The main trial in cases considered with the participation of jurors.

When conducting the main trial in cases considered with the participation of jurors, the court must be guided by the general rules provided for in the CPC and the specifics specified in Chapter 57 of the CPC. The ceremony of the court's entry into the courtroom, provided for in the second part of Article 326 of the CPC, must also be observed in cases of this category: before the judge enters the courtroom, the bailiff, and in his absence, the secretary of the court session announces: "The trial is underway," all those present at the court session stand up, after which, at the suggestion of The presiding officers take their seats. The main trial should take place in conditions that ensure the normal operation of the court. All participants in the trial address the court, give evidence and make statements standing up. Deviation from these rules is allowed with the permission of the chairman. All participants in the main trial, as well as all citizens present in the courtroom, must obey the orders of the presiding judge to observe the order of the court session.  Persons under the age of sixteen, unless they are a party or witness, are not allowed into the courtroom. If necessary, the bailiff has the right to demand from the citizen a document confirming his age. Intoxicated persons are also not allowed in the hall. Photographing, audio-video recording and filming in the courtroom is allowed only with the permission of the presiding judge. The court is charged with ensuring the safety of the participants in the process. Therefore, before the start of the main trial, the presiding judge explains to all participants in the trial about the right to apply to the court to ensure security measures. Upon their requests for security measures or on their own initiative, the court issues a ruling on the matter, takes the necessary measures and conducts court proceedings in accordance with the provisions provided for in article 101 of the CPC.

In accordance with Chapter 41 of the CPC, in cases tried with the participation of jurors, the preparatory part of the trial is carried out in the following order: a) at the time appointed for the main trial, the presiding judge opens the court session and announces which criminal case will be considered, as well as the trial in open or closed court session. When audio-video recording or filming is used in a court session, the presiding judge immediately announces this (art. 331 CPC b) after that, at the suggestion of the presiding judge, the secretary of the court session reports to the court on the appearance of persons who are supposed to participate in the court session and informs about the reasons for the absence of those absent (art. 332 CPC). If persons who do not speak the language in which the proceedings are conducted participate in the case, and as a result an interpreter is invited, the presiding judge informs who is participating as an interpreter and explains to him his rights and duties provided for in article 85 of the CPC. The translator is also warned by the presiding judge about criminal liability for deliberately incorrect translation, about which his subscription is withdrawn, which is attached to the minutes of the court session. The translator is also warned that in case of evasion from fulfilling his duties, an administrative penalty may be imposed on him (Article 33 of the CPC). c) after that, the presiding judge explains to the parties, witnesses, expert, and specialist who have appeared their right to challenge the interpreter and explains the grounds provided for by law for challenging the interpreter.

The main trial in cases considered with the participation of jurors.

The court resolves the stated challenge according to the rules established by Article 89 of the CPC. If the translator's challenge is satisfied, the court invites another translator and repeats the actions provided for in articles 333-334 of the CPC. If the witnesses are called on the same day as the candidates for the jury, the presiding judge explains to the witnesses who appeared that they cannot attend the court session before their interrogation, removes them from the courtroom and takes measures to ensure that witnesses who have not been interrogated by the court do not communicate with the interrogated witnesses, as well as with other persons present in the courtroom. d) after that, the moment comes when the presiding judge must establish the identity of the defendant and verify the timeliness of his receipt of a copy of the indictment. In accordance with article 336 of the CPC, the presiding judge conducts an interview with the defendant(s). finds out: - his last name, first name, patronymic; - year, month, day and place of birth; - knowledge of the language in which the proceedings are conducted; - place of residence; - occupation,; , - marital status; - and other information about his identity. Paragraph 11 of the regulatory resolution states: "By virtue of part six of Article 562 of the CPC, data on the identity of the defendant are examined with the participation of jurors only to the extent that they are necessary to establish certain elements of the crime of which he is accused." When clarifying information about the identity of the defendant, the presiding judge, in the presence of the jurors, has no right to clarify the circumstances concerning his criminal record, the presence of chronic alcoholism or drug addiction, or other circumstances that may cause prejudice to the jurors, and not allow the parties involved in the case to do so. The presiding judge checks what the defendant has said with the data available in the case file and the documents certifying the defendant's identity, and clarifies them if there are discrepancies.

Since the trial cannot be initiated earlier than three days from the date of delivery of a copy of the indictment to the defendant (unless requested by the defendant himself), the presiding judge determines whether and when a copy of the indictment has been delivered to the defendant, and if the charge has been changed at the preliminary hearing stage, a copy of the decision to change the charge. If three days have not passed since the defendant received the specified documents by the beginning of the trial, the consideration of the case is postponed to the appropriate day. Before the expiration of three days from the date of receipt of the indictment, the case may be initiated solely at the request of the defendant himself. However, in order to ensure the right of the accused to a defense, even if there is a petition, it seems more correct to observe the above-mentioned period, bearing in mind that he is accused of committing a particularly serious crime and must have time to prepare for trial for at least three days provided by law. e) after completing the above procedures, the presiding judge, in accordance with articles 337-338 of the CPC, announces the composition of the court, informs who is the prosecutor, defender, victim, civil plaintiff, civil defendant or their representatives, as well as the secretary of the court session, bailiff, expert, specialist.

The presiding judge explains to the parties their right to challenge the composition of the court, as well as the persons specified in Article 337 of the CPC, on the grounds provided for in articles 90, 91, 94, 95, 96, 97 The Criminal Procedure Code. These rules also apply to the reserve referee. If challenges are filed, they are resolved according to the rules established by articles 89, 90 of the CPC. Each participant in the process has the appropriate rights provided for by law. The chairman is obliged to explain to them their rights by stating the contents of the relevant articles of the CPC. g) in the preparatory part of the main trial, the parties have the right to file petitions. In accordance with Article 343 of the CPC, the presiding judge interrogates the parties whether they have petitions to summon new witnesses, experts and specialists and to demand physical evidence and documents. The person who filed the petition is obliged to indicate which circumstances require additional evidence. The court, after hearing the opinion of the other participants in the trial, must consider each filed petition, including the mediation procedure, grant it or issue a reasoned decision to dismiss the petition. The court has no right to refuse to satisfy requests for questioning at a court hearing of persons as specialists or witnesses who appeared in court on the initiative of the parties. Since questions about the inadmissibility of evidence cannot be discussed in the presence of jurors, the presiding judge must, before the start of the judicial investigation, find out in advance from the parties whether they have petitions to exclude materials that are inadmissible as evidence from the proceedings. Although the law does not specify, it seems that the presiding judge should clarify this issue with the parties in the absence of jurors, and they also have the right to file such petitions only in their absence. The decision on such petitions must also be made in the absence of jurors.

 

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