Sequence of stages of criminal proceedings

Criminal proceedings proceed in a special procedural form regulated by law, which is a system of successively changing and interdependent stages:

1) preparatory part;

2) judicial investigation;

3) the debate of the parties and the last word of the defendant;

5) the decision of the verdict by the court.

Currently, the changes made to the Criminal Procedure Code have practically not affected the procedure for conducting judicial trial in criminal cases. Such amendments changed and supplemented only some of the conditions for the trial and sentencing.

Each trial must invariably begin with a preparatory part - the first stage, in which a system of actions is carried out aimed at checking the existence and creating procedural conditions for the consideration of a criminal case in court, and including:

opening of the court session;

court appearance check;

explaining to the translator his rights;

removal of witnesses from the courtroom;

establishing the identity of the defendant and the timeliness of serving him with a copy of the indictment or indictment;

announcement of the composition of the court, other participants in the trial and explanation of the right of challenge to them;

explaining to the defendant his rights;

explaining to the victim, civil plaintiff and civil defendant their rights;

explaining to the expert and specialist their rights;

application and resolution of applications;

resolving the issue of the possibility of considering a criminal case in the absence of any of the participants in criminal proceedings6.

A specific feature of this part of the court session can be considered that the main burden of all the work falls on the share of the presiding officer, who performs the organizational and administrative functions that are unique to him and regulated by the Code of Criminal Procedure of the Russian Federation.

The opening of the court session by the presiding officer and the announcement by him which case is to be tried means the beginning of the trial stage in the criminal process.

The next stage of the court hearing is verification of court appearance. As a technical, extra-procedural action, the attendance of participants in the trial is checked before the start of the court session by the secretary of the court session. In the courtroom, i.e. already in process, the results of the inspection are just being announced. These results are recorded and acquire important procedural significance. Depending on them, taking into account the opinions of those who appeared in court hearing the fundamental issue is being resolved - whether to continue the trial or to postpone it7.

Explaining the rights of “other participants in criminal proceedings,” that is, a translator, expert and specialist, is an integral part of the trial. An expert is a person who is a specialist in the field of science, technology, art or craft, who is involved in the examination at the stage of judicial proceedings in accordance with the procedure8. First of all, the expert is warned about criminal liability for carrying out a knowingly false examination9.

The procedural position of a specialist in criminal proceedings and the grounds for his participation in the trial are discussed in the Code of Criminal Procedure of the Russian Federation10. If a specialist took part in investigative actions during a preliminary investigation, the presiding officer explains that his warning about criminal liability for non-disclosure of data from this investigation does not apply to his testimony at the court hearing11. The specialist is obliged to answer questions from the court regarding the case under consideration.

Witnesses are removed from the courtroom prior to their summons for questioning immediately after checking their appearance in court in order to exclude the influence of the trial itself on the formation of their testimony under the impression of the testimony of the defendant, other witnesses, and the positions of the parties expressed during the discussion of the stated motions , for example, on the return of a criminal case for an additional investigation or its termination, etc. 12.

Witnesses removed from the courtroom must remain in a designated room while awaiting a call, or the bailiff must otherwise prevent their communication with the interrogated witnesses. It is also acceptable for some of the witnesses to be released from the court premises with summonses to appear in court on other days or times.

Establishing the identity of the defendant and the timely delivery of a copy of the indictment or indictment to him is regulated by the Code of Criminal Procedure of the Russian Federation13. The personality of the defendant, including his personal data, is thoroughly studied at the stage of preliminary investigation; without this, it (the investigation) cannot be considered completed. The court checks this data and compares the defendant's answers with documented information contained in the preliminary investigation materials.

If the case is considered in the manner provided for in Part 5 of Article 247 of the Code of Criminal Procedure of the Russian Federation, the presiding judge finds out whether and when exactly the following was handed over to the defendant’s defense lawyer:

a) a copy of the indictment;

b) the prosecutor's decision to change the charges.

Moreover, if the case is considered in the manner prescribed by Part 5 of Article 247 of the Code of Criminal Procedure of the Russian Federation, the trial cannot begin earlier than seven days from the date of delivery of a copy of the relevant document to the defendant’s defense lawyer14.

Clarification of the rights, duties and responsibilities of the persons participating in the case, namely the presiding officer explains the rights to the defendant, as well as the rights, duties and responsibilities of the victim, civil plaintiff, civil defendant and their representatives, expert, specialist.

In the preparatory part of the court session, the presiding officer is obliged to find out whether the parties have requests to call new persons - carriers of evidentiary information - and to take appropriate judicial actions in order to obtain new evidence with the help of these persons (witnesses, experts, specialists), as well as to request material evidence and documents or the exclusion of evidence obtained in violation of the requirements of the law. After hearing the requests of the parties and other participants in the trial, the court is obliged to find out their opinion regarding the stated requests and only after that make an appropriate decision. The court's decision to refuse to satisfy the petition must be motivated in the ruling or ruling15. In this case, the court does not have the right to refuse to satisfy a request to question a witness or specialist who has appeared in court at the initiative of the parties.

Resolving the issue of the possibility of considering a criminal case in the absence of any of the participants in criminal proceedings completes the preparatory part of the trial, after which the presiding officer announces the start of the judicial investigation.

If any of the persons summoned to the court session fail to appear, the court hears the opinions of the parties on the possibility of proceedings in the case in the absence of the person who failed to appear. After which he issues a ruling or order to postpone the trial or to continue it. At the same time, the court takes measures to summon or bring the participant who failed to appear.

The next stage of the trial is the judicial investigation, which is the central part of the trial, in which the court, with the participation of the parties, directly examines the evidence in order to establish the circumstances necessary for the legal, reasonable and fair resolution of the criminal case.

The judicial investigation in cases of public prosecution begins with the state prosecutor presenting the charges brought against the defendant - an innovation. In the previous Code of Criminal Procedure of the RSFSR of 1960, there was no specific indication of who should formulate the charge at the very beginning of the trial. It only contained general position, according to which “the judicial investigation begins with the announcement of the indictment” (Part 1 of Article 278) 16. According to the tradition that has developed in practice, the indictment was announced by the presiding judge at the court hearing.

The next stage of the judicial investigation is the procedure for examining evidence, which reflects the principle of adversarial criminal proceedings: first in trial the prosecution presents evidence, then the defense; the order of examination of the evidence presented by each party is determined by the party, based on the tactics it chose in the trial. If several defendants are involved in a criminal case, the order in which they present evidence is determined by the court.

Then the defendant is interrogated. Then the parties interrogate the victim. Witnesses are called for questioning into the courtroom from the room where they are waiting to be called, one by one, while witnesses who have already been questioned remain in the courtroom. This procedure is intended to ensure the interrogation of witnesses in conditions that exclude communication between interrogated and unexamined witnesses to “coordinate” their testimony.

The moral and legal core of the interrogation of a witness in court forms a constitutional provision, according to which no one is obliged to testify against himself, his close relatives and his spouse.

If the witnesses who appeared at the court session testify about the same circumstances of the crime committed or data characterizing the defendant’s personality, marital status, etc., due to which one of the parties makes a motion to terminate the interrogation of other witnesses summoned to testify about in the same circumstances of the case, the court does not have the right to satisfy it if the party on whose initiative the request for their interrogation was filed objects to this17.

An integral procedure of a judicial investigation is the examination of material evidence18. In accordance with the requirements of orality and immediacy, information contained in material evidence can be used as the basis for a verdict only after their inspection and oral judgment during such an inspection, which must be reflected in the minutes of the court hearing. Not only the parties and not only experts and specialists can take part in the examination of material evidence; objects and documents - material evidence - can also be presented during the interrogation of witnesses.

The process and results of the judicial examination of physical evidence must be clear to all participants in the trial and the public. The study of objects using special technical means, the work of which is understandable only to a specialist. This action falls into the category of expert research19. Inspections of bulky material evidence, such as damaged cars, airplanes, etc., are carried out by the court together with the parties at their location. The progress and results of the inspection are recorded in the minutes of the court session at the inspection site.

Along with examining material evidence, the court may also carry out some investigative actions: inspection of the area and premises, examination, investigative experiment, presentation for identification.

The final stage The judicial investigation is completed when the presiding judge believes that the evidence, both collected in the criminal case during the preliminary investigation and presented directly at the court hearing, has been fully examined. If, in response to the subsequent question of the presiding officer, none of the parties declares the need to study new evidence, the judicial investigation is declared completed and it can be resumed only if there are special reasons provided for by the Code of Criminal Procedure.

The next stage of the trial is the debate between the parties and the final word of the defendant20.

Debate is a stage of the trial, consisting of speeches by the prosecutor and defense attorney, as well as speeches by other participants in which they sum up the results of the judicial investigation. As a rule, speeches should analyze the proof of the crime, its factual circumstances, the consequences that occurred (moral, physical or property harm), the legal assessment of the act, information about the identity of the victim and the defendant, the causes and conditions that contributed to the commission of the crime. The speech must contain conclusions about the guilt (innocence) of the defendant, find a justification for the qualification of the crime, indicate the type and amount of punishment or exemption from it or acquittal of the defendant, express thoughts about the fate civil action, as well as other issues arising from the case21.

The importance of judicial debates lies in the fact that they serve to form the internal conviction of judges based on a comprehensive and in-depth analysis of all the circumstances of the case. They help participants in judicial debates understand the positions of other participants in the negotiations, and citizens present in the hall - understand the essence and circumstances of the case, understand the degree of danger of the crime and its consequences. The law establishes an exhaustive list of participants in the debate of the parties: the prosecutor, the defense lawyer, the defendant in the absence of a defense lawyer, the victim and his representative. The civil plaintiff, civil defendant, their representatives and the defendant have the right to petition for participation in the debate of the parties.

Participation in judicial debates is mandatory for the public prosecutor and defense attorney.

If the victim and his representative take part in the judicial debate, they make their speeches before the defense attorney or the defendant speaks (if the defense attorney does not participate in the trial).

After speeches have been made by all participants in the debate, the presiding officer is obliged to find out the desire of the participants in the judicial debate to take the floor for a remark.

At the end of all speeches, the presiding judge declares the judicial debate over and gives the last word to the defendant. The last word of the defendant is an independent part of the trial, in which the defendant addresses the court and expresses his attitude to the crime charged to him and the results of the trial. During the last word, no questions are allowed to the defendant. In this case, the court does not have the right to limit the duration of the last word, but the judge has the right to stop the defendant in cases where the circumstances outlined by him are not relevant to the criminal case under consideration22. Pronouncing the last word is not an obligation for the defendant. He has the right to refuse it without giving a reason. The defendant's refusal to speak must be recorded in the minutes of the court hearing.

The defendant cannot be deprived of the last word for improper behavior in a court session, even if he was removed from the courtroom before the end of the arguments of the parties. And in this case he should be given the right to the last word. The last word may be interrupted by the presiding judge if the defendant behaves inappropriately, for example, uses foul language, insults participants in the process or other persons, or makes threats against them or the court. The court has the right to do this if the defendant divulges state secrets, tries to provide information about intimate side life of participants in the process or other persons23.

The decision to resume the judicial investigation is made by the court if the participants in the process during the judicial debate or the defendant in the last word report new circumstances relevant to the case, or declare the need to present new evidence to the court for examination. After the judicial investigation, the court reopens the debate between the parties and gives the last word to the defendant.

Having heard the last word of the defendant, the court immediately retires to the deliberation room to make a decision and further pronounce the verdict, which the presiding officer announces to those present in the courtroom, and also notifies the participants in the proceedings about the time the verdict is announced24.

The final stage of criminal proceedings is the sentencing, which is the procedure established by law for the court to make a given judicial decision on the basis of directly examined evidence. Deciding a verdict is a complex concept; its content consists of the judges discussing issues to be resolved, voting on these issues, drawing up a verdict, signing it and proclaiming it. The Code of Criminal Procedure established that “the verdict is decided by the court in the deliberation room”25. This does not mean at all that the proclamation of the verdict, which takes place in the courtroom, is not covered by the concept of “delivery of a verdict.” Only after the pronouncement of the verdict can it be argued that its decision has taken place.

A verdict is a decision on the innocence or guilt of the defendant and the imposition of punishment on him or on his release from punishment, made by a court of first instance or appellate instance26. The significance of the verdict lies in the fact that it is the main act of justice in criminal cases, since a person is found guilty only by a court verdict entered into legal force 27. It is the court verdict that has entered into legal force that is the basis for the execution of the punishment. 28

Legality, validity and justice - these the most important properties sentence - are considered in the Code in organic unity, which gives the sentence a new, integral quality of “justice”. The law establishes criminal liability for judges passing a “knowingly unjust sentence”29.

The Code of Criminal Procedure of the Russian Federation directly provides for issues that must be resolved by the court when rendering a sentence.

When rendering a verdict, the court in the deliberation room resolves the following issues:

1) whether it has been proven that the act of which the defendant is accused took place;

2) whether it has been proven that the defendant committed the act;

3) whether this act is a crime and what paragraph, part, article of the Criminal Code Russian Federation it is provided;

4) whether the defendant is guilty of committing this crime;

5) whether the defendant is subject to punishment for the crime he committed;

6) whether there are circumstances mitigating or aggravating the punishment;

7) what punishment should be imposed on the defendant;

8) whether there are grounds for passing a sentence without imposing punishment or exemption from punishment;

9) what type of correctional institution and regime should be determined for the defendant when assigning him a sentence of imprisonment;

10) whether the civil claim is subject to satisfaction, in whose favor and in what amount;

11) other issues resolved within the framework civil proceedings 30.

The law also distinguishes between the types of sentences passed by the court in criminal cases. The existence of acquittal and conviction is due to the differences in the decisions they contain on the main issues of the criminal case. If the court does not establish the event of a crime, or the defendant is not involved in the commission of a crime, or there is no corpus delicti in the defendant’s act, or, finally, an acquittal is made against the defendant, the court decides the acquittal. Conversely, the court pronounces a guilty verdict if the defendant’s guilt of the crime is proven in the manner established by the Code of Criminal Procedure. Everyone accused of committing a crime is considered innocent until his guilt is proven in the prescribed manner and established by a court verdict that has entered into legal force. This is the essence of the presumption of innocence of the accused.

The guilt of the defendant can be proven if it is confirmed by a sufficient and consistent body of evidence examined in court. A conviction cannot be based on assumptions.

The verdict in a criminal case consists of three parts: introductory, descriptive and motivating and operative. The content of the introductory part is the same for all types of sentences, but the descriptive, motivational and operative parts of acquittal and conviction sentences are different.

After signing the verdict, the court returns to the courtroom and the presiding judge announces the verdict.

Summarizing this issue we can say that criminal proceedings, consisting of successive and interdependent stages, are represented by: the preparatory part, the judicial investigation, the debate of the parties, the last word of the defendant and the decision of the verdict by the court. These stages together, which make up the trial, are aimed at a complete, objective and effective consideration of criminal cases on the merits and sentencing to guilty persons.

"Order of trial"

Content

• Introduction
• Essence, conditions and stages of the trial
• Procedure of trial
• Special procedure for trial
• Conclusion
• Bibliography

the crime in connection with which proceedings are being conducted in court belongs to the category of minor or medium gravity or to serious crimes,

the request for the use of a special procedure for trial was submitted by the accused during familiarization with the materials of the criminal case during the pre-trial period or during the preliminary hearing,

the accused is aware of the nature and consequences of his petition,

the petition was submitted by the accused voluntarily, after consultation with the defense lawyer and in his presence,

the public or private prosecutor, as well as the victim and other defendants in this criminal case do not object to its consideration in a special manner,

the court does not find any grounds for recognizing the charge as unfounded, unsupported by those collected in the main case. The pronouncement of a sentence without a trial most significantly affects the rights of the accused, therefore, in order to strengthen the guarantees of the rights of the accused, the Code establishes that the filing of such a petition occurs in the presence of a defense lawyer and after consultations with him. The court hearing at the defendant’s request to apply a special trial procedure begins with the court verifying the grounds for satisfying the stated request. Since the participation of the victim in the court hearing is not mandatory, his attitude towards the stated petition can be established on the basis of a written statement. The special procedure for the trial is terminated if obstacles to its conduct are identified at the court hearing (violation of the procedure for filing a petition, objections from the prosecution). In addition, the judge is obliged, on his own initiative, to issue a resolution to terminate the special procedure of the trial and order the consideration of the criminal case in the general procedure if, before the verdict is passed, circumstances are established that impede a conviction, or grounds for changing the classification of the offense or terminating the criminal case or acquittal of the defendant. Next, at the court hearing, the prosecutor (public or private) sets out the essence of the accusation. Next, the judge certifies that all conditions under which proceedings in this form are possible are met, and examines only the circumstances characterizing the personality of the accused, as well as circumstances mitigating and aggravating responsibility. If the judge comes to the conclusion that the charge is justified and supported by the evidence collected in the case, he proceeds to the debate and the last word of the defendant. Accordingly, the content of the debate is limited only to those circumstances that were examined at the meeting D.P. Great. Special procedure for trial: theory and practice. // Journal of Russian Law. 2005. No. 6. P. 5. The descriptive and motivational part of a guilty verdict in a criminal case does not reflect the analysis of evidence and the assessment given by the court to this evidence. The descriptive and motivational part must contain the court's conclusions about compliance with the conditions of the sentence without a trial. The punishment contained in the sentence cannot exceed two-thirds of the maximum sanction provided for this crime in the Criminal Code. These procedural costs are borne by the state. Procedural costs also include the amount spent on paying the defendant’s defense lawyer. Exemption of a person guilty of a crime from reimbursement of these expenses means an arbitrary expansion of the circle of persons who are provided with protection free of charge. One of the serious legal consequences of the use of a special procedure for judicial proceedings is the established narrowing of the scope of appealing the verdict. In conclusion, I would like to note that the institution of a special procedure for judicial proceedings “has taken root” and is widely used in domestic criminal proceedings. The special procedure for considering a criminal case in the court of first instance is aimed at simplifying the trial in the interests of ensuring faster, but fair, justice, reducing the corresponding legal expenses and effectively ensuring the interests of participants in criminal proceedings. First of all, the accused and the victim, who are interested in having their rights and obligations determined by the court without unjustified delays in resolving the criminal case. However, it should be noted that the question of whether the special procedure for judicial proceedings corresponds to the principle of the presumption of innocence remains open and controversial in science. In this regard, quite rightly, in my opinion, a number of authors speak out for the need to allow the possibility of examining individual evidence in a court hearing held in a special manner. To do this, it is necessary to add Part 5 of Article 316 of the Code of Criminal Procedure of the Russian Federation with the following sentence: “When considering a criminal case in the manner prescribed by this article, the court has the right, at the request of the parties or on its own initiative, to directly examine individual evidence in accordance with the requirements of Chapter 37 of the Code of Criminal Procedure of the Russian Federation.” Accordingly, the last sentence contained in Part 8 of Article 316 of the Code of Criminal Procedure of the Russian Federation should be stated as follows: “The analysis of evidence and its assessment by the judge are not reflected in the verdict, with the exception of evidence directly examined at the court hearing in accordance with Part 5 of this article ". Conclusion Summing up the results of the study, it is necessary to note the following fundamentally significant provisions. Trial is the central stage of criminal proceedings, in which the court, based on the study of evidence presented by the prosecution and defense, resolves the main issues of the criminal case: the presence or absence of a crime event, the presence or absence in the actions of the defendant of a crime provided for by the Criminal Code of the Russian Federation, on the prosecution or release of the defendant from criminal liability or from imposing punishment. The trial stage has the most important procedural, preventive and educational significance. The procedural significance is to achieve certainty about the possible criminal legal relationship between the criminal and the state. The solution to this issue, in turn, gives rise to a wide variety of consequences for both the defendant and the victims. The consequence of finding a defendant guilty of a crime is usually the imposition of punishment. For victims, this outcome of the case allows them to count on compensation for property damage caused by the crime. On the contrary, the acquittal of the defendant or the termination of the case against him entails the rehabilitation of the person, payment of monetary compensation and restoration of other rights. The trial also has a preventive value. Through judicial consideration and resolution of criminal cases, it becomes possible to ensure the inevitability of criminal liability for guilty persons. The preventive role of judicial proceedings is also manifested in granting the court the right to respond to cases of violation of the law in a case by issuing private rulings (decisions). For example, a private ruling can be made by the court when, during the consideration of the case, circumstances that contributed to the commission of crimes are revealed, as well as violations of the rights and freedoms of citizens, and other violations of the law committed during the proceedings (Part 4 of Article 29 of the Code of Criminal Procedure of the Russian Federation). In a private definition, the addressee is informed of existing violations of the law and is obliged to take measures to eliminate the violations or their consequences. This prevents violations of the law, especially criminal ones, in the future. The educational significance of the trial is manifested in two ways. On the one hand, the citizen is encouraged to behave law-abidingly, fulfill his duties to society, and comply with criminal and criminal procedural prohibitions. On the other hand, the system of updated criminal procedural legislation is designed to give citizens confidence in the proper protection of their rights and interests by criminal proceedings, regardless of the capacity in which a citizen or organization is involved in its sphere. The special position of the trial stage in the system the criminal process was also predetermined by its special regulatory regulation. The law provides for rules that establish the basis for the consideration and resolution of a case by the court of first instance, which must be equally observed at the entire stage of the trial, regardless of its specific part. Criminal proceedings proceed in a special procedural form regulated by law, which is a system of successively changing and interdependent stages: 1) preparatory part; 2) judicial investigation; 3) debate of the parties and the last word of the defendant; 5) sentencing by the court. The special procedure for considering a criminal case in the court of first instance is aimed at simplifying the trial in the interests of ensuring a faster but fair , justice, reducing relevant legal costs and effectively ensuring the interests of participants in criminal proceedings. First of all, the accused and the victim, who are interested in having their rights and obligations determined by the court without unjustified delays in resolving the criminal case. The question of whether the special procedure for judicial proceedings corresponds to the principle of the presumption of innocence remains open and controversial in science. In this regard, quite rightly, in my opinion, a number of authors speak out for the need to allow the possibility of examining individual evidence in a court hearing held in a special manner. To do this, it is necessary to add Part 5 of Article 316 of the Code of Criminal Procedure of the Russian Federation with the following sentence: “When considering a criminal case in the manner prescribed by this article, the court has the right, at the request of the parties or on its own initiative, to directly examine individual evidence in accordance with the requirements of Chapter 37 of the Code of Criminal Procedure of the Russian Federation.” Accordingly, the last sentence contained in Part 8 of Article 316 of the Code of Criminal Procedure of the Russian Federation should be stated as follows: “The analysis of evidence and its assessment by the judge are not reflected in the verdict, with the exception of evidence directly examined at the court hearing in accordance with Part 5 of this article ". Bibliography

1. Constitution of the Russian Federation // "Rossiyskaya Gazeta". - 1993. - No. 237.

2. Federal Law "O" judicial system" dated December 31, 1996. No. 1-FKZ // "Rossiyskaya Gazeta". - 1997. No. 156.

3. Federal Law "O" Constitutional Court Russian Federation" dated July 21, 1994. No. 1-FKZ. // "Rossiyskaya Gazeta". - 1994. - No. 138 - 139.

4. Federal Law "On Amendments and Additions to the Criminal Procedure Code of the Russian Federation" dated December 2, 2008. No. 58-FZ // "Collection of Legislation of the Russian Federation". - 2008. - No. 22.

5. Law “On the status of judges in the Russian Federation” dated June 26, 1992. // "Russian newspaper". - 1992. - No. 170.

6. Law “On State Secrets” dated July 21, 1993 No. 5485-1. // "Russian newspaper". - 1993. - No. 182.

7. Criminal Procedure Code of the Russian Federation dated December 18, 2001. No. 174 - Federal Law // "Collection of Legislation of the Russian Federation". - 2001. - No. 52.

8. Criminal Code of the Russian Federation dated June 13, 1996 No. 63-FZ // “Collection of Legislation of the Russian Federation”. - 1996 - No. 17.

9. Criminal Executive Code of the Russian Federation dated 01/08/1997 No. 1-FZ // "Rossiyskaya Gazeta". - 1997. - No. 9.

10. Bykov V.M. Postponement of trial // Russian judge. - 2007. - No. 8. - P.11-14.

11. Great D.P. Special procedure for trial: theory and practice. // Journal of Russian Law. - 2005. - No. 6. - P.5 - 9.

12. Torkunov A. The procedure for making a court decision on the grounds provided for in Chapter 40 of the Code of Criminal Procedure. // Law in the Armed Forces. - 2008. - No. 4. - P.11 - 15.

13. Chumakov L.Yu. Possible ways expanding the implementation of the right to a fair trial // Laws of Russia: experience, analysis, practice. - 2007. - No. 6. - P.94-96.

14. Shamardin A.A., Bursakova M.S. On the issue of the legal nature of the special procedure for judicial proceedings. // Russian judge. - 2005. - No. 10. - P.23 - 27.

15. Bulatov B.B., Baranov A.M. Criminal procedure: textbook for universities. M.: Higher education. 2008.

16. Bozhiev V.P. Criminal process. M: Higher Education, 2008.

PROCEEDING PROCEDURE

Plan:

1. Preparatory part of the court hearing

2. Judicial investigation

3. Judicial debates and the last word of the defendant

Trial. Trial is a stage of the criminal process, consisting of the judicial consideration of criminal cases and the application of penalties established by law to persons guilty of committing crimes, or the acquittal of innocent people. The trial is based on the principles of adversarial, direct, oral, and continuity.

The trial consists of several parts:

Preparatory part;

Judicial investigation;

Litigation;

The last word of the defendant;

Sentencing.

1. Preparatory part of the court hearing

The trial is the main, central stage of the criminal process. It is at this stage that the trial court orally and directly examines the evidence and renders a verdict.

The trial system consists of the following elements: the preparatory part of the court session (Articles 261 - 272 of the Code of Criminal Procedure of the Russian Federation); judicial investigation (Articles 273 – 291 of the Code of Criminal Procedure of the Russian Federation); judicial debates (Articles 292 – 295 of the Code of Criminal Procedure of the Russian Federation).

The purpose of the preparatory part of the court session is to check the possibility of holding a court session, create conditions for this and remove obstacles to the consideration of the case.

The preparatory part of the court session begins with the fact that at the appointed time the presiding officer opens the court session and announces which criminal case is subject to trial (Article 261 of the Code of Criminal Procedure of the Russian Federation). After this, in accordance with Art. 262 of the Code of Criminal Procedure of the Russian Federation, the secretary of the court session reports on the appearance of persons who must participate in the court session, and reports the reasons for the non-appearance of those who are absent.

If an interpreter participates in the trial, the presiding officer explains to him the rights and responsibilities provided for in Art. 59 of the Code of Criminal Procedure of the Russian Federation, about which he gives a signature, which is attached to the protocol of the court session (Article 263 of the Code of Criminal Procedure of the Russian Federation).

Before the start of the court session, witnesses are removed from the courtroom before the start of their interrogation. At the same time, the bailiff takes measures to ensure that witnesses who have not been interrogated by the court do not communicate with interrogated witnesses, as well as other persons who were in the courtroom.

At the beginning of the court session, the presiding officer establishes the identity of the defendant, finding out his last name, first name, patronymic, year, month, day and place of birth, proficiency in the language in which the proceedings are conducted, place of residence, occupation, education, marital status and other data relating to his personality . Then the presiding judge finds out whether and when the defendant was given a copy of the indictment or indictment, or the decision to change the charges. In this case, the trial of a criminal case cannot be started earlier than seven days from the date of delivery to the accused of a copy of the indictment or indictment, a resolution to change the charge (Article 265 of the Code of Criminal Procedure of the Russian Federation).

After this, in accordance with Art. 266 of the Code of Criminal Procedure of the Russian Federation, the presiding judge announces the composition of the court, informs who is the prosecutor, defense attorney, victim, civil plaintiff, civil defendant or their representatives, as well as the secretary of the court session, expert, specialist and translator. The presiding officer explains to the parties their right to challenge the composition of the court or any of the judges. In addition to the judges, at a court hearing, a challenge may also be submitted to the secretary of the court session, the prosecutor, the expert, the translator, and the defense lawyer. The issue of challenging one of these persons is resolved by the court (or the judge, if the case is being considered individually) in the deliberation room. Also, according to Art. 267 of the Code of Criminal Procedure of the Russian Federation, the presiding officer explains to the defendant his rights in the trial, provided for in Art. 47 Code of Criminal Procedure of the Russian Federation. If there are several defendants, their rights are explained to them at the same time, since their procedural position is the same.

Further (Article 268 of the Code of Criminal Procedure), the presiding officer explains to the victim, the civil plaintiff, their representatives, as well as the civil defendant and his representative the rights and responsibilities in the trial. The victim is also explained his right to reconciliation with the defendant in cases provided for in Art. 25 of the Code of Criminal Procedure of the Russian Federation (the court has the right, on the basis of an application from the victim or his legal representative, to terminate a criminal case against a person suspected or accused of committing a crime of minor or medium gravity, if this person has reconciled with the victim and made amends for the harm caused to him).

The presiding officer explains to the expert and specialist, if they participate in the consideration of the case, their rights and responsibilities, about which the expert and specialist sign a signature, which is attached to the minutes of the court session.

After this, on the basis of Art. 271 of the Code of Criminal Procedure of the Russian Federation, the presiding officer asks the parties whether they have requests to call new witnesses, experts and specialists, to demand material evidence and documents, or to exclude evidence obtained in violation of the requirements of the criminal procedure code. The person filing the request must substantiate it. The court, after hearing the opinions of the other participants in the trial, considers each submitted petition and satisfies it, or makes a ruling or order to refuse the petition. A person whose petition has been rejected by the court has the right to submit it again during further court proceedings.

The court has no right to refuse a request to question at a court hearing a person as a witness or specialist who has appeared in court at the initiative of the parties.

Before the start of the judicial investigation, the court ascertains the opinion of the parties about the possibility of trial in the absence of the participants who failed to appear and makes a ruling or order to postpone the trial or to continue it, as well as to summon or bring in the participant who failed to appear. If there are no significant obstacles to the consideration of the criminal case, the court proceeds to the judicial investigation.

2. Judicial investigation

Judicial investigation is the main (second) part of the trial, in which the court, with the participation of the prosecutor, defendant, defense attorney, victim, civil plaintiff, civil defendant and their representatives, directly examines the evidence collected at the preliminary investigation stage and presented to the court by the participants in the trial or collected by itself court.

Direct examination of evidence by the court is aimed at assessing the evidence according to the internal conviction that the court formed during its examination, because no evidence has pre-established force (Article 17 of the Code of Criminal Procedure).

The immediate judicial investigation begins with the state prosecutor presenting the charge against the defendant, and in criminal cases of private prosecution, with the presentation of the statement by the private prosecutor. This action aims to familiarize all participants in the process, as well as citizens present in the courtroom, with the content of the accusation. The presiding judge asks the defendant whether he understands the charge and whether he or his defense attorney wants to express his attitude to the charge (Article 273 of the Code of Criminal Procedure of the Russian Federation).

According to Art. 274 of the Code of Criminal Procedure of the Russian Federation, the order of examination of evidence is determined by the party presenting evidence to the court.

The prosecution presents evidence first. This is due to the fact that, in accordance with Art. 14 of the Code of Criminal Procedure of the Russian Federation, the accused is considered innocent until his guilt in committing a crime is proven in the manner prescribed by the Code of Criminal Procedure, while the burden of proof is placed by law on the prosecution. After examining the evidence presented by the prosecution, the evidence presented by the defense is examined.

The interrogation of the defendant is carried out in accordance with Art. 275 Code of Criminal Procedure of the Russian Federation. With the permission of the presiding judge, the defendant has the right to testify at any time during the judicial investigation. If several defendants are involved in a criminal case, the order in which they present evidence is determined by the court, taking into account the opinions of the parties.

In accordance with Art. 275 of the Code of Criminal Procedure of the Russian Federation, if the defendant agrees to testify, he is questioned first by the defense lawyer and the participants in the trial on the part of the defense, then the state prosecutor and the participants in the trial on the part of the prosecution. The presiding officer monitors the progress of the interrogation and eliminates leading questions, as well as questions that are not related to the criminal case.

The court has the right to ask questions to the defendant after his interrogation by the parties. The interrogation of a defendant in the absence of another defendant is permitted at the request of the parties or on the initiative of the court, for which a ruling or resolution is made. In this case, after the defendant returns to the courtroom, the presiding judge informs him of the content of the testimony given in his absence and gives him the opportunity to ask questions of the defendant interrogated in his absence. If several defendants are involved in a criminal case, the court has the right, at the request of a party, to change the order of their interrogation.

Article 276 of the Code of Criminal Procedure of the Russian Federation provides that the disclosure of the defendant’s testimony given during the preliminary investigation, as well as the reproduction of audio, video recordings of his testimony or filming attached to the interrogation protocol, may take place at the request of the parties in the following cases:

1) if there are significant contradictions between the testimony given by the defendant during the preliminary investigation and in court, except for cases where they are recognized as inadmissible evidence;

2) when a criminal case is considered in the absence of the defendant;

3) refusal to testify, if the accused was warned that if he agrees to testify, his testimony can be used as evidence in a criminal case, including if he subsequently refuses this testimony (clause 3, part 4, art. 47 Code of Criminal Procedure).

These rules also apply to cases of reading out the defendant’s testimony given earlier in court.

The criminal procedure law prohibits the reproduction of audio, video and film recordings of an interrogation without first disclosing the testimony contained in the corresponding interrogation protocol or court record.

The victim, as a rule, is interrogated after the interrogation of the defendant, however, the victim, with the permission of the presiding judge, can testify at any time during the judicial investigation.

The interrogation of witnesses is different in that witnesses are interrogated separately and in the absence of unexamined witnesses (Article 278 of the Code of Criminal Procedure of the Russian Federation). Before the interrogation, the presiding officer establishes the identity of the witness, ascertains his relationship to the defendant and the victim, explains his rights and responsibilities, about which the witness gives a signature, which is attached to the minutes of the court session. The first to ask questions of the witness is the party at whose request he was summoned to the court hearing. The judge asks questions to the witness after he has been questioned by the parties.

Interrogated witnesses may leave the courtroom before the end of the judicial investigation with the permission of the presiding judge, taking into account the opinions of the parties (taking into account that in this case interrogated witnesses can inform unexamined witnesses about the course of the interrogation and the questions asked during this and, of course, the answers, which he gave, thus influencing those who have not yet been questioned, it is advisable to leave the questioned witnesses in the courtroom until its end).

If it is necessary to ensure the safety of a witness, his relatives and other close persons, the court, without disclosing the true information about the identity of the witness, has the right to interrogate him without visual observation by other participants in the trial, about which the court issues a ruling or resolution. If the parties file a justified request for disclosure of information about the person giving testimony in connection with the need to defend the defendant or to establish any circumstances significant for the consideration of the criminal case, the court has the right to provide them with the opportunity to familiarize themselves with the specified materials.

An essential point of the judicial investigation is that it is possible to use chess and cross-examination techniques. The essence of a chess interrogation is that one interrogator simultaneously poses questions to several people about the same circumstances. So, for example, a public prosecutor, when questioning a defense witness in order to confirm or clarify evidence previously given by the latter during the preliminary investigation, may ask another witness (defense or prosecution) with the same question. Using this method of interrogation, the prosecutor (or lawyer) can identify any new circumstances that cast doubt on the validity of the position taken by the defense (prosecution) in the case.

In cross-examination, the same person is questioned by both parties - the prosecutor and the defense - about the same circumstances. Such an interrogation helps to clarify this circumstance from different angles, since questions are asked either from the position of the prosecution or from the position of the defense.

The law provides for the possibility for the victim and witness to use written notes (mathematical calculations, etc.) during their interrogation. These notes are presented to the court upon its request. The victim and witness are allowed to read the documents in their possession relevant to their testimony. These documents are presented to the court and, by its determination or resolution, can be attached to the criminal case.

In addition to the general conditions for the interrogation of the victim and witness, there are a number of features in the case of interrogation of these participants who have not reached the age of majority. When participating in the interrogation of victims and witnesses under the age of fourteen years, and at the discretion of the court - at the age of fourteen to eighteen years, a teacher participates. The interrogation of victims and witnesses with physical or mental disabilities is carried out in all cases in the presence of a teacher.

Before the interrogation of the minor begins, the presiding officer explains to the teacher his rights, which is noted in the minutes of the court session. The teacher has the right, with the permission of the presiding officer, to ask questions to the minor victim or witness.

If the court deems it necessary, their parents or other legal representatives are also called to participate in the interrogation of minor victims and witnesses, who can, with the permission of the presiding judge, ask questions to the interrogated person. The interrogation of a minor victim and witness is carried out with the mandatory participation of his parent or other legal representative.

Before interrogating the victim and witness who have not reached the age of sixteen, the presiding officer explains to them the importance of complete and truthful testimony for the criminal case. These persons are not warned of liability for refusal to testify and for giving knowingly false testimony, and their subscription is not taken away.

In order to protect the rights of minors, at the request of the parties, as well as at the initiative of the court, the interrogation of the victim and witness who have not reached the age of eighteen may be carried out in the absence of the defendant, about which the court issues a ruling or resolution. After the defendant returns to the courtroom, he must be given the testimony of these persons and given the opportunity to ask them questions. At the end of the interrogation, the victim and witness who have not reached the age of eighteen, the teacher who was present during their interrogation, as well as the parent or other legal representative of the victim or witness may leave the courtroom with the permission of the presiding judge.

The Criminal Procedure Code provides that the announcement of the testimony of the victim and witness previously given during the preliminary investigation or trial, as well as the reproduction of an audio recording of their testimony, video recording and filming of the interrogation is allowed if they fail to appear at the court hearing at the request of the parties or on the initiative of the court in the following cases:

1) death of the victim or witness;

2) serious illness that prevents you from appearing in court;

3) refusal of a victim or witness who is a foreign citizen to appear when summoned by the court;

4) a natural disaster or other emergency circumstances preventing an appearance in court.

In addition, at the request of a party, the court has the right to decide to read out the testimony of a victim or witness previously given during the preliminary investigation or in court, if there are significant contradictions between the previously given testimony and the testimony given in court.

The refusal of the victim or witness to testify, stated in court (which is possible only if there are grounds provided for in Article 51 of the Constitution of the Russian Federation), does not prevent the disclosure of his testimony given during the preliminary investigation.

The law also provides for the possibility of questioning an expert (Article 282 of the Code of Criminal Procedure). It is carried out at the request of the parties or on its own initiative of the court, which has the right to call for questioning the expert who gave an opinion during the preliminary investigation, to clarify or supplement his conclusion. First, the expert's conclusion is announced, and after that he can be asked questions by both parties. In this case, the first question is asked by the party on whose initiative the examination was appointed. If necessary, the court has the right to provide the expert with the time necessary to prepare answers to questions from the court and the parties.

Article 283 of the Code of Criminal Procedure of the Russian Federation provides for the possibility of conducting an examination during the trial, which is appointed at the request of the parties or on the court’s own initiative. In this case, the presiding officer invites the parties to submit questions in writing to the expert; if necessary, a break is announced in the court session to prepare questions. The questions raised must be announced and the opinions of the participants in the trial heard on them. Having considered the issues, the court, by its ruling or ruling, eliminates those that do not relate to the criminal case or the expert’s competence, and formulates new questions.

The court, at the request of the parties or on its own initiative, has the right to order a repeat or additional examination if there are contradictions between the expert opinions that cannot be overcome in court proceedings by questioning experts.

The Code of Criminal Procedure provides for the possibility (Article 284 of the Code of Criminal Procedure of the Russian Federation) to examine material evidence at any time during the judicial investigation at the request of the parties. Persons who are presented with material evidence have the right to draw the court’s attention to circumstances relevant to the criminal case. In case of bulkiness or other reasons that prevent the presentation of physical evidence for inspection in the courtroom (car, etc.), their inspection may be carried out by the court at the location of the evidence.

Protocols of investigative actions, an expert’s opinion given during a preliminary investigation, as well as documents attached to a criminal case or presented at a court hearing may, by determination or order of the court, be read out in full or in part if they set out or verify circumstances that are significant for criminal case. Protocols of investigative actions, expert opinion and documents are disclosed by the party that requested their disclosure, or by the court (Article 285 of the Code of Criminal Procedure of the Russian Federation).

In accordance with Art. 286 of the Code of Criminal Procedure of the Russian Federation, documents presented at the court hearing by the parties or requested by the court may, by determination or order of the court, be examined and attached to the criminal case.

An inspection of the area and premises is carried out by the court with the participation of the parties, and, if necessary, with the participation of witnesses, an expert and a specialist. If it is necessary to inspect the premises, the court issues a ruling or order. If such a need arises during the court session, the presiding judge announces a break. Upon arrival at the inspection site, the presiding judge announces the continuation of the court session, and the court begins the inspection, while the defendant, victim, witnesses, expert and specialist may be asked questions in connection with the inspection.

During the trial, the court may also conduct an investigative experiment with the participation of the parties, and, if necessary, with the participation of witnesses, an expert and a specialist. To conduct an investigative experiment, the court issues a ruling or a ruling on this. The court conducts an investigative experiment in compliance with the rules provided for in Art. 181 of the Code of Criminal Procedure of the Russian Federation (general rules for conducting investigative experiments).

If it is necessary to present a person or object in court to identify a person or object, it is carried out according to the rules established by Art. 193 of the Code of Criminal Procedure of the Russian Federation (general rules for presentation for identification).

An examination during a trial is carried out by determination or order of the court in cases where it is necessary to detect special features on a person’s body, traces of a crime, bodily injuries, identify a state of intoxication or other properties and signs that are important for a criminal case, unless this requires a forensic examination. , an examination of the suspect, accused, victim, as well as a witness can be carried out with his consent, except for cases where the examination is necessary to assess the reliability of his testimony (Article 290 of the Code of Criminal Procedure of the Russian Federation). An examination, accompanied by exposure of the person being examined, is carried out in a separate room by a doctor or other specialist, who draws up and signs the examination report. After this, these persons return to the courtroom, where, in the presence of the parties and the examined person, they inform the court about the marks and signs on the body of the examined person, if any, and answer questions from the parties and the judges. The inspection report is attached to the criminal case.

In accordance with Art. 291 of the Code of Criminal Procedure of the Russian Federation, upon completion of the examination of the evidence presented by the parties, the presiding officer asks the parties whether they wish to supplement the judicial investigation. If a petition is filed to supplement the judicial investigation, the court discusses and resolves it. After resolution of the petitions and completion of the necessary judicial actions related to this, the presiding judge declares the judicial investigation over.

After the end of the judicial investigation, the court proceeds to the debate of the parties and the last word of the defendant.

3. Judicial debates and the last word of the defendant

The debate of the parties (from the Old Church Slavonic “pyarnie” - dispute) is a part (stage) of the procedural stage of the trial, which begins immediately after the end of the judicial investigation.

Article 292 of the Code of Criminal Procedure of the Russian Federation provides that the debate between the parties consists of speeches by the prosecutor and the defense attorney. In the absence of a defense lawyer, the defendant participates in the debate between the parties. The victim and his representative may also participate in the debate between the parties. The civil plaintiff, civil defendant, their representatives, and the defendant have the right to petition for participation in the debate of the parties. Thus, the participation of the prosecutor and the defense attorney in the debate is mandatory, the victim and his representative can participate in the debate of the parties at their discretion, and the civil plaintiff, defendant and their representatives - at the discretion of the court.

The sequence of speeches of the participants in the debates of the parties is established by the court. In all cases, the prosecutor comes first, and the defendant and his defense attorney come last. The civil defendant and his representative speak in the debate between the parties after the civil plaintiff and his representative.

Through speeches in judicial debates, the parties summarize the judicial investigation, evaluate the evidence examined, give a legal assessment of the crime, present to the court their thoughts on the merits of the charge, regarding the punishment, civil claim and other issues to be decided by the court.

Judicial debates through adversarial proceedings are aimed at establishing the truth in the case. In its speeches, the prosecution seeks to arouse in the court the conviction that the defendant’s guilt has been proven by the evidence presented, his characterization of the crime is correct, and that it is necessary to impose exactly the punishment proposed by the prosecution. The defense, on the contrary, seeks to convince the court that the evidence of the prosecution is insufficient, that it is refuted by the evidence of the defense, that in the criminal case there are, if not an alibi, then, in any case, circumstances mitigating the punishment. Thus, in an effort to achieve their goals, the parties justify their conclusions in the criminal case, forming objective conclusions for the court about the results of the consideration of the criminal case.

A participant in the debate of the parties does not have the right to refer in his speech to evidence that was not considered at the court hearing (since in in this case the rule of immediacy and orality will be violated) or declared inadmissible by the court.

The court has no right to limit the duration of the parties' arguments. However, the presiding officer has the right to stop persons participating in the debate if they relate to circumstances that are not related to the criminal case under consideration, as well as evidence declared inadmissible.

After all participants in the debate have made speeches, each of them can make one more speech. The right of the last remark belongs to the defendant or his defense attorney.

The above-mentioned persons, at the end of the debate of the parties, but before the court retires to the deliberation room, have the right to submit to the court in writing the wording of the decision they propose on the following issues:

1) whether it has been proven that the act of which the defendant is accused took place;

2) whether it has been proven that the defendant committed the act;

3) whether this act is a crime and what clause, part, or article of the Criminal Code of the Russian Federation provides for it;

4) whether the defendant is guilty of committing this crime;

5) whether the defendant is subject to punishment for the crime he committed;

6) whether there are circumstances mitigating or aggravating his punishment.

The proposed wording does not have binding force for the court, however, the clarity of the parties’ conclusions can undoubtedly assist the court in formulating answers to the listed questions in the verdict.

After the end of the debate between the parties, the presiding officer gives the defendant the last word. No questions to the defendant during his last word are allowed. The court cannot limit the duration of the defendant's last word to a certain time. At the same time, the presiding officer has the right to stop the defendant in cases where he concerns circumstances that are not related to the criminal case under consideration.

Article 294 of the Code of Criminal Procedure of the Russian Federation contains a legal requirement that if the participants in the debate of the parties or the defendant in the last word report new circumstances relevant to the criminal case, or declare the need to present new evidence to the court for examination, the court has the right to resume the judicial investigation. At the end of the resumed judicial investigation, the court reopens the arguments of the parties and gives the defendant the last word.

Having heard the last word of the defendant, the court retires to the deliberation room to pronounce the verdict, which the presiding officer announces to those present in the courtroom.

Trial is intended to consider and resolve a civil case on its merits and occupies a central place among other stages of the civil process, since it is at this stage that the goals and objectives common to civil proceedings are carried out.

When considering a case, the court of first instance must:

• • clearly understand the essence of the plaintiff’s demands and the defendant’s objections;
  • directly examine the evidence;
  • establish the factual circumstances of the case;
  • find out the rights and obligations of the parties, the interests of applicants protected by law.

The trial stage ends, as a rule, with a decision being made on behalf of the Russian Federation. When resolving a case, the court is obliged to make a legal and reasonable decision. judgment, protecting the rights and legally protected interests of citizens and legal entities.

The stage of the process under consideration differs from others not only in its specific goals, but also in its subject composition, object and content. The main participant in the process is the court of first instance (magistrate). Its activities are aimed at considering and resolving disputes about the law between the parties to the case.

At this stage, such participants in the process appear who, as a rule, are not present at other stages - witnesses, experts, specialists.

The trial is the main stage of the process. In it, all the principles of civil procedure, both organizational and functional, manifest themselves most fully and clearly. Due to the principle of transparency, based on the results of the court’s activities at this stage, the population evaluates the state of legality in justice.

Procedural order and components (stages) of the trial

According to Art. 155 of the Code of Civil Procedure of the Russian Federation, the proceedings of a civil case take place in a court hearing with mandatory notification of persons participating in the case about the time and place of the meeting.

If the courts have the technical ability to carry out video conferencing, persons participating in the case, their representatives, as well as witnesses, experts, specialists, translators may participate in the court hearing through the use of video conferencing systems, subject to their filing a request for this or at the initiative of the court . About participation specified persons at a court hearing, through the use of video conferencing systems, the court makes a ruling.

The judge hearing the case alone performs the duties of the presiding judge. During a collegial hearing of a case in a district court, the judge or chairman of this court presides; in sessions of other courts, the judge, chairman or deputy chairman of the relevant court presides.

The presiding judge presides over the court hearing, creates conditions for a comprehensive and complete examination of the evidence and circumstances of the case, and eliminates from the trial everything that is not related to the case under consideration.

The orders of the presiding officer are mandatory for all participants in the process, as well as for citizens present in the courtroom.

When considering a case, the court is obliged to directly examine the evidence in the case: listen to explanations of the parties and third parties, testimony of witnesses, expert opinions, consultations and explanations of specialists, read written evidence, examine material evidence, listen to audio recordings and watch video recordings.

The hearing of the case takes place orally and with the same composition of judges(Article 157 of the Code of Civil Procedure of the Russian Federation). If one of the judges is replaced during the consideration of a case, the proceedings must be carried out from the very beginning.

The court hearing in each case takes place continuously, with the exception of times designated for rest. Until the end of the consideration of a pending case or until the adjournment of its proceedings, the court has no right to consider other cases.

When judges enter the courtroom, everyone present in the courtroom stands up. The announcement of the court decision, as well as the announcement of the court ruling, which ends the case without making a decision, is heard by all those present in the courtroom standing.

Participants in the trial address the judges with the words: “Dear Court!”, and they give their testimony and explanations while standing. Deviations from this rule may be permitted with the permission of the presiding officer.

Participants in the process and all citizens present in the courtroom are obliged to comply with the established order in the court session. The proper order in a court hearing should not be interfered with by the actions of citizens present in the courtroom and taking photographs and video recordings permitted by the court, and broadcasting the court hearing on radio and television. These actions must be carried out at places in the courtroom indicated by the court and, taking into account the opinions of the persons participating in the case, may be limited by the court in time.

A person who violates order at a court hearing is given a warning by the presiding judge on behalf of the court (Article 159 of the Code of Civil Procedure of the Russian Federation). In case of repeated violation of order, a person participating in the case or his representative may be removed from the courtroom on the basis of a court ruling for the entire duration of the court session or part of it. In the latter case, the presiding officer introduces the person newly admitted to the courtroom with the procedural actions performed in his absence. Citizens present at the court hearing for repeated violation of order are removed by order of the presiding officer from the courtroom for the entire duration of the court session.

The court also has the right to impose a fine of up to 1,000 rubles on persons guilty of violating order at a court hearing.

If the actions of a person violating order in a court session contain signs of a crime, the judge sends the relevant materials to the inquiry or preliminary investigation authorities to initiate criminal proceedings against the violator.

In the event of a massive violation of order by citizens present at a court hearing, the court may remove citizens who are not participants in the process from the courtroom and consider the case in a closed court session or postpone the hearing of the case.

Adjournment of the case

Postponement of the trial of a case is allowed in cases provided for by the Code, as well as in the event that the court finds it impossible to consider the case in this court session due to

• • failure of any of the participants in the process to appear,
  • filing a counterclaim,
  • the need to provide or require additional evidence,
  • attracting other persons to participate in the case,
  • performing other procedural actions,
  • occurrence of technical problems when using technical means of conducting a court hearing, including video conferencing systems.

The court may postpone the hearing of the case for a period not exceeding sixty days, at the request of both parties if they decide to conduct a mediation procedure.

If the trial of the case is postponed, a date for a new court hearing is set, taking into account the time required to call the participants in the process or request evidence, which is announced to the persons who have appeared against receipt. Persons who failed to appear and persons newly invited to participate in the process are notified of the time and place of the new court hearing.

The trial of the case after its adjournment begins again.

If the parties do not insist on repeating the explanations of all participants in the process, are familiar with the case materials, including the explanations of the participants in the process given earlier, the composition of the court has not changed, the court has the right to provide the participants in the process with the opportunity to confirm previously given explanations without repeating them, supplement them, ask additional questions.

If the trial of a case is postponed, the court has the right to question the witnesses who have appeared, if the parties are present at the court hearing. The second summoning of these witnesses to a new court hearing is allowed only if necessary.

The court hearing in which a civil case is heard consists of four parts:

1. 1. preparatory;
   2. consideration of the case on the merits;
   3. judicial debates;
   4. resolutions and announcement of decisions.

Each part has its own specific task, its own content, place in the trial and is intended to resolve only a certain range of issues. All of them, successively replacing one another, have a certain independence. At the same time, they are interconnected with each other and form a single stage of the civil process.