ATTORNEY-AT-LAW
Sergei N.
Vinokurov
 
 
                                                                                   
Everyone is guaranteed the right to receive
qualified legal assistance.
 
Article 48 Of The Constitution Of The Russian Federation 
 
 
 
 
+7 (495) 760-05-96
+7 (985) 760-05-96
 
 
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     SPECIAL PROCEDURE FOR CRIMINAL PROCEEDINGS

 

 The attorney provides legal assistance on various issues and disputes in the areas of contract law, bargains and bankruptcy, and conflict of laws. The attorney gives legal advice related to the preparation of various contracts, bargains and disputes in courts of general jurisdiction courts  and arbitration courts.

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     +7 (495) 760-05-96 (Moscow)
 
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Law practice

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Each criminal case individually. Accordingly, the trial for one crime may last a year and others just one short meeting. Most often this happens when the proceedings in the special, shortened procedure, which can pass if the sanction of article of the criminal code provides punishment till 10 years of imprisonment. For this, you need the defendant to confess to the crime and to declare the corresponding petition.

Special order Ц ideal for the state, which is not need to prove anything. The court automatically renders a guilty verdict, which may not exceed two thirds of the maximum punishment established by article of the Criminal code of the Russian Federation.

So, for example, if the law provides for a maximum of 9 years, more than 6 will not. It would seem that ideal for a person who has committed a crime and confessed in it.

However, all is not so simple. First, at stake is the freedom of the defendant, and a special procedure is not a break or some benefit in sentencing.

Secondly, the sentence cannot be appealed according to the actual circumstances of the committed crime. Even, if in the opinion of the person against whom it was made, something was not considered, or were committed blunders by the prosecution Ц nothing can be changed.

In addition, note that even if the defendant is guilty, in practice, courts considering cases in a General manner, rarely prescribe the maximum penalty for the offence.

In fact, a special procedure for the best operatives, investigators and prosecutors who do not need to bother proving your guilt and receive the penalty for violations of the criminal process and other blunders that often happen during the investigation.

So if you do decide on such a serious step, as is the case in a special manner, it is imperative to consult with a competent and qualified lawyer.

Professional counsel, will examine all the circumstances of the criminal case; check whether the preliminary investigation indicated the form of guilt, set goals and the motives of the crime, the amount of the damage or the severity of injuries. It is the lawyer competently explain to the accused about the possible consequences of the trial in a special manner, properly evaluate all the evidence of the prosecution and may warn against such a rash step.

Modern criminal history knows thousands of examples when the defendant, agreeing to the special order of the proceedings, then the long years behind bars, he regretted his actions.

Therefore, in no case do not submit a petition for special consideration of the case independently and without full confidence in the correctness of your actions, because in this way you deliberately sign themselves guilty verdict.

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Attorney Sergei Vinokurov. All rights reserved.
 
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