Judicial debate is what?

Judicial debate is one of the independent parts of the process in court, during which the parties, using replicas and speeches, assess various circumstances that were established during the investigation. In addition, defenders and prosecutors try to analyze all the evidence obtained and provide the judge with their points of view and considerations about the charge, the level of punishment and other issues that are related to the case.

What do you need to know about the debate?

Despite the fact that the debate is just part of the lawsuit, it plays one of the most important roles in it. This can be explained by the fact that defenders in this way can add some important information about the participants, which will help them avoid illegal punishment. Judicial debate also provides an opportunity to speak out to each of the parties.

How is this process going?

Of course, the debate is such a part of the court cases, which must necessarily take place in accordance with the procedures established by the civil procedural law. First of all, the court must issue a ruling at the time when it accepts the claim. By this definition, she either accepts the claim for consideration, or rejects it (in the event that it was issued without observing the necessary rules and regulations).

After this stage, the study of the evidence that was submitted along with the claim begins. When they are studied, the very controversy begins. The most difficult in legal terms are questions about the inheritance, since there may appear a fairly large number of "pitfalls." As a rule, the debate takes place in a special room, which is reserved for these processes. Experts argue that all information is best prepared separately, so that you can then attach it to the case.

Procedural rules

Debate is a complex process, therefore its procedural rules are known only to professional lawyers. First, you should know that the accumulation of evidence that was collected earlier is necessary in one whole. It does not matter whether you are a healer or an advocate. After graduation, the court provides an opportunity for each side to add replicas, if any. This stage of the trial is considered the most vivid and memorable, because here the lawyer has to make every effort to show how good a speaker he is.

The debate between the parties

This process, as a rule, consists of speeches of the prosecutor and the defender. They must take turns. If the defender is not present, then the accused himself will speak in his place. Also in the debate, in some cases, the victim can also take part. The court decides whether the parties will debate or not. In the queue for statements the first place is always occupied by the person who suffered. The defendant himself speaks last. Also, attorneys take part in the process. It should be remembered that one can not take into account the evidence that was not previously considered in court.

This process has no special legal boundaries, but the judge can stop it when it considers it necessary. Especially often, a break occurs in the event that someone said something that is not relevant. After a short hearing, the debate can continue from the moment they stopped. During the "last word" of the defendant, he can no longer ask any questions. But there are no restrictions on the duration of the "last word" either. But here again the judge must follow that the speech was relevant, clear and certainly informative.