Court conviction should be based solely on proven facts. It is not allowed to approve the decision by assumption. Let's consider further what features conviction.
Classification
Criminal procedure legislation distinguishes three types of sentences:
- With the imputation of the punishment to be executed (serving).
- With the appointment of sanctions with exemption from its implementation.
- Without punishment.
Each specified act has its own specifics.
Enforcement order to be enforced
Such conviction It is decided if the citizen’s involvement in the crime is proved. Moreover, the subject has all the signs necessary for imputing punishment, and it, in turn, must be executed. Conviction in this case must contain mandatory information. These include:
- Type of punishment and its duration.
- Conditions of serving.
- The beginning of the period of execution of the sanction.
The nuances of calculus
It must be borne in mind that the period of serving the sanction in the form of imprisonment includes the period of the subject's detention during the preliminary investigation, as well as the trial of the case in court. It also includes the citizen’s stay in a psychiatric hospital if he has been diagnosed with a disorder in connection with which a compulsory medical measure was applied, and subsequently he was held accountable under the general rules.
Decree with imputed punishment and exemption from its execution
Conviction this type is approved if there are special grounds. They are provided for in Article 302 of the Code of Criminal Procedure. Such grounds include:
- The publication of the act of amnesty at the time of adoption of the decision. Having identified this circumstance, the court, which found the citizen guilty, qualifies the crime that he committed in accordance with the relevant norm of the Criminal Code and, following the general procedure, imposes punishment on him. If the act of amnesty completely absorbs the sanction, a decision is made to exempt the person from its execution. If partial removal of punishment is provided, then by a court order it shall be reduced. In this case, the remainder of the sanction to be executed is determined.
- If a court convicted with imputed punishment, which completely absorbs the time a subject is in custody, he is subject to release from his serving.
Decree without sanction
The Code of Criminal Procedure provides for cases when conviction does not indicate sanction. Such a decision is adopted when a minor is released from punishment with his referral to a specialized educational institution. In the 432th article of the Code of Criminal Procedure (Part 2), the conditions are established under which compliance with this decision is allowed:
- When considering cases of grave or moderate acts. The exception is the offenses provided for by the 92nd article of the Criminal Code in part 5.
- Recognition by the court of the placement of a minor in a specialized institution as sufficient for education and correction.
- When fulfilling the rules established by Article 92 of the Criminal Code.
Taking into account these conditions, the court, having decided the sentence and not sentencing, is obliged to send the minor to a specialized institution for a specific period. When determining it, the circumstances of the case and information about the identity of the citizen are taken into account.
Other cases
A sentence without imposition of punishment shall also be imposed if, during the course of the proceedings, it is established that the statute of limitations for the prosecution has expired or is subject to termination on the basis of an amnesty act. In such a situation, the consideration of the case is carried out before its resolution in the usual manner. Upon conviction of a citizen, a sentence shall be issued with exemption from sanction. Moreover, the resolution does not indicate the type, size or duration, conditions of serving the sentence. The court acts in a similar way if, during the course of the consideration of a case of an act of moderate or minor gravity, it is revealed that the minor can be corrected without imposing criminal sanctions on him, but with the use of compulsory educational measures against him. A decision without indication of punishment shall be adopted even when during the trial it is established that the citizen has ceased to pose a threat to society or his deed has lost danger. Such a decision is admissible when considering cases of moderate / minor severity.
Content of the decision
The conviction must reflect the essence of the decision in the case. Each decision has an individual content, depending on the characteristics and circumstances of the crime. The most important thing in the trial is making the right decision. However, its correct presentation is no less important. The legislation establishes a sentence form. The decree must include an introductory, descriptive, motivating and resolutive part. The sentence shall be stated in the language used in the proceedings.
Performance issues
A conviction that has entered into force must be implemented in a timely and accurate manner. This is the meaning of its adoption, the key to the effectiveness of established measures. Meanwhile, there are a number of reasons why the execution of the decision becomes impossible. In particular, it is:
- About a serious illness of the convict.
- Deferral of execution.
- Natural disaster.
- Abuse of authority.
- Negligence.
- Lose when forwarding, etc.
In such cases, the decision may not be executed, which significantly reduces its preventive, educational and punitive value. Expired statute of limitations may also be the reason for the failure to implement the measures established by him. In addition, the long time that has elapsed since the adoption of the decision may make its implementation inappropriate. In such cases, the law provides for the possibility of release of a citizen from serving a sentence.
Prescription
A citizen is exempted from the duty to serve a sentence if the decision establishing him was not executed within two years for acts of small and six years - moderate, ten years for serious, and 15 years for especially serious crimes. The calculation of the indicated periods is carried out from the moment the sentence comes into force. The period may be suspended if a citizen evades serving the punishment imputed to him. From the date of detention of the person or his confession, the terms shall be renewed. The periods that expired at the time of the citizen's evasion from serving the imputed punishment shall be set off.
Guarantees
Court conviction may be reviewed. The procedure for verifying the validity of decisions by higher authorities is not only aimed at correcting errors. Courts often lose unity both in understanding and in the application of legal norms. This, of course, negatively affects the validity of decisions and, as a result, the authority of the authorities. Guarantee that conviction may be reviewedestablished at the constitutional level. It is enshrined in the 50th article of the Basic Law. In paragraph3 indicates that every citizen in respect of whom guilty verdict, may rely on the verification of the decision by a higher authority. A similar provision is provided for in paragraph 1 of Article 2 of Protocol No. 7 to the European Convention on Human Rights.
Verification Methods
The conviction may be reviewed on appeal or revision. The first option has the following features:
- Initiation of proceedings is carried out in the presence of a complaint from one of the parties.
- The consideration of the case is carried out in the framework of the claims. The court may respond to identified violations if they are present in the complaint. The sentence is not subject to cancellation or change, if the rights of the subject who has not filed a claim are violated.
- The decision is checked during the re-examination of the case with the study of evidence, limited solely by the limits of the complaint.
- The court may pronounce another sentence; therefore, the case file is not returned to the first instance.
Revision procedure
The review in this case is aimed at verifying the legality of the sentence, regardless of the position of the parties. In this regard, it is considered public and ensures the interests of the state and society. The audit procedure is characterized by the following:
- Initiation of proceedings may be carried out not only on the basis of complaints from the parties, but also at the initiative of state bodies operating in the field of justice. They are the prosecutor's office and the court.
- The institution verifying the decision may respond to any violations found, whether they are present in the complaints or not.
- The court has the right to take measures to protect the interests of persons who have not filed a claim.
- Verification of the decision is carried out exclusively on written materials without a direct study of the evidence.
The court cannot reveal new facts and approve a new sentence. In this regard, he has the right to refer the case to the first instance for retrial.