DELIBERATIONS OF THE PARTIES AND LAST WORDS OF THE DEFENDANT IN COURT

Author(s): Zakharova G.A.

Rubric: Relevant aspects of criminal law, criminal proceedings and criminalistics

DOI: 10.21777/2587-9472-2023-1.1-57-61

Release: 2023-1.1 (37)

Pages: 57-61

Keywords: trial, presiding officer, defense counsel, defendant, prosecutor, debate, last word of the defendant

Annotation: The subject of the study – the norms of law, provisions of literature on the pleadings and the last word of the defendant. The purpose of the study is to identify the theoretical and legal features of the parties’ pleadings and the last word of the defendant. General scientific and special methods of scientific knowledge form the methodological basis of the research. Conclusions on the article are: the debate of the parties is formed from the speeches of the prosecutor and the defender; the issue on the order of speech is resolved by the court, but the prosecutor is always the first, and the defendant, his defender, is the last; at the stage of the debate of the parties, inadmissible evidence and those not presented in court proceedings cannot be mentioned. In this regard, Part 5 of Article 292 of the Code of Criminal Procedure of the Russian Federation should specify that the presiding judge has the right to stop persons participating in the debate, including in cases when they cite evidence not considered at the court session. The defendant (his/her defender) has the right of the last remark. Following the debate of the parties, the defendant may exercise the right to the last word. At this stage, he/she cannot be asked questions, nor is the duration limited.

Bibliography: Zakharova G.A. DELIBERATIONS OF THE PARTIES AND LAST WORDS OF THE DEFENDANT IN COURT // Journal of Legal Sciences. – 2023. – № 1.1 (37). – С. 57-61. doi: 10.21777/2587-9472-2023-1.1-57-61