LawRegulatory Compliance

What is the record of the court session?

Regardless of what kind of an offense has occurred, a case is initiated. The case is called a special folder for papers, in which there are documents with records about the circumstances of the occurred deed. Typically, this is an examination of the place where the crime occurred, the testimony of the victims, the interview of suspects, the characteristics of the participants' work places , certificates and other papers relating to the proceedings for any violation. But there is not enough paper work not only during the investigation. Actually, during the trial, the relevant documents are also drawn up. First of all, this is the record of the court session.

What is he like? The form in which the record of the court session is drawn up is usually strictly defined. All the words that sounded during the trial in the courtroom must be recorded in it. In the absence of modern technology, such as a computer, in the halls were sitting special people - scribes. They wrote everything off by hand. Currently, the secretaries of the court session are engaged in this , who type the text on the computer.

The secretary of the meeting is a person with the appropriate legal education. During a hearing in the courtroom, he can use any method of recording information, for example, video or audio recording. This fact should be separately noted in the protocol. Any participant in the process can file a petition for the challenge of the secretary of the court session, indicating the reason (a relative of any party, incompetence, etc.).

The drafting of a protocol is a responsible matter, which is carried out within three days after the hearing is over. The secretary is obliged to enter all information on the composition of the court (chairman, representatives of the parties, secretary, in which court there was a hearing). It is obligatory to include in the record of the court session the data of the participants in the case (appearance of persons, personal information, explanation of their rights and obligations to persons). If, during the consideration of the case, the parties refer to material evidence, this is added to the record. It also indicates the case number, day and time of the hearing.

Particular attention should be paid to the motions and explanations of the participants on the merits of the offense, the parties' conclusions and the announcement of the verdict.
The protocol is signed by all those involved in the proceedings. Copies are issued to the parties to the prosecution and the defense. The original is attached to the considered case and is delivered to the archive.

If within a period of up to five days, one of the actors (participants in the case) finds errors or shortcomings, then he can submit his observations on the protocol. They are submitted in writing, indicating specific items. These observations should be considered by the judge (also within five days).

If the defect was discovered after the court decision came into effect, the protocol is not subject to correction. In this case, it will be necessary to appeal the decision of this court in the courts of the second or third instance, which will take a long time. Inattentive examination of such papers, as the record of the court session, can lead to unpleasant consequences. For example, real deprivation of liberty instead of a suspended sentence.

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