Main tasks and practical skills:
The Judge should understand and follow general provisions on the proceedings at the trial, as provided in Chapter XVIII of the CrPC and Part II of Resolution No. 04/2004. The Judge should note the following issues:
- Composition of the Trial Panel at first instance as provided in Articles 185 and 307 of the CrPC. Where any of the accused is prosecuted with an offence stipulated in the punishment framework of which death penalty is the maximum, the Trial Panel must be composed of two Judges and three Assessors. Noting that death penalty is the maximum in the punishment framework, not the maximum penalty stipulated in an article of the CrPC. For example: if the accused is prosecuted under Item 2 of Article 93 of the Penal Code, the Trial Panel of first instance shall be composed of one Judge and two Assessors.
- Presence of the accused, procurators and persons participating in the proceedings as provided in Articles 187, 189, 190,191, 192 and 193 of the CrPC. The Judge should decide to continue the trial or suspend it, if any is absent.
- Supervision of the accused at the trial as provided in Article 188 of the CrPC and Section 1 of Part II of Resolution No. 04/2004. The presiding Judge should ensure the supervision of the accused during a short break of the Trial Panel or while the Trial Panel enters the discussion room to deliberate decisions and judgments. Specifically, before the Trial Panel is going to take a short break, or enter the discussion room, the Judge shall state as follows:
- To the accused under detention: “During the short break of the Trial Panel (or while the Trial Panel enters the discussion room to deliberate decisions and judgments), the accused under detention will be supervised by the persons who have led the accused to the Court”;
- To the accused not being under detention: “The accused not being under detention must be present upon the return of the Trial Panel to the court room. If the accused is absent without any proper reason and permission of the presiding Judge, the Trial Panel shall continue hearing the case in accordance with general procedures or pronounce the judgment in the absence of the accused”.
- Limitation of hearing as provided in Article 196 and Section 2 of Part II of Resolution No. 04/2004. The Court can try a case:
- Based on a more serious provision or a less serious provion in the same article than the provision upon which prosecution is relied. (Sub-item 12.1 of Section 2 of Part II of Resolution 04/2004);
- Based on a different provision which may be equally serious or less serious than the provision upon which prosecution is relied. The Judge should study thoroughly Sub-section 2.2 of Section 2 of Part II of Resolution No. 04/2004 in order to determine whether the provision applied by the court is equally serious or less serious than the provision upon which prosecution is based. If the case does not fall under any of the circumstances as provided in this Sub-section, the Court shall not hear the case based on another provision that is more serious than the provision upon which prosecution is relied, despite the case is strongly supported by evidence;
- When the accused is prosecuted for a number of offences, based on the least serious provision in all provisions upon which prosecution is relied or based on a different provision which is less serious than all provisions upon which prosecution is relied. (Sub-section 2.3 of Section 2 of Part II of Resolution 04/2004).
- If the Judge finds it possible to hear the case under one of the above circumstances, the Judge should comply with the CrPC in respect of jurisdiction of Courts of different levels, composition of the Trial Panel and ensuring of the defense right of the accused.
- The Judge should strictly follow requirements for the minutes of the trial as provided in Article 200 of the CrPC and Section 3 of Part II of Resolution No. 04/2004.
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