Special procedure for trial in criminal proceedings

Legal proceedings in our country are carried out in courts of I, II instance, as well as in cassation procedure. The court of first instance (world, district, regional) in the theory of criminal law can conduct a judicial investigation both on general grounds and on special grounds. The process in this case is called the “special court procedure”, it is much simpler for all parties and is distinguished by a faster review. Law enforcers call this procedure "simplified." However, this order has its own characteristics and application provisions. This will be discussed below.

Regulations

All legislation of the Russian Federation is based on the Constitution of the country, and the criminal process is no exception.

The special procedure for judicial proceedings in criminal proceedings is regulated by the country's criminal procedure law (Code of Criminal Procedure of the Russian Federation No. 174 FZ of 2001, December 18, with the latest amendments on June 6, 2017) - Section 10, Chapters 40 and 40.1.

In addition to the normative legal acts enshrined at the federal level, there is also the Decree of the Plenum of the RF Armed Forces No. 60 dated 05.12.2006 “On the application by the courts of a special procedure for the trial of criminal cases”, which provides clarification to the courts on some particular aspects of the application of this order.

The concept

The concept and significance of the special procedure of the trial is enshrined in the theory of the Code of Criminal Procedure and implies a shortened trial (its order), in which the state prosecution (or private) and the victim give their consent so that the accused initiates (by filing an application) a simplified ( special) order, and could also petition the court for a sentence, bypassing the stage of “judicial review” (without interrogations, investigation of the evidence base and other procedural actions). The judicial system has certain features in the application of a special judicial procedure. This order, in the opinion of law enforcers, is “beneficial” for all parties to the criminal proceedings. In this proceedings, there are features of the application of a special trial (conditions, factors, assessment), they will be discussed below.

Factors for Simplification

Consideration of a case in a special judicial proceeding is determined by such factors as:

1. Socially dangerous act (object of crime). Crime should not be grave and especially grave.
2. Term of punishment. The term of punishment for a committed crime may not exceed 10 years.
3. The degree of complexity of the study and the end of legal proceedings. There can be no doubt and discrepancy in the fact of the crime and the availability of evidence, since the court does not conduct a judicial review and the authenticity of the materials - evidence of a particular case.
4. The socio-political significance of the act. The case under consideration cannot be resonant, loud, concern persons holding the posts of state. and municipal employees.
5. The importance of crime for the subjects of criminal investigation. The accused initiates such a process, after consulting with his defense counsel, but only with the consent of the prosecution and the victim.
6. Under this procedure, the accused is exempt from legal costs.

Conditions of use

A special procedure for a trial may be appointed by a court only under certain conditions.

1. A trial in a special (simplified) order is possible only with respect to adult capable persons.If the crime is committed by a minor citizen, then production is possible only on the basis of general rules.
2. The special procedure for the trial (“simplified case”) is carried out only with the personal statement of the accused (not suspected and defendant), and not his representative or lawyer.
3. The consent of the prosecution under a special trial procedure is one of the most important conditions for a “simplified case”. A written consent is required from the public / private prosecution and the victim. Otherwise, the general order.
4. A person recognized as an accused and submitting such a statement must understand the fact of his actions, be aware of the nature and consequences of such a statement. And a prerequisite for the accused is agreement with the prosecution.
5. “Simplification” takes place with the participation of the accused, his defense counsel (the right to defense is guaranteed by the constitution) and the prosecutor. In such proceedings, the court may examine materials directly relating to the identity of the accused, mitigating and aggravating circumstances. The remaining case materials are not investigated and evaluated in legal proceedings.
6. The court, passing a guilty verdict, cannot impose a sentence of more than 2/3 of the maximum term or amount of the most severe type of punishment for a crime under the criminal code.

Application for "simplification"

A special procedure for the trial in criminal proceedings is possible when the accused filed a motion to conduct such a trial. To file such a petition, the accused is given the opportunity during certain periods of the investigation. Applications for “simplification” are accepted when:

1. The accused is provided with criminal case materials for review. As a rule, during this period the investigator (interrogator) explains the accused this right.
2. The accused is familiarized with the indictment or the conclusion of the investigator or interrogator.
3. Preliminary hearings are held directly related to certain circumstances of the case.

Only the accused, the suspect and the defendant have the right to petition the judiciary to apply the “simplified case” to the legislator.

Clarified conditions before the appointment of "simplified"

A special trial procedure is possible with the consent of the accused. Before starting a trial in a special order on the initiative (consent) of the now defendant, the court is authorized to find out from the parties the following conditions:

1. Does the accused have full agreement with the accused? Consent must be in full with all the facts and episodes underlying the charge, and not with its part.
2. Sentencing of the case. Is there a petition of the accused for sentencing without judicial review and assessment of evidence.
3. Compliance with Art. 315 Code of Criminal Procedure. Whether a petition for “simplification” was filed at the moment when the accused was no longer a suspect, but had not yet become a defendant. And also the court finds out the fact of preliminary consultation of the accused with his defense counsel.
4. Awareness of their actions by the accused. The court must ensure that the accused is fully accountable to his actions and anticipates the consequences arising from the filing of this statement.
5. Term of punishment. Does the alleged act comply with the sanction of the article of the Criminal Code with a sentence of not more than 10 years.
6. Objections The court finds out whether the state (private) prosecution and the victim have objections to the consideration of the case in this order.
7. The absence of a group of persons. In judicial proceedings in this order, the accused must be alone. In relation to crimes for which there are several accused (group of persons), such proceedings are not carried out.
8. Justification of the charge. The court finds out whether the charge is justified, whether there is supporting evidence of the guilt of the accused.
9. Termination of business. There is also a prerequisite for the court to ascertain whether there are any grounds in relation to the accused of terminating the criminal prosecution, since the acquittal is not issued in a special order.

Court refusal

A request for a trial in a special manner may be rejected by the court (in this case, the proceedings will be conducted in the general manner), if the court has doubts about the evidence collected, the court will also question the validity of the charge. Even if all the formalities for such proceedings are followed, the court is still entitled to decide whether to apply this procedure or not. A special procedure is a right, and not an obligation, therefore, a court can, without making a written reasoned refusal in case of doubt, refuse such proceedings. Such a production is possible only if there are substantial, not formal conditions.

Order of conduct

After a specific criminal case is submitted to the court of first instance, the court begins consideration of the case in a special judicial proceeding, checks how well-founded the prosecution is, whether there is sufficient evidence.

The court also considers the application of the accused for trial in a special order, finds out the consent of the parties to the prosecution and the victim to such an order.

Next, the date and time of the criminal trial are set, in which the evidence is not examined and the witnesses are not questioned, however, the court may question persons who can characterize the accused, give an assessment of mitigating and aggravating circumstances.

Next comes the opening of the hearing and it begins with the identification of the now defendant, his consent to the indictment, ascertaining whether he confirms his consent to the “simplification”. The side of the prosecution is also heard. In the absence of objections to the conduct of legal proceedings in this order, the case is considered further. Otherwise, the general procedure for legal proceedings is applied, and the consideration will be scheduled for another time.

The court hears the accuser and the defendant; it becomes clear that they agree with the charge.

Next is a study of characteristics that mitigate and aggravate circumstances. The defendant has the right to make explanations and additions.

In the absence of objections from the participants in the trial, the court proceeds to the stage of “debate of the parties”. The prosecution makes its proposals on the charge and the possible time, type of punishment. The protection party also enjoys the same right. And the defendant comes last with his remarks and the last word.

As a general rule, the secretary of the general meeting keeps a protocol that reflects the entire course of the proceedings. You can get acquainted with the recorded information later.

Refusal of the accused from a special order

Formally, the Code of Criminal Procedure (Chapter 40) does not provide for the refusal of the accused to take legal proceedings in a special manner, but based on the principles of criminal proceedings, such a refusal is quite possible. A refusal to conduct a “simplified case” may be announced by the accused at any time up to the decision on the appointment of a criminal case in a special manner. When making such a decision, the proceedings on the case proceed in a general manner.

Side of protection against "simplified"

The defense in a special judicial proceeding, as in any other consideration, is guaranteed by the state. A special trial procedure is conducted only at the request of the accused. The prosecutor and the victim may not give such consent, which will serve as a refusal to conduct a “simplification”. But the opinion of the defense is not of fundamental importance for the court.The defender acts as a representative of the interests of the accused, but he does not have the right to take any procedural decisions for his ward, including being against conducting “simplified” proceedings.

Sentence and appeal

As mentioned above, a sentence imposed in a special judicial proceeding can only be guilty. In this case, there can be neither an acquittal nor a closed case (under any of the existing conditions).

Also, such a sentence cannot be appealed to a court of second instance on the facts and circumstances of this case. An appeal can only be in cases of violation of the legislation of the country. The verdict can be canceled or changed on appeal if the factual circumstances of the case (incorrect qualification, amnesty, statute of limitations) are not changed.

If the court of the second instance decides that the decision (sentence) of the court of first instance is contrary to the norms of the legislation of the country, then it cancels the decision (sentence) of the court of first instance and appoints the consideration of the case in the general manner, with the participation of witnesses, consideration and assessment of evidence.

Conclusion

So, having examined the topic “Special Order of the Trial”, in the language of law enforcement, “simplified”, we can draw the following conclusions:

1. In order to apply a special judicial procedure with the consent of the accused, his mere consent and initiative is not enough, it is necessary to have the consent of the prosecution and the victim.

2. In this case, no judicial investigation is carried out, for the participation in the trial the presence of the accused, his defense counsel, the prosecution and the victim is sufficient.

3. Concerning the defendant (he had the status of “accused” before the start of the proceedings), only a guilty verdict can be passed (punishment 2/3).

4. The defendant (formerly the accused) is exempted from legal costs, and such a process goes much faster than the general procedure.

5. The court cannot refuse the parties to the debate and deprive the accused (at the hearing of the defendant) of the last word.

6. The court may cancel or re-qualify the crime, but only if the actual circumstances of the case do not change and it will not be necessary to conduct a study of evidence.

And the last conclusion: the trial on the so-called "simplification" can safely be accepted when the crime is committed for the first time, the act belongs to the category of crimes of minor gravity. In this state of things, the courts, as a rule, impose a sentence of conditional imprisonment, however, both the court and the prosecution look positively at the sincere recognition and cooperation of the accused with the investigating authorities and the court.