A 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 paragraph 5, Article 5 of the Criminal Code, it is accepted by the jury.
General information
When discussing the issues posed to the jury, they should strive to achieve a consensus. If during the time allotted to them, they did not come to a compromise, then the decision is made by voting. Under article 341 of the Code of Criminal Procedure, after the presiding judge pronounces a parting word, the panel leaves the courtroom for the deliberation room. There they must discuss the circumstances of the case and reach a verdict. This meeting is considered closed. The presence on it of persons other than members of the board is not allowed.
Meeting progress
As art. 342 of the CPC, the foreman at the meeting is considered the foreman. He poses questions for discussion in the sequence indicated on the question sheet. The foreman also conducts a vote on the responses and carries out the counting of votes, which results in the final jury verdict. A prerequisite for voting is that no one can abstain. The foreman gives his voice last. At night time, and also at the end of the working period (with the permission of the chairman), the board may adjourn the meeting. However, they are not entitled to divulge the reasoning and opinions that took place at their meeting.
Decision options
The board may pass a guilty verdict. This means that most of the participants in the meeting voted in the affirmative answer to each of the 3 questions asked. An acquittal may also be adopted. This, in turn, means that at least six participants in the meeting cast their votes for negative answers to any of the three questions posed. Opinion on the other points is determined by a simple majority. When dividing the votes equally, the answer shall be accepted, which is considered the most favorable for the detainee. By issuing the verdict “guilty,” the jury may change the charge in a more positive direction for the defendant.
Characteristics of the responses
Opinion on this or that issue should be in the form of an affirmative "yes" or a negative "no." At the same time, an explanatory phrase (word) must be present. It should disclose or clarify the meaning of the answer. For example: "no, not guilty" or "yes, guilty." If the answer to a question excludes the need to speak out about another one (for example, the panel answers negatively to the question “is it proved that the action took place”), the elder, by agreement of the majority, writes the words “no answer”. If a decision on any item is made by voting, then after it shall be indicated the result obtained in the vote count. He is also entered by the foreman.
Additional clarification
During the meeting, some points may not be clear enough to the panel members. In accordance with Art. 344 of the CPC, in this case the board returns to the courtroom, and the foreman makes a request to the presiding judge. In the presence of the parties, the latter provides the necessary clarifications. The presiding judge may also, upon hearing opinions, make appropriate clarifications to the issues, if necessary. Concerning the changes, a short parting speech is made, which is recorded in the protocol.
Jury verdict
After the meeting, the questionnaire is certified by the signature of the foreman. Then the board returns to the courtroom. The foreman announces a decision that those present listen to while standing. The questionnaire reads questions and answers to them. The proclaimed decision shall be submitted for introduction to the case by the presiding judge. He, in turn, after that thanks the board and announces the completion of their mission. The discussion of the consequences is without a jury. However, they can remain in the courtroom and take seats reserved for the public.
If a decision has been made on innocence, the defendant is declared acquitted and immediately released from custody. When issuing a verdict of acquittal, issues related to the resolution of a civil lawsuit,
physical evidence, and the distribution of
legal costs are discussed and investigated
. When deciding on guilt, a study is made of the circumstances that are related to the qualification of the committed act,
sentencing and other issues considered in the framework of this result. At the end of the study, these circumstances proceed to the debate of the parties. During them, the defender first appears last, and at the very end - the defendant.