法院下一阶段诉讼程序的情境模型

Yu. Myroshnychenko
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引用次数: 0

摘要

这篇文章提出了法院诉讼下一阶段的情境特征,作为法院基本方法的一个要素,其内容应揭示法院在法院诉讼所有阶段的活动,就其选择、进行诉讼提出建议,并使用最适当的手段影响具体的法院情况,这些情况由法院诉讼各个阶段的程序行动及其实施策略的综合体所呈现。分析阶段包括审判的准备阶段、对审前侦查所确定的情节的澄清阶段和对证据的核实阶段。这一阶段的情况的特点是,法院在当事各方的参与下,直接审查所有必要的证据,以证实可能因审判而作出的判决或其他决定。诉讼程序中心部分的情境特征的例子表明了基本的司法方法可以是什么样子,其中包括关于主审法官在刑事诉讼一般程序的某一阶段的特定情况下的决定和行动的建议。这一模式的结构将继续充满新的因素,理论上可以作为建立某些类型法庭诉讼的犯罪主义方法的样本,并作为法官解决具体法庭情况的一套实用咨询意见加以应用。论述了从根本上影响审判策略选择的关键问题是确定当事人提交证据的顺序,包括当事人研究证据的顺序和方法。提出了各种司法审查证据的顺序,特别是在多情节案件中,在犯罪集团犯罪的案件中,在被告否认其罪行的情况下。审议了是否可能在法庭上使用在审判前调查期间获得的被告、受害者和证人的证词的问题。
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Situation Model of the Next Stage of Court Proceedings
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.
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来源期刊
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发文量
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审稿时长
24 weeks
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