Criminal procedural activity is completely riddled with relevant documents. A court verdict is one such act. It is accepted at the final stage of the trial. It contains information on the guilt or non-involvement of a certain person in the commission of an unlawful act, and also determines the punishment. What properties should a court verdict have, how can one appeal it?
Read about it below.
Doctrine
In criminal law, a sentence is the only legal basis for establishing a person’s guilt of a crime. This position was born by virtue of the presumption of innocence. In addition, in the doctrine, a sentence refers to a separate enforcement act. It is in it that the authorized judge draws conclusions about the case and gives answers to questions about it. A court verdict must have such characteristics as legality, validity and fairness. The first property is expressed in the fact that this decision should be based on the instructions of normative acts. The second quality means that the verdict in a criminal case must be based on real facts. And finally, the third characteristic indicates that the punishment should be adequate to the gravity of the act committed. Thus, when making a decision, a judge must act within the strict framework established by law.
Practice
The verdict is passed at the end of the hearing. In its meaning, it is divided into several parts, and each has its own characteristics. The first one
introductory, as a rule, contains information on the date and place of adoption of the sentence, on the name and composition of the court. In addition, it indicates data on the defendant, as well as on the articles under which he is held accountable. The next part is descriptive and motivational. In it, the judge determines what was established during the meeting, and also substantiates his conclusions. And, finally, the operative part directly contains the decision that was adopted as a result. A pronounced sentence shall be recognized as having entered into force upon the expiration of the period given for its appeal. After that, the information specified in this decision is formally true.
Appeal
If the person directly affected by the decision made in the verdict does not agree with the verdict, he has the right to demand a review. There are three types of appeal. The first of them is the appeal. A rather short period is set for him - only 10 days. In this order, you can change decisions that have not yet entered into legal force.
A cassation appeal against a court verdict is filed within a year after the announcement of the verdict. In addition, it is possible to achieve the cancellation of the decision in a supervisory order (third type). An appeal is an important guarantee of the protection of the rights of the defendant, since it allows you to correct some mistakes made during the production process. Indeed, at stake are human destinies and lives, and this is a rather expensive fee for judicial errors.