Main tasks and practical skills:
- Pursuant to Article 217 of the CrPC, the Judge shall determine the order of presentation of opinions during the oral argument at the trial. The presiding Judge has the right to request the presenter to stay on the right track in respect of the contents of the case, as provided in Article 217 of the CrPC.
- If the case is instituted on the request by the victim as provided in Article 105 of the CrPC, the victim or their lawful representative shall present their own accusation at the trial according to the order of presentation of views during the oral argument, as provided in Article 217 of the CrPC and Section 7 of Part I of Resolution No. 03/2004.
- The Judge should ensure that the oral argument complies with Article 218 of the CrPC.
- Summaries of all opinions made during the oral argument should be fully recorded for the consideration that the oral argument to be continued when necessary, or for the purpose of deliberating and rendering judgments.
- During the oral argument, if the Judge finds it necessary to further examine the evidence, the Trial Panel may cause the interrogation to be reopened, as provided in Article 219 of the CrPC. Also pursuant to Article 199 of the CrPC, a decision on reopening the interrogation shall be deliberated and passed in the discussion room by the Trial Panel. The decision may not be made in writing but must be noted in the minutes of the trial. After the re-interrogation, the oral argument shall be continued.
- When the persons participating in the oral argument have finished their statements, the presiding Judge shall pronounce the conclusion of the oral argument and allow the accused to say the last words, as provided in Article 220 of the CrPC. If, in the last words, the accused presents any fact that is important to the case, the Trial Panel must decide to reopen the interrogation. After the re-interrogation, the oral argument shall be continued.
- During the oral argument at the trial, if the Procurator withdraws part of the decision on prosecution or comes to the conclusion that the accused has committed a less serious offence, the Trial Panel shall continue the trial in accordance with general procedures; if the Procurator withdraws the entire decision on prosecution, the Trial Panel shall, before deliberation of the judgment takes place, request the persons participating in the proceedings to present their opinions on such withdrawal, as provided in Article 221 of the CrPC.
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