Guide
1
pass judgment based on law, it should be reasonable, fair.Guided document constitutes evidentiary base obtained during the trial.If the sentence imposed unreasonably, it is illegal and could be challenged in the supreme court.It should be consistently presented all the evidence, information confirming the conclusions of the court, and to refute them.
2
be reflected in the sentence, and that's why you refute information yl confirm them.This is reflected in a convincing explanation for the correctness of the document contained in judicial decisions and conclusions.
3
comply with the law in terms of drawing up th
e judgment.He decreed in the deliberation room.The judge can take a break during the working day, but does not have the right to disclose information, which became known to him during the trial, as well as the discussion and resolution of the sentence.
4
Answer the questions that matter so forth sentencing.Whether there was an offense, whether the defendant is guilty and if proved guilty, whether there are circumstances mitigating or aggravating punishment, what kind of punishment should be imposed, subject to the satisfaction of any claim for moral, material compensation for damage and others.All answers on the basis of the judge gives inner conviction, based on research of the case.
5
Consider the application of compulsory medical measures, if in the course of the proceedings it became clear that the person suffers from a mental illness or alcoholism.Please note, there was the face of sanity at the time of the crime, otherwise, would have to resume the judicial investigation, re-interview all the participants to conduct forensic examinations and a lot more, and then assign a forensic psychiatric examination.
6
Decide acquittal or conviction you will make.Unless the offense or it is not involved in the defendant and, if not constitute a crime, is acquitted.The conviction is imposed only in the case of unconditional confidence in the person's guilt.It can be with the appointment nakzanaiya, without it, to sentence and exemption from serving it.
7
Include an introductory document, descriptive and reasoning of the operative.Use the technical means at his writing, you can write with a ballpoint pen.Be sure to put a signature at the end of the document.Constitutes its in the language, which was conducted pleadings, corrections shall be specified and certified by all the judges who were present in the conference room at the time of even having a dissenting opinion.
8
Specify in the introductory part of the time and place of preparation, name of the court, and other information.The latter include the information on the identity of the defendant, the positive characteristics, information on criminal records, on the application of penalties in the past, the treatment in the mental hospital, etc.The descriptive part sets out all the circumstances of the charges, if there are grounds for acquittal or conviction.Here you can specify on the motives of the decision taken in respect of a civil action.
9
Note that the operative part must also contain information on the identity of the defendant, the decision on punishment, preventive measure and an explanation for damages.Here we describe the findings on the evidence in the case, the place of storage or transmission order persons who have participated in the process.Explain the procedure for appealing against the sides of the document where and in what instances they can do it.Stipulate the terms prescribed by the law and the consequences of such a decision.Usually the sentence magistrates can be appealed in the court of cassation court, federal judges - the appeal and appeal.The highest court is the Supreme Court.
10
announces the verdict in the courtroom, always listen to his standing.Be sure to proclaim it fully.If one of the actors do not speak the language in which the document is written, you can invite an interpreter.Within five days from the date of sentencing, participants can get up and read them in the courtroom.