Verdict is a special decision that isresult of litigation. The term itself has Latin roots. In translation, the verdict is "rightly said." This decision indicates the guilt or innocence of the defendant. As indicated in point 5, art. 5 of the Criminal Code of the Russian Federation, it is taken by the jury.
When discussing the issues raised beforethey must strive to achieve a common opinion. If, however, during the time allocated to them, they did not reach a compromise, then the decision is made by voting. Under Article 341 of the Code of Criminal Procedure, after the presiding judge of the court pronounces the parting word, the college leaves the courtroom in the advisory room. There they must discuss the circumstances of the case and make a verdict. This meeting is considered closed. The presence on it of persons other than members of the collegium is not allowed.
Progress of the meeting
As the art. 342 of the Code of Criminal Procedure, the head of the meeting is the sergeant major. They put questions for discussion in the sequence, which is indicated in the question sheet. The foreman also votes on the answers and counts the votes, which results in the final verdict of the jury. An obligatory condition for voting is that no one can abstain. The sergeant-major gives his last vote. When night time arrives, as well as at the end of the working period (with the permission of the presiding officer), the board may suspend the meeting. However, they have no right to disclose the reasoning and opinions that took place at their meeting.
The collegium can accept a guilty verdict. This means that the majority of the participants in the meeting voted in favor of an affirmative answer to each of the three questions posed. An acquittal verdict can also be adopted. This, in turn, means that at least six participants gave their votes for negative answers to any of the three questions raised. Opinion on other items is determined by a simple majority. When the votes are divided equally, the answer is considered, which is considered the most favorable for the detainee. When passing a verdict "guilty", the jury can change the charge in a more positive way for the defendant.
Characteristics of answers
The opinion on this or that question should bea yes or a negative no. In this case, an explanatory phrase (word) must necessarily be present. It must disclose or clarify the meaning of the answer. For example: "No, not guilty" or "Yes, guilty". If the answer to any question excludes the need to speak out about another (for example, the question "is it proved that the action took place", the board responds negatively), the foreman, by agreement of the majority, inscribes the words "without an answer". If a decision on any item is taken by voting, then the result obtained in the vote count is indicated after it. He is also inscribed by the sergeant-major.
During the meeting, some points mayIt is not clear enough for the representatives of the collegium. In accordance with Art. 344 of the Code of Criminal Procedure, in this case the college returns to the courtroom, and the foreman makes a request to the presiding judge. In the presence of the parties, the latter gives the necessary explanations. The presiding may also, after listening to opinions, make appropriate corrections to the questions if necessary. A short farewell speech is spoken about the changes, which is recorded in the protocol.
Verdict of the jury
After the meeting, the questionnairecertified by the signature of the foreman. Then the college returns to the courtroom. The sergeant-major proclaims a decision that the audience is listening to while standing. On the question sheet, questions and answers are read out. The proclaimed decision is passed on to bring the case to the presiding court. He, in turn, afterwards thanks the college and announces the completion of their mission. Discussion of the consequences is carried out without the participation of jurors. Nevertheless, they can remain in the courtroom and take the seats reserved for the public.