Introduction - Procedure for court proceedings
In conjunction with the prosecution’s indictment of the defendant, the court proceeds with the trial as follows
- 01. Trial preparations
- 02. Submittal of opinions
- 03. Perusal and making copies of evidences
- 04. The defendant’s right to refuse to make a statement
- 05. Ascertaining the defendant’s identity
- 06. The prosecution’s opening statement
- 07. The defendant’s opening statement
- 08. The chief judge’s arrangement of the points in question
- 09. Investigation of evidence
- 10. Examination of the defendant
- 11. Statement of the prosecutor’s opinion on the punishment and the defendant’s pleadings
- 12. End of pleadings and the court’s announcement of the judgment
End of pleadings and the court’s announcement of the judgment
After the end of the pleadings, the court announces its judgment on the prescheduled date. The chief judge reads the tex of the judgment and summarizes the reasons for the judgment.
If the court finds the defendant guilty, its judgment will be one of the following: jail sentence, suspended sentence, or probation.
A jail sentence consists in having the defendant serve a term of imprisonment with or without hard labor. Sometimes, the judge imposes a jail term on the defendant and orders the latter to be taken to jail there and then.
Under this system, the court postpones the execution of its sentence and allows the sentence to lose its effectiveness if the defendant behaves well and does not commit a crime for a given period of time. If the court imposes a three-year prison term with hard labor on a defendant, but there is a reason to take his/her circumstances into consideration, for example, then the court may suspend execution of the sentence by setting a stay of execution for five years.
This is a procedure whereby the court suspends the announcement of its sentence on a defendant and effaces his/her record of punishment if he/she behaves well and displays a willingness to live as an honest citizen for a given period of time. The court may pass such a judgment concerning a crime punishable by imprisonment for one year or less with or without hard labor, suspension of qualification or fine, with the defendant’s circumstances taken into consideration.
The court passes a “not-guilty” judgment if it does not accept the evidences submitted by the prosecutor or finds that the facts stated in the indictment document do not constitute a crime.
The court passes a judgment of acquittal when the lawsuit requirements are not met, such as the following: a confirmed court ruling has already been passed on the same case; Presidential pardon; expiry of the statute of limitations; abolition of the punishment clause of the relevant law after perpetration of the crime.
When the court finds that the indictment against a defendant does not meet the lawsuit requirements other than the right of competent jurisdiction, it may decide not to review the contents of the case for the reason of a defective procedure or may pass a judgment concerning rejection of the indictment.