52. The Charter of Criminal Proceedings of 1864

The statute of criminal proceedings was adopted as part of the judicial reform of 1864.

Charter established liberal principles for the consideration of criminal cases by the courts. According to the Charter, most criminal cases were within the competence of district courts with the participation of jurors.

The circuit courts, with jury participation, included: firstly, 3 crown judges (they decided questions of law); secondly, 12 jurors (decided questions of fact).

Features of the consideration of criminal cases in the district court with the participation of a jury:

1) admissibility of challenge of judges;

2) equality of rights of judges and jurors;

3) the sentencing and determination of the measure of punishment belonged to the exclusive jurisdiction of the courts, the prosecutor did not have the right to touch upon the question of the measure of punishment before the verdict of the jury.

Stages of the criminal process:

1) inquiry (carried out in cases within the competence of the police);

2) preliminary investigation (for the least serious crimes, it was carried out by police gendarmes, for more serious crimes, by investigators under the supervision of prosecutors or members of the judicial chambers; defense lawyers had no right to participate in the preliminary investigation);

3) preparations for trial (the materials of the criminal case were prepared by investigators whose competence included the preliminary investigation, then these materials were to be presented to the accused and handed over to the prosecutor, who, in turn, drew up an indictment and sent it to the court chamber, and only then the chamber issued a ruling on bringing the case to court );

4) judicial investigation (carried out at the time of the consideration of the case by the court and the examination of evidence in the court session, which should have been attended by 3 members of the court, the secretary of the court and 12 jurors; the order of the trial: began with the announcement of the indictment, then - the interrogation of the accused, witnesses and verification of other evidence; ended with a final debate - speeches by the prosecutor or a private prosecutor and defense counsel, or explanations by the defendant);

5) sentencing (based on a preliminary jury verdict on the guilt or innocence of the defendant, which was adopted by a majority of votes; the verdict concerned the punishment, it was determined by the crown court in the deliberation room according to the demands of the prosecutor and the objections of the defense counsel);

6) execution of a sentence (judgments of the district courts by jury were final and subject to immediate execution by the police, unless the Crown Court found that the jury had convicted an innocent person, in which case the case was referred to a new jury);

7) revision of the sentence (appeal against the verdicts of the district courts or their protest by the prosecutor was allowed only in the cassation procedure in the Senate).

The Senate and the Supreme Criminal Court were the highest judicial bodies. Their sentences were canceled only in the order of pardon by the emperor.

The reasons for initiating a criminal case (according to the Charter) were:

1) complaints from individuals;

2) reports from the police, institutions and officials;

3) surrender;

4) discretion of the investigator or prosecutor.

The jurisdiction of district courts was determined by the place where the crime was committed.

Authors: Dudkina L.V., Shcherbakova O.V.

<< Back: Establishment of Judicial Institutions 1864

>> Forward: The procedure for the formation of the State Duma (1905-1907)

We recommend interesting articles Section Lecture notes, cheat sheets:

▪ History of economic thought. Lecture course

▪ Organic chemistry. Crib

▪ History of world religions. Crib

See other articles Section Lecture notes, cheat sheets.

Read and write useful comments on this article.

<< Back

Latest news of science and technology, new electronics:

The existence of an entropy rule for quantum entanglement has been proven 09.05.2024

Quantum mechanics continues to amaze us with its mysterious phenomena and unexpected discoveries. Recently, Bartosz Regula from the RIKEN Center for Quantum Computing and Ludovico Lamy from the University of Amsterdam presented a new discovery that concerns quantum entanglement and its relation to entropy. Quantum entanglement plays an important role in modern quantum information science and technology. However, the complexity of its structure makes understanding and managing it challenging. Regulus and Lamy's discovery shows that quantum entanglement follows an entropy rule similar to that for classical systems. This discovery opens new perspectives in the field of quantum information science and technology, deepening our understanding of quantum entanglement and its connection to thermodynamics. The results of the study indicate the possibility of reversibility of entanglement transformations, which could greatly simplify their use in various quantum technologies. Opening a new rule ... >>

Mini air conditioner Sony Reon Pocket 5 09.05.2024

Summer is a time for relaxation and travel, but often the heat can turn this time into an unbearable torment. Meet a new product from Sony - the Reon Pocket 5 mini-air conditioner, which promises to make summer more comfortable for its users. Sony has introduced a unique device - the Reon Pocket 5 mini-conditioner, which provides body cooling on hot days. With it, users can enjoy coolness anytime, anywhere by simply wearing it around their neck. This mini air conditioner is equipped with automatic adjustment of operating modes, as well as temperature and humidity sensors. Thanks to innovative technologies, Reon Pocket 5 adjusts its operation depending on the user's activity and environmental conditions. Users can easily adjust the temperature using a dedicated mobile app connected via Bluetooth. Additionally, specially designed T-shirts and shorts are available for convenience, to which a mini air conditioner can be attached. The device can oh ... >>

Energy from space for Starship 08.05.2024

Producing solar energy in space is becoming more feasible with the advent of new technologies and the development of space programs. The head of the startup Virtus Solis shared his vision of using SpaceX's Starship to create orbital power plants capable of powering the Earth. Startup Virtus Solis has unveiled an ambitious project to create orbital power plants using SpaceX's Starship. This idea could significantly change the field of solar energy production, making it more accessible and cheaper. The core of the startup's plan is to reduce the cost of launching satellites into space using Starship. This technological breakthrough is expected to make solar energy production in space more competitive with traditional energy sources. Virtual Solis plans to build large photovoltaic panels in orbit, using Starship to deliver the necessary equipment. However, one of the key challenges ... >>

Random news from the Archive The leader's charisma harms the company 25.12.2015 Scientists from the University of Cambridge found that in companies with charismatic leaders, employees tend to suppress and hide their emotions, which leads to increased tension, disruption of communication between colleagues, decreased job satisfaction, and ultimately reduces overall performance. The study found that leaders who show respect for the personality of each subordinate encourage them to express their emotions. And in this case, suppressed emotions do not accumulate, and there is no "explosion" leading to conflicts, disruption of coordination in the team, and so on. The conclusions are drawn on the basis of surveys of several hundred employees of commercial companies and universities in Germany and Switzerland, the respondents described their reactions to various models and scenarios of the leader's behavior. Scientists explain that our psyche spends a lot of resources on suppressing unwanted emotions when we try to look outwardly calm in a situation of an emotional storm inside. In such conditions, there are very few resources left for other tasks - remembering information, processing messages, generating new ideas, and so on. In companies with strong charismatic leaders, employees just tend to suppress and ignore their own emotions, the study found. Thus, psychologists explain, the strong charisma of the leader can harm the effectiveness of the company. This aspect was not considered in earlier studies. Nevertheless, the authors of the work emphasize that it is possible to compensate for the negative effects by showing respect and support for each employee from the leader, when he has the opportunity to safely express his discontent and other negative emotions. Psychologists believe that these two leadership styles are not mutually exclusive.

Other interesting news:

▪ Conducted the coldest chemical reaction

▪ The mobile phone controls the computer

▪ Waterblock Phanteks Glacier Radeon VII

▪ Largest active matrix panel

▪ Portable speaker Sony Extra Bass SRS-XB33

News feed of science and technology, new electronics

Interesting materials of the Free Technical Library:

▪ section of the site Electricity for beginners. Article selection

▪ article by Auguste Renoir. Famous aphorisms

▪ article How did arithmetic appear? Detailed answer

▪ article Sociologist. Job description

▪ article Velofar shines brighter and more evenly. Encyclopedia of radio electronics and electrical engineering

▪ article Electric machine rooms. Scope, definitions. Encyclopedia of radio electronics and electrical engineering

Leave your comment on this article:

All languages ​​of this page

Arabic	Hebrew	Polish
Bengali	Hindi	Portuguese
Chinese	Italian	Spanish
English	Japanese	Turkish
French	Korean	Ukrainian
German	Malay	Vietnamese

Home page | Library | Articles | Website map | Site Reviews

www.diagram.com.ua
2000-2024