A court hearing is a form of proceedings before a court. This moment is regulated by civil law and provides for the consideration of the same case during several hearings. In some cases, a court session is held to resolve issues of a procedural nature that are not relevant to the case itself.
Periods
So, the preparatory part of the hearing begins with its opening. It proceeds before the state prosecutor presents the actual charges, and the private prosecutor - statements.
Stages of the trial:
- Preparation.
- Consideration on the merits.
- Debate in court.
- The announcement of the decision in the case.
From general to specific
The meeting is as follows. At the appointed time, the judge enters the courtroom and reports on what case is being considered. The secretary notifies the appearance of witnesses in court, called to testify. Then the chairman establishes the identities who appeared in the hall. Witnesses are removed from the premises. The composition of the meeting is announced. The presiding judge then begins consideration of the applications. Absolutely all actions during the hearing are recorded. The preparatory part of the hearing is the verification of the appearance of testimonies of citizens.
Tasks of preparation for the court session
In preparation for the trial, the judge personally, in accordance with the established legislation, without incriminating the accused of his actions, checks the factual and legal grounds for considering the case.
The tasks of the preparatory part of the hearing are:
- Auditing. They include the fulfillment by the prosecutor of all procedural conditions that are necessary for the consideration of the case in court. These conditions include checking the grounds for consideration in the framework of criminal or civil law, serving the indictment to all interested parties.
- Law enforcement. This type of tasks includes the following questions: can the preventive measure prescribed by the court be changed, is it possible to satisfy petitions and complaints, have measures been taken to compensate for the harm caused, and confiscation of property.
- Regulatory. The preparatory part of the hearing is the preliminary hearing and the appointment of the trial.
Members
The main participant in the meeting is the trial court. Its main representative is one professional judge or a panel of several people, as well as jurors.
Referee
In this case, the judge in any of the above options also becomes the presiding person.
He, in the role of the chairman, supervises the trial, including in the deliberation room. His responsibilities include:
- Opening of the meeting with a presentation of all participants in the case under review and a decision.
- Consideration and study of all the circumstances of the case in the framework of the current legislation.
- Confirmation of the identity of the participants in the trial, an explanation of their duties and rights.
- Maintenance of order during the trial.
- Maintaining the record of the court session and its further certification.
Decisions of the chairman and his orders must be strictly implemented by all participants in the trial.
Secretary
The second participant in the meeting in the Moscow City Court is the secretary. He fills out the protocol, correctly reflecting in it all the events and actions of the participants that occur during the process. At the beginning of the proceedings, the secretary checks the attendance of the participants and reports to the chairman.
The prosecution and defense parties also play key roles in the trial. Both have the same duties and rights. Their rights include the challenge and challenge, evidence, debate and more.
State Prosecutor
The charge is represented by the prosecutor, who presents evidence of the guilt of the defendant. There are situations when, during the trial, by virtue of revealing new circumstances, the prosecutor concludes that the investigation indicted the case unreasonably. In this case, the prosecutor has the right to change the charge or express a desire to refuse it, motivating his decision. In some situations, the victim acts as a prosecutor in court. The latter’s failure to attend the meeting is not a reason for its cancellation, since the legal representative of the injured party can take part in the trial.
The defendant, in turn, is an obligatory participant in the court session. He has the right to represent his interests independently in the courtroom, to file motions and challenges, to speak in debates and to present evidence of his innocence. The absence of the defendant under the law is permissible only if it is a case of acts of small and medium severity. However, convincing evidence must be provided to the court that the defendant is absent from the hearing for a good reason. It is also possible to consider a case without a defendant when it comes to the rehabilitation of a deceased person, or when he was removed from the courtroom for inappropriate behavior that violates order.
The defendant’s right to defense, which is represented by a lawyer, is legislatively fixed. He performs the same functions as the public prosecutor, but they are entirely aimed at protecting the interests of the accused. If during the trial one defender replaces another, then he needs time to familiarize himself with all the materials of the case.
Conditions for consideration of the case in the absence of one of the parties
When it comes to civil matters, the parties to the defense and the charges are represented by the defendant and the plaintiff, respectively, as well as their legal representatives. If one of the parties ignores the hearing, the lawsuit will remain pending. However, there are a number of conditions under which a hearing can still take place in the absence of anyone:
- The plaintiff or his legal representative filed a motion to hear the case in the absence of the defendant.
- The lawsuit in a civil case is supported by the prosecutor.
- The defendant agrees with the charges and is ready to bear responsibility for the committed acts.
The court's decision
The materials received in the preparatory part of the hearing are the basis for a decision. The presiding judge may appoint:
- Jurisdiction case.
- Preliminary hearing.
- Judicial sitting.
This decision is expressed in a court order, which must necessarily contain the following information:
- Place of judgment and date.
- The full name of the court, as well as the full name of the presiding judge who issued the verdict.
- Justification of the decision adopted in the decision.
The decision on the fate of the criminal case is taken within a month after it is received in court. If the accused is in custody, a decision is made within a period of up to two weeks. If one of the parties expresses a request for additional familiarization with the case file, the court may satisfy it.
Copies of the decision on the decision are provided to the injured party, the accused and the public prosecutor. A preliminary hearing may be held later. It is carried out in the following cases:
- The presence of a petition from one of the parties to exclude concrete evidence from the case file.
- The presence of a reason that allows the prosecutor to return the criminal case.
- The presence of reasons for the termination or temporary suspension of the case.
- The decision on the participation of jurors in the proceedings.
A request for a preliminary hearing is filed by the parties after familiarization with the case file. Also, a preliminary hearing in the Moscow City Court can be scheduled within three days after the indictment in the case and the intention to appeal it.
At the considered request from the prosecutor, the plaintiff or the victim, it is possible to issue a resolution that provides for measures to compensate for damage or confiscation of property. The enforcement of this decision is executed by the bailiffs.
All interested parties involved in the process should be notified of the date and place of the hearing five days or more before the start. When a hearing has already been scheduled, the defendant is not entitled to change the conditions of the hearing. The executor of the preparatory part of the court session is the judge and controls all its stages.