What is a court verdict?

The criminal procedural activity is completely imbued with the relevant documents. The sentence of the court is one of such acts. He is accepted at the final stage of the trial. It contains information about the guilt or non-involvement of a certain person in the commission of a wrongful act, and also determines the penalty. What are the properties of a court verdict, how can you appeal against it? Read about it below.

Doctrine

In criminal law, the verdict is the only legal basis for establishing the guilt of a person in the commission of a crime. This position was born due to the presumption of innocence. In addition, the doctrine under the sentence is understood as a separate law enforcement act. It is in him that an authorized judge makes conclusions about the case and gives answers to questions about it. The sentence of the court must have such characteristics as legality, validity and fairness. The first property is expressed in the fact that this decision must be based on the instructions of normative acts. The second quality means that the verdict of a court in a criminal case must be based on real facts. And, finally, the third characteristic indicates that punishment should be adequate to the severity of the committed deed. Thus, when making a decision, a judge must act within the strict limits established by law.

Practice

The verdict shall be passed at the end of the court session. In its meaning, it is divided into several parts, and each has its own characteristics. The first of these, The opening, as a rule, contains information on the date and place of the adoption of the sentence, on the name and composition of the court. In addition, it specifies the data on the defendant, as well as on the articles for 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 justifies his conclusions. And, finally, the resolutive part contains directly the decision that was taken as a result. The proclaimed sentence is recognized as having come into force after the expiration of the term given for its appeal. After this, the information specified in this decision is formally true.

Appeal

If a person directly affected by a decision rendered in a sentence does not agree with the verdict, he has the right to request a review. There are three types of appeal. The first of them is the appellate one. For him, a fairly short period of time - only 10 days. In this order it is possible to change decisions that have not yet entered into legal force. Cassation appeal against the verdict of the court is filed within a year after the announcement of the verdict. In addition, it is possible to achieve cancellation of the decision in the supervisory order (the third type). Appeal is an important guarantee of protection of the rights of the defendant, as it allows you to correct some mistakes made in the production process. After all, at stake are human destinies and lives, and this is quite expensive for judicial errors.