ВУЗ:
Составители:
Рубрика:
23
There are courts of first instance (original jurisdiction) and sec-
ond instance (appellate jurisdiction). A court in which a case is first
heard is called the court of first instance. A court of original jurisdiction
is one which first examines a case in substance and brings in a sentence
or decision. Any court, from the district court to the Supreme Court of
the state may sit as a court of first instance. In almost all cases it is pos-
sible to appeal to higher court for reconsideration of the decision of the
original court. A court of second instance is one which examines ap-
peals and protests against sentences and decisions of courts of first in-
stance.
The Constitutional Court ensures that the laws and other norma-
tive acts passed or being considered by the supreme and local legislative
branches are constitutional.
The Supreme Court is the highest judicial body for civil, crimi-
nal, administrative and other cases under the jurisdiction of ommon
courts. It exercises judicial supervision over the activities in the proce-
dural forms envisaged by federal law and provides interpretation on the
issues of court practice. It tries the most important criminal and civil
cases and likewise hears appeals against the judgements and sentences
of other courts.
The basic judicial body is the district court. District courts try
both criminal and civil cases. It is also the duty of the district courts to
protect the electorial rights of citizens. The higher courts of constituent
entities of the Russian Federation hear and determine cases of major
importance. They are courts of appellate jurisdiction.
The Supreme Arbitration Court is the highest judicial body for
settling economic disputes and other cases examined by courts of arbi-
tration; it exercises judicial supervision over their activities in the pro-
cedural forms envisaged by federal law and provides interpretation on
issues of court proceedings.
In all courts cases are tried in public. The participants in the trial
(the prosecutor, the lawyers, the plaintiff, the judge, the defendant and
the others) speak in the open court. The accused is guaranteed the right
to defend. The press has the right to be present.
During the hearing of a case any citizen may enter the courtroom
and be present during the trial from the beginning to the end. The hear-
ing of cases in closed session is allowed only in exceptional cases. Closed
24
sessions are only allowed if it is in the interests of both sides or for the
necessity to keep state secrets. Trial without participation of both sides
is not allowed. The judges are independent and they must obey the law.
Criminal trials
Criminal trials in the United Kingdom take the form of a contest
between the prosecution and the defence. Since the law presumes the
innocence of an accused person until guilt has been proved, the prosecu-
tion is not granted any advantage, apparent or real, over the defence. A
defendant (in Scotland called an accused) has the right to employ a legal
adviser and may be granted legal aid from public funds. If remanded in
custody, the person may be visited by a legal adviser to ensure a prop-
erly prepared defence. In England, Wales and Northern Ireland during
the preparation of the case, the prosecution usually tells the defence of
relevant documents which are not proposed to put in evidence and dis-
closes them if asked to do so. The prosecution should also inform the
defence of witnesses whose evidence may help the accused and whom
the prosecution does not propose to call, the defence or prosecution may
suggest that the defendant's mental state renders him or her unfit to be
tried. If the jury (or in Scotland, the judge) decides that this is so, the
defendant is admitted to a specified hospital.
Criminal trials are normally in open court and rules of evidence
concerned with the proof of facts are rigorously applied. If evidence is
improperly admitted, a conviction can be quashed on appeal. During the
trials the defendant has the right to hear or cross-examine witnesses for
the prosecution, normally through a lawyer; to call his or her own wit-
nesses who, if they do not attend voluntarily, may be legally compelled
to attend; and to address the court in person or through a lawyer, the
defence having the right to the last speech at the trial. The defendant
cannot be questioned without consenting to be sworn as a witness in his
or her own defence. When he or she does testify, cross-examination
about character or other conduct may be made only in exceptional cir-
cumstances; generally the prosecution may not introduce such evidence.
In jury trials the judge decides questions of law, sums up the evi-
dence for the jury and instructs it on the relevant law, and discharges the
accused or passes sentence. Only the jury decides whether the defendant
is guilty or not guilty. In England and Wales, if the jury cannot reach a
There are courts of first instance (original jurisdiction) and sec- sessions are only allowed if it is in the interests of both sides or for the
ond instance (appellate jurisdiction). A court in which a case is first necessity to keep state secrets. Trial without participation of both sides
heard is called the court of first instance. A court of original jurisdiction is not allowed. The judges are independent and they must obey the law.
is one which first examines a case in substance and brings in a sentence
or decision. Any court, from the district court to the Supreme Court of Criminal trials
the state may sit as a court of first instance. In almost all cases it is pos-
Criminal trials in the United Kingdom take the form of a contest
sible to appeal to higher court for reconsideration of the decision of the
between the prosecution and the defence. Since the law presumes the
original court. A court of second instance is one which examines ap-
innocence of an accused person until guilt has been proved, the prosecu-
peals and protests against sentences and decisions of courts of first in-
tion is not granted any advantage, apparent or real, over the defence. A
stance.
defendant (in Scotland called an accused) has the right to employ a legal
The Constitutional Court ensures that the laws and other norma-
adviser and may be granted legal aid from public funds. If remanded in
tive acts passed or being considered by the supreme and local legislative
custody, the person may be visited by a legal adviser to ensure a prop-
branches are constitutional.
erly prepared defence. In England, Wales and Northern Ireland during
The Supreme Court is the highest judicial body for civil, crimi-
the preparation of the case, the prosecution usually tells the defence of
nal, administrative and other cases under the jurisdiction of ommon
relevant documents which are not proposed to put in evidence and dis-
courts. It exercises judicial supervision over the activities in the proce-
closes them if asked to do so. The prosecution should also inform the
dural forms envisaged by federal law and provides interpretation on the
defence of witnesses whose evidence may help the accused and whom
issues of court practice. It tries the most important criminal and civil
the prosecution does not propose to call, the defence or prosecution may
cases and likewise hears appeals against the judgements and sentences
suggest that the defendant's mental state renders him or her unfit to be
of other courts.
tried. If the jury (or in Scotland, the judge) decides that this is so, the
The basic judicial body is the district court. District courts try
defendant is admitted to a specified hospital.
both criminal and civil cases. It is also the duty of the district courts to
Criminal trials are normally in open court and rules of evidence
protect the electorial rights of citizens. The higher courts of constituent
concerned with the proof of facts are rigorously applied. If evidence is
entities of the Russian Federation hear and determine cases of major
improperly admitted, a conviction can be quashed on appeal. During the
importance. They are courts of appellate jurisdiction.
trials the defendant has the right to hear or cross-examine witnesses for
The Supreme Arbitration Court is the highest judicial body for
the prosecution, normally through a lawyer; to call his or her own wit-
settling economic disputes and other cases examined by courts of arbi-
nesses who, if they do not attend voluntarily, may be legally compelled
tration; it exercises judicial supervision over their activities in the pro-
to attend; and to address the court in person or through a lawyer, the
cedural forms envisaged by federal law and provides interpretation on
defence having the right to the last speech at the trial. The defendant
issues of court proceedings.
cannot be questioned without consenting to be sworn as a witness in his
In all courts cases are tried in public. The participants in the trial
or her own defence. When he or she does testify, cross-examination
(the prosecutor, the lawyers, the plaintiff, the judge, the defendant and
about character or other conduct may be made only in exceptional cir-
the others) speak in the open court. The accused is guaranteed the right
cumstances; generally the prosecution may not introduce such evidence.
to defend. The press has the right to be present.
In jury trials the judge decides questions of law, sums up the evi-
During the hearing of a case any citizen may enter the courtroom
dence for the jury and instructs it on the relevant law, and discharges the
and be present during the trial from the beginning to the end. The hear-
accused or passes sentence. Only the jury decides whether the defendant
ing of cases in closed session is allowed only in exceptional cases. Closed
is guilty or not guilty. In England and Wales, if the jury cannot reach a
23 24
Страницы
- « первая
- ‹ предыдущая
- …
- 10
- 11
- 12
- 13
- 14
- …
- следующая ›
- последняя »
