Consideration of criminal cases by the courts in a special order: the pros and cons. Criminal Procedure Code of the Russian Federation
Judicial review of the case - one of the stages of criminal proceedings. During it, the materials are reviewed, the opinions of the parties and experts are heard, the arguments of the participants are considered. As a result, an indictment or acquittal is issued. The law providesgeneral and special procedure for the consideration of criminal cases.
According to the provisions of the law, the trial is based on the principles:
- Equality of the parties.
- The permanent composition of the court.
The trial begins after a preliminary investigation. It consists of the following stages:
- Preparation. During hercourt of first instanceplans and assigns follow-up activities.
- Preliminary meeting. It is held at the request of the parties or to address the issue of attracting jurors.
- Hearing. In the course of his stand side, are investigatedevidence in a criminal case, the accused has the last word, a ruling is issued.
Any party who disagrees with the verdict can challenge it. In this case, the case goes to appeal. If the decision to challenge the verdict was taken after its entry into force, the complaint is sent to the cassation.
The status of the accused
The prosecutor, the investigator, the court must explain to the person his duties and rights, as well as ensure the possibility to exercise his defense by all available means and methods. The status of the accused allows:
- Know why he is held accountable.
- Get a copy of the act of applying a preventive measure.
- To disagree with the prosecution, to testify. The investigator interrogates a citizen immediately after the charges are filed.
- Present evidence. The duty of collecting them is assigned to authorized employees.
- Claim withdrawals.
- Use (for free including) services of a defender.
- Participate in investigative measures taken at his request or attorney’s application, with the permission of an authorized employee.
- To get acquainted with the resolution on the examination, ask questions to a specialist.
- Examine the results of the investigation, make copies of the materials.
- File a petition for trial in a special order.
Conducting production is aimed at:
- Establishment or denial of a crime.
- Study materials to provide a legal assessment of the event in terms of legislation.
- The ruling on the innocence or guilt of the subject.
In cases stipulated by the norms, it is allowedconsideration of criminal cases by the courts in a special order.Consider it in detail.
Relevance of the issue
Many citizens who are brought to justice for the first time do not know how to act correctly if they agree with the accusation. Difficulties arise from the fact that people do not knowWhat does a special procedure for the consideration of a criminal case mean?. Meanwhile, it has practical significance both for the accused and for the body authorized to hear the case.
Criminal Procedure Code of the Russian Federationformulates various rights for the accused. If he agrees with the accusation, which is put forward to him, and the maximum sanction for the act does not exceed 10 years in prison, he can choose the method of conducting the proceedings. This may be a standard procedure, the stages of which were considered above, or a special procedure for the consideration of a criminal case. CPC contains Ch. 40. It enshrines the key provisions governing the special procedure. The conditions under which it is allowed to conduct proceedings not according to standard rules are determinedst. 314 Code of Criminal Procedure. Simply put, a special procedure is a type of production used in cases where a citizen fully admits guilt. Asgrounds for applying a special procedure for adjudicationadvocates the consent of the private / public prosecutor, as well as the victim to the sentencing without trial.
Maximumspecial punishmentshould not be more than 10 years. In the Criminal Code there are several relevant articles. These include, for example:
- Theft (158th article).
- Fraud (norm 159).
- Frowned (v. 160).
For crimes such as murder (Article 105), the infliction of grievous bodily harm, which caused the victim's death through negligence (art. 111, fourth part), he has been appointed for more than 10 years. Respectively,criminal trialin any of these cases is carried out according to a standard procedure.
Consideration of criminal cases by the courts in a special orderdoes not imply the deprivation of the citizen of the right to the production of materials that characterize him personally, were investigated. The designated authority may conduct questioning of witnesses, examine medical records to determine whether extenuating circumstances exist. In general, the court does not carry out a judicial investigation, does not interrogate the victim and other persons about the circumstances of the incident, does not examine evidence, written materials, does not appoint an examination, and so on. The special procedure of the proceedings does not provide for competition, debates and other events.
The final procedure selection is carried outcourt of first instance. The law establishes a special prescription for this. Sentencing without trial is allowed if the authorized body is satisfied that:
- A citizen understands the nature and consequences of his petition.
- The statement with the request was written by the accused voluntarily, after a conversation with a lawyer.
If these conditions are not met, the review will be conducted in a general manner. A similar result follows if at least from one participant in the proceedings an objection is filed. He can make the prosecutor, defense counsel, defendant, the victim.
Code allowed to submit a petition?
Criminal Procedure Code of the Russian Federationdetermines 2 points when the interested person can send a request:
- When reading the materials of the completed investigation.
- During the preliminary hearing.
It should be said that the preparatory meeting is not always held. Accordingly, the most appropriate would be the time of familiarization with the results of the investigation.
Consideration of criminal cases by the courts in a special orderAs mentioned above, it has practical implications for both the accused and the competent authorities. First of all, the legislator introduced a special procedure in order to save time. In general, production can be delayed for a fairly long time. In this case, even the simplest proceedings are stretched over several hearings.Consideration of criminal cases by the courts in a special ordercarried out in 1-2 meetings. The authorized body is obliged to check the validity and substantiation of the charge, with which the subject agrees. When sentencing the convicted person the sentence is mitigated.
That is, he is assigned 2/3 of the maximum size of the most severe sanctions for a crime. This relaxation is considered a key advantage of the procedure. Another advantage of a special order is the rule about the deliverance of the defendant from the compensation of costs, provided for by Art. 131 Code of Criminal Procedure, including the costs of the services of a lawyer involved in the appointment. Corresponding provisions fixes the 316th article. Actually, these two aspects constitute all the advantages of the procedure.
As practice shows, in the framework of the consideration of cases in accordance with the general procedure, the courts rarely appoint more than 2/3 of the maximum size of the sanctions. This is especially often the case when a citizen is involved for the first time, and no aggravating factors have been identified. In this regard, lawyers recommend to think carefully before agreeing to a special procedure, be guided only by the rule that it is impossible to receive a punishment exceeding 2/3 of the maximum.
First of all, it should be said that the legislation does not prescribe the negative consequences that the criminal case may cause in a special order. Cons manifest exclusively in practice. As mentioned above, in order to pass a sentence without a hearing, the authorized body must establish that the charge with which the citizen agrees is justified. It must be supported by evidence that was collected. This circumstance acts as an additional guarantee of the person brought to responsibility. However, as noted by the advocates, one should not have any illusions about it.
This is due to the fact that in some cases it is not possible to determine the validity of the charges. Consider an example. The court considered the case of a crime committed by several previously agreed persons. It so happened that the trial of one of the citizens was referred to a separate proceeding. Subsequently, it was considered without a hearing, in a special order. As a result, the subject was found guilty, he was charged with appropriate sanctions. After a while, consideration began with respect to the remaining individuals. But in the course of the proceedings it was not possible to prove that they were members of a criminal group. Accordingly, this part of the charges against them was dropped. The same subject, who had previously pleaded guilty, in connection with the choice of a special order, lost the right to challenge his sentence, since he was in agreement with him initially.
Given the above, we can provide the following list of negative effects:
- In order to consider a case under special rules, a citizen must recognize the charge in full. In fact, in this case, the person agrees with each word in the conclusion.
- In case of disagreement with the sentence, the citizen will not be able to challenge it. Having agreed with the accusation, the person loses the opportunity to subsequently appeal against the factual circumstances, to prove his innocence.
At the same time, the law provides for the right to challenge various procedural violations on the part of authorized bodies or employees. A citizen can also appeal a sentence because of its excessive severity (when imposing too harsh sanctions).
More on challenging
Often convicts turn to lawyers with a question related to the possibility of appealing a sentence passed in a special manner. Such a right is indeed provided for in legislation. However, its implementation is significantly limited in comparison with the opportunities established for the general procedure for handling cases. This is another negative consequence for the person who pleaded guilty. The condition under which the verdict is allowed to appeal is determined by the 317th article. It is stated in the norm that it is possible to challenge the ruling in the appeal if the findings of the court cited in it do not correspond to the factual circumstances established during the proceedings.This circumstance significantly narrows the scope of the challenge. The fact is that the defense loses the opportunity to appeal the factual circumstances, which in many cases are themselves a good reason to file an appeal. Legislation allows challenging for other reasons. They are given in Art. 389.15. The grounds may be:
- Significant violation of the law.
- Incorrect application of the rules.
- The injustice of the sentence and so on.
Meanwhile, in practice, appeals against decisions issued in a special procedure are limited only to requests for mitigation of punishment. All these circumstances must be considered when applying for a petition.
In practice, the situation is that the production in a special order is necessary first of all to the accusatory side. This is due to the following. Cases in which there are no high-quality supporting materials, thanks to this procedure easily turn into accusatory. When declaring a petition, it is necessary to rely first of all on the actual circumstances, personal position, opinion, agreed with the lawyer.Lawyers do not recommend hoping that the court will be able to figure everything out. It is necessary to consider all the advantages and disadvantages of the procedure, provide for the consequences. Special attention should be paid to the limitations of the possibility of a subsequent challenge to the verdict.
Given her, the prosecution and the court itself will practically not be afraid of cancellation of the decision. The opportunity to exercise the right to appeal a sentence imposed in a special proceeding is extremely small. Often not only the perpetrators turn to lawyers, but also their relatives. They talk about disagreement with the sentence, in some cases, people begin to deny their involvement in the crime, indicate the presence of evidence. However, all these actions are unlikely to lead to anything. The maximum that can be achieved is the mitigation of punishment. Meanwhile, the possibility of proceedings under a special procedure should not be ruled out. After all, there is a special order and dignity. It is advisable to take them into account in cases where the crime actually took place, and there is no point in refusing involvement.If a citizen does repent of the crime, and the prosecution takes place for the first time, it is advisable to file a petition. In any case, before making a decision, you must consult with a lawyer. He, knowing all the legal subtleties, having practical experience, will be able to suggest the most correct way out of the situation. In many cases, without the help of a lawyer simply can not do.