Situation Model of the Next Stage of Court Proceedings

Abstract

The article presents the situational characteristics of the next stage of court proceedings as an element of the basic court methodics, which in its content should disclose the activities of the court at all stages of the court proceedings, give recommendations on its choice, conduct proceedings, use the most appropriate means of influencing specific court situations, presented by complexes of procedural actions and tactics of their carrying out at various stages of court proceedings.The analyzed stage includes the preparatory part of the trial, clarification of the circumstances established during the pre-trial investigation, and verification of their evidence. Situations at this stage are characterized by the fact that the court with the participation of the parties conducts a direct examination of all evidence necessary to substantiate the sentence or other decision that may be made as a result of the trial.The example of the situational characteristics of the central part of the proceedings demonstrates what a basic judicial methodics can look like, which contains recommendations on the decisions and actions of the presiding judge in a given situation of a certain stage of the general procedure of criminal proceedings. The structure of this model, which will continue to be filled with new elements, can theoretically be used as a sample for building criminalistic methods of certain types of court proceedings, and applied as a set of practical advice for judges to resolve specific court situations. It is stated that the key issue that radically affects the choice of tactics of the trial is to determine the order of submission by the parties of the evidence collected by them, which includes the order and method of their study. Variants of the sequence of judicial examination of evidence are presented, in particular in multiepisode cases, in cases of crimes committed by criminal groups, in situations where the accused deny their guilt. The issue of the possibility of using in court the testimony of the accused, victims and witnesses obtained during the pre-trial investigation was considered.