Judicial Examination

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 ?
"Without a judicial examination of historic cases including the failure of the Department of Health, trust boards, unions, regulators, Royal Colleges, and others to support whistleblowers the truth will never be known.
"It is disgraceful that there has never been a public, judicial examination of all the facts which is truly independent of the government, the police and the security service," Clifford Tibber, a lawyer whose firm represents families of six of the victims, said.
Opposing the basic structure doctrine as a basis for the judicial examination of the vires of a constitutional amendment, Salman Raja said it might not be accepted and the apex Courts verdict on Pakistan Lawyers Forum kindly be re-affirmed.
n Judicial examination, being banned from certain places
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.
'A judicial examination of the evidence at hand would show that there is no sufficient basis to prove the existence of any of the circumstances stated therein (murder case),' said Casino, whose resolution was approved by Cebu City Prosecutor Liceria Lofranco-Rabillas.

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