All sentences in Russia are issued on behalf of the state. In this regard, the Russian Federation imposes strict requirements on the observance of the law, justice and validity of acts of justice handed down by the court.
What it is?
In order to study the types of sentences and the grounds for their pronouncement, it is necessary to clearly understand what the term “sentence” itself is.
A sentence is a decision made on behalf of the state, on the basis of which a citizen having the status of a defendant is found guilty or innocent of a crime.
In addition, regardless of the types of sentences, all of them without fail contain information on the imposition of a punishment on a person or on release from him.
Principles of Justice
The sentence, regardless of its type, must be based on the letter of the law, motivated, fair and justified. Compliance with these conditions is dictated by the requirements of the Code of Criminal Procedure of the Russian Federation.
So, the legality of the sentence implies the exact use of the norms of the criminal law, as well as the conformity of the decision procedure, type and content of the said act of justice with the generally established norms of international law.
A sentence is considered motivated if it is based on factual and legal arguments.
The justice of the sentence is a socio-moral characteristic that builds on the moral views of the participants in the trial. The justice of an act of justice is a subjective concept, because, for example, the victim in most cases will consider the sentence unjust and too lenient, while the accused and his relatives are likely to be sure that the sentence, on the contrary, is very strict.
Justification is the correspondence of the real circumstances of the act established during the judicial investigation to the evidence gathered in the criminal case file. The validity includes the correspondence of the judicial findings to the real circumstances of the incident.
“You can’t have mercy”
The well-known phrase “you can’t execute pardon”, depending on the setting of the comma, will have an accusatory or acquittal value. So what types of sentences exist?
There are two types of sentences:
- exculpatory;
- accusatory.
Courts of acquittal are issued less frequently than convictions. The decision on acquittal shall be taken by the court if there is one or more reasons:
- In the process of pre-trial investigation and trial, the crime event was not established.
- It turned out that the person is not related to the act in question.
- The person’s actions do not show signs of a crime.
- By decision of the jury, the defendant was found not involved in the commission of a crime.
Simply put, the decision to issue an acquittal is made when the citizen’s innocence is proved or, on the contrary, his guilt of the crime charged is not proved.
In all of the above options, a citizen is released from liability and receives the right to rehabilitation. However, depending on the basis, he is vested with the right to a civil action or is deprived of it. Therefore, in the text of the specified normative act, the judge clearly spells out the basis for the sentence justifying the person.
A guilty verdict is passed when the defendant's guilt is absolutely proven. However, there are several varieties of this sentence.
Guilty verdict: nuances
Types of convictions:
- With the appointment and serving of punishment.
- With the appointment of punishment and release from serving it. It takes place during the publication of the relevant amnesty act or if the period of a person’s stay in custody in a criminal case absorbs the sentence established by the court.
- Without sentencing. A similar sentence is imposed when the court decides that the conviction of a person already helps to achieve the goal of punishment. According to such a sentence, the defendant is considered guilty, his actions are given the appropriate qualifications, but the court decides not to assign him a criminal punishment.
Sentence structure
Types of sentences in criminal proceedings do not affect their structure. Any sentence is based on the introductory, descriptive, motivational and resolutive parts.
The introductory part carries general information, which consists in indicating the date and place of the sentence, the data of the judge, secretary and other persons participating in the meeting (the defendant, the victim, their defense counsel, the public prosecutor).
The introductory part also includes information about the defendant: his personal data, social status, presence (or absence) of a criminal record and articles of the Criminal Law of which the defendant is accused.
The descriptive and motivating part describes in detail the act itself, which the court recognized as evidence, the evidence base, on the basis of which the court passed a guilty verdict. In addition, this part prescribes the motives for resolving all issues relating to the imposition of punishment, release from it or serving it.
The narrative of the conviction has several differences. So, information is laid in it: the essence of the charge, the circumstances of the case, established during the trial, the grounds for the acquittal of the person and the evidence confirming them.
The operative part of the verdict contains “summary” information: personal data of the defendant, decision on whether he is found guilty or not guilty of a crime; evidence on the basis of which the court made a decision; circumstances mitigating or aggravating the punishment.
The acquittal indicates the decision to repeal the previously selected preventive measure and explains the procedure for compensation for damage resulting from criminal prosecution.
The meaning of the sentence
The considered act of justice is of great importance, which is expressed in the following:
- he is recognized as the only normative act on the basis of which a citizen is considered guilty (or innocent);
- It is the “finale” of the work of the investigating authorities and courts, summing up the work done in the criminal case;
- protects the rights, freedom and legitimate interests of all participants in criminal proceedings;
- gives a socio-legal assessment: expresses the attitude of society towards the committed act and the person who committed it;
- instills in citizens confidence in justice, the inevitability of punishment, forms and strengthens law-abiding behavior of citizens.
Is it possible to cancel the sentence?
Having examined the term "sentence" (meaning), the types and grounds for its adoption, it is worth knowing whether these acts of justice are subject to repeal.
All types of sentences may be quashed. The legislative framework of the Russian Federation provides a strict list of grounds for the existence of which the sentence is subject to cancellation.
These include:
- inconsistency that arose between the conclusions reached by the court and the actual circumstances of the case (for example, the conclusions of the court are not supported by evidence or the court did not take into account any significant circumstances of the case when pronouncing the sentence);
- violation of the law (this includes violation of the rights of the defendant, the termination of the criminal case if there is reason for it, and even the absence of the judge’s signature in the sentence);
- incorrect application of the criminal law and injustice of the sentence.
An injustice of a sentence can be expressed in the imposition of either a too mild or an excessively harsh punishment (in this case, the punishment may not go beyond the framework provided for by the corresponding article of the Criminal Code of the Russian Federation).
Summarizing…
The verdict is the most important act of justice, recognizing the citizen guilty or not guilty of the act incriminated to him.
The considered acts of justice are of great social and procedural significance.
The concept and types of sentences in criminal proceedings are the foundation on which justice is built and on the basis of which courts issue justice acts.
The CPC divides the types of sentences into indictments and acquittals. The indictments, in turn, are divided into the following types:
- with sentencing;
- with the appointment of punishment and release from serving it;
- without sentencing.
A sentence should always be based on justice, legality, and should also be motivated and justified.