The Supreme court of the Russian Federation at the plenary adopted the draft resolution, which, in particular, forbade the judges to literally copy the fragments of the indictment in the text of the sentence. Furthermore, judges are now also not allowed to transfer to the verdict of evidence and protocols of the investigative actions. Instead, they are obliged “to reveal their basic content”.
“It is unacceptable to transfer it in a sentence testimony questioned in the criminal case of the persons and of the content of other evidence from the indictment or the indictment without taking into account the results of conducted judicial proceedings”, – stated in the published text of the resolution.
Rapporteur on the draft resolution “About the judicial sentence” was made by the Chairman of the armed forces Vladimir Davydov. He drew attention that the proposal of the Prosecutor General changes have been made, in particular, in paragraph 10 of the draft, concerning the stage of criminal proceedings, said Legal.Report.
“In cases where the audit reports of the crime in order… the defendant appealed from the written and oral statement of confession, and the prosecution refers to the information in this information statement as one of the evidence of his guilt, the court should check, has it been made clear to the defendant the right not to testify against oneself, to legal counsel, to Lodge complaints against the actions (inaction) and the decision of bodies of preliminary investigation in order”, – stated in the decree.
The use of the indictment as a basis for a sentence is a common practice in Russian courts. In June 2016, the Chairman of Moscow city court Olga Yegorova has criticized judges who “the sentence is rewritten from the flash drive word for word without thinking” looks like “Medusa”.