LawCriminal law

CCP RF: the verdict is ...

Verdict is a special decision that is the result of a lawsuit. The term itself has Latin roots. In translation, the verdict is "rightly said." This decision indicates the guilt or innocence of the defendant. As pointed out in point 5, art. 5 of the Criminal Code of the Russian Federation, it is taken by the jury.

General information

When discussing issues posed to the jury, they should strive to achieve a unified opinion. If, however, during the time allocated to them, they did not reach a compromise, then the decision is made by voting. Under Article 341 of the Code of Criminal Procedure, after the chairman of the court pronounces the parting word, the college leaves the courtroom in the advisory room. There they must discuss the circumstances of the case and make a verdict. This meeting is considered closed. The presence of persons other than members of the board is not allowed.

Progress of the meeting

As the art. 342 of the Code of Criminal Procedure, the head of the meeting is the sergeant-major. They put questions for discussion in the sequence, which is indicated in the question sheet. The foreman also votes on the answers and counts the votes, which results in the final verdict of the jury. A mandatory condition for voting is that no one can abstain. The sergeant-major gives his last vote. When night time arrives, as well as at the end of the working period (with the permission of the presiding officer), the board may suspend the meeting. At the same time, they have no right to disclose the reasoning and opinions that took place at their meeting.

Solutions

The collegium can accept a guilty verdict. This means that the majority of the participants in the meeting voted in favor of an affirmative answer to each of the three questions posed. An acquittal verdict can also be adopted. This, in turn, means that at least six participants gave their votes for negative answers to any of the three questions raised. The opinion on other items is determined by a simple majority. When the votes are divided equally, the answer is considered, which is considered the most favorable for the detainee. When passing a verdict "guilty", the jury can change the charge in a more positive way for the defendant.

Characteristics of answers

The opinion on this or that question should be in the form of an affirmative "yes" or a negative "no." In this case, an explanatory phrase (word) must necessarily be present. It must disclose or clarify the meaning of the answer. For example: "No, not guilty" or "Yes, guilty". If the answer to any question excludes the need to speak out about another (for example, the question "is it proved that the action took place", the board responds negatively), the foreman, by agreement of the majority, inscribes the words "without an answer". If a decision on any item is taken by voting, then the result obtained in the vote count is indicated after it. He is also inscribed by the sergeant-major.

Additional explanations

During the meeting, some points may not be clear enough for the representatives of the board. In accordance with Art. 344 of the Code of Criminal Procedure, in this case the college returns to the courtroom, and the foreman addresses with a corresponding request to the presiding judge. In the presence of the parties, the latter gives the necessary explanations. The presiding may also, after listening to opinions, make any necessary clarifications in the questions, if necessary. With regard to the changes, a short speech is written, which is recorded in the protocol.

Verdict of the jury

After the end of the meeting, the question sheet shall be signed by the petty officer. Then the college returns to the courtroom. The sergeant-major proclaims the decision, which those present listen to while standing. On the question sheet, questions and answers are read out. The proclaimed decision is passed on to bring the case to the presiding court. He, in turn, afterwards thanks the college and announces the completion of their mission. Discussion of the consequences is carried out without the participation of jurors. Nevertheless, they can remain in the courtroom and take the seats reserved for the public. If a decision was made on innocence, the defendant is declared justified and immediately released from custody. When making an acquittal verdict, issues related to the resolution of a civil claim, material evidence, the distribution of court costs are discussed and investigated . When deciding on the guilt, the circumstances that are related to the qualification of the committed act, the punishment and other issues considered within the framework of this result are examined. At the conclusion of the study, these circumstances go to the parties' arguments. During them, the last act first defender, and at the very end - the defendant.

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