08 Jul VERDICT OF CONVICTION
A verdict of conviction is a decision made if the offense charged with the defendant is fixed. (CMK 223/5. matter). In order for a conviction to be decided, the act committed by the defendant must be considered a crime in the law at the time of the verdict.
The decision on conviction must be reasoned. A reasoned decision is a detailed decision written by criminal courts to explain the claims and defense that are the subject of a trial, the cases, evidence, and claims, and for what legal reasons they have established a verdict.
The following points are included in the justification of the conviction (CMK 230/1.substance):
Opinions expressed in the claim and defense
During the entire trial, the claim and the defense side submits their opinions on the criminal dispute between the indictment and the subject of the trial orally or in writing in court with their petitions. In the judgment of conviction, the statement and the subject of the criminal case of the defense side of the claim should outline what their views on the dispute are. In this way, the thesis, which is the logic of the criminal trial, is audited by the decision of the conviction whether it is executed in accordance with the triad of antithesis and synthesis.
Discussion and evaluation of evidence
The discussion and evaluation of the evidence is the most important part of the conviction decision. The criminal court should evaluate all kinds of evidence that serves as proof of the crime that is the subject of the trial, stating its controversial, subsidized importance. In the justification of the conviction decision, it is necessary to indicate the evidence based on the verdict and the evidence rejected. The evidence based on the judgment; the one that proves the paragraph of the judgment, the acquittal of the judgment, the conviction, etc. this is the evidence that allows it to occur in the direction. The rejected evidence should also be shown separately in the decision on conviction. The evidence that is intended to be presented and discussed at the hearing is rejected in the following cases (CMK 206/2.substance):
If the evidence was obtained in violation of the law, the,
If the incident that is wanted to be proven by evidence does not have an impact on the decision,
If the request was made solely for the purpose of prolonging the case.
In the decision on conviction, the evidence contained in the file and obtained by illegal methods must be stated separately and clearly.
The reached opinion
The opinion reached by the court at the end of the criminal trial is the actual fact that the accused is considered to have committed a crime, and the qualification of this should be shown in the conviction decision. Taking into account the requests put forward by the parties, the punishment should be determined according to the order and principles established in accordance with the relevant articles of the TCC.
The Basis of the Decision on Additional Security Measures with the Personalization October
The grounds for postponing the sentence, changing the prison sentence to a judicial fine or one of the measures, or applying additional security measures, or accepting or rejecting requests for these October should be included in the justification of the conviction decision.
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