Judicial Examination


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Judicial Examination

 

(Russian, sudebnoe razbiratel’stvo), a major stage in criminal or civil procedure.

In the USSR, judicial examination is carried out according to the procedures established by the Basic Principles of Criminal Procedure of 1958, the codes of criminal procedure of the Union republics, the Basic Principles of Civil Procedure of 1961, and the codes of civil procedure of the Union republics. It is conducted in court, with one judge and two people’s assessors. The circumstances of the case are examined directly by the court, with participation by interested parties, community representatives, and, in some cases, a procurator. Any citizen 16 years of age or older may be present in the room where the case is being heard; in exceptional cases provided for by legislation—for example, in order to protect state secrets—the case may be considered behind closed doors.

In judicial examination of criminal cases, the court decides the question of the accused’s guilt or innocence and the question of the application or nonapplication of punishment. Judicial examination of such cases occurs in several stages. In the preparation of the case, the court ascertains whether there are any obstacles to the consideration of the case in a court session, obstacles such as the failure of the parties to appear or the absence of witnesses. Judicial investigation, the pleadings, the last plea of the prisoner at the bar, and the resolution and pronouncement of judgment then follow.

Judicial examination of civil cases begins with the preparatory stage. After this, the essence of the case is heard: the plaintiff’s claims are made, the defendant’s objections are given, other participants in the case may make statements, the evidence is reviewed, the facts of the case are established, and the parties’ real mutual relations are ascertained. Then follow the pleadings and the resolution and pronouncement of the decision.

References in periodicals archive ?
He then stole judicial examination papers from the Lithuanian's cell.
THE NATION would benefit from a serious, scholarly and hard-hitting judicial examination of the National Security Agency's program of warrantless surveillance.
The two-year-old's mother Lisa, 25, and father Derek, 21, of Tranent, East Lothian, are in custody charged with his murder and appeared in private for a judicial examination at Edinburgh Sheriff Court yesterday.
At the Tuesday press conference, Herranz defended the church's right to subject failed marriages to a judicial examination before granting an annulment.
Judicial Examination of the Accused--A Remedy for the Third Degree.
The council also decided to gradually increase the number of people passing the judicial examination to 1,500 from the current 1,000 until the law schools open, then shift toward a new judicial exam targeting those who have completed law schools.
The Bavarian Ministry of Justice comprises six departments and a regional judicial examination office.
In my opinion, the best way to select judges would be to ask UPSC to hold a highly competitive judicial examination, where anyone with a law degree and aspiring to be a judge of a higher court could appear.
At the High Court in Glasgow yesterday, a jury was read a transcript of Webster's judicial examination before a sheriff in February 2009.
Since a full judicial examination of the issue may take considerable time, Cell Network is to give the minority shareholders in Cell Network Frolunda the chance to obtain immediate cash payment for their shares.
Nat Fraser, 42, underwent a full judicial examination behind closed doors before Sheriff Graeme Warner.

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