SPECIAL PROCEDURE FOR CRIMINAL PROCEEDINGS
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
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.