his assistance can play a decisive role in ending the enforcement proceedings with actual execution.
