principle of direct trial is determined by the mechanism of consideration and perception of materials of a civil case by the court.In accordance with the Civil Procedure Code of the direct examination of the evidence of the case assigned to the courts of first instance.
definition of the principle of immediacy
So, we give the definition of "judicial immediacy."What is the basic principle of the evidential activity that establishes the truth of the facts and information needed for the trial and informed decision-making, it became clear during the time of Roman law.It consists of the following components:
- Court bases its decision, based solely on the evidence examined during the court proceedings, as only this ensures the validity of the final verdict.
- Examining the circumstances of the case, the court must obtain information from the direct sources.In the course of the proceedings the courts of first instance should immediately consider all available evidence: hear evidence involved in the case, the testimony given to the expert, to examine the real and see the written evidence.Such conditions provide immediacy of the trial and are the basis for making the right decision.
- In analyzing the evidence of the case by all parties to the judicial process, be sure to use the immediacy.What does this mean in practice?This means that the court must be based as fully as possible in the hearing on the initial evidence identified with the direct effect of certain events, such as the information of witnesses, victims and interrogations of the accused, these assessments, the information gathered by the investigation and by the defense.
requirement of the principle of immediacy in the use of the original evidence does not mean that the derivative evidence that emerged in the course of the proceedings, can be neglected.Derivative evidence may be supplemented or refute the original.
Do not forget that in judicial practice there are cases when it is impossible or impractical direct perception of the court of factual information.
In such cases, the principle of judicial immediacy has a number of exceptions provided for in the Civil Code of Procedure.
For example, in case of absence at the hearing for good reasons the witness or the person involved in the case, the court may issue a court order for their interrogation at the place of residence or location.
witness questioned the place of residence only in the event of failure to appear in court because of a disability or health condition makes it impossible for his personal presence at the hearing.In this case, the information for the court hearing the case is attached to the relevant judicial interrogation protocol.
cases of various evidentiary support, such as the questioning of witnesses, appointment and carrying out examinations, reclamation and study of material and written evidence to the initiation of the case and its consideration on the merits, will be an exception to this principle.And in this case, it is the judge will be the subject of immediate perception, even in the proceedings before a panel of judges.
sole and joint examination of the case
principle of direct trial guarantees that decisions will be based only on evidence obtained directly from the sources have knowledge whose testimony in the hearing were subjected to a thorough check.
In a case collectively, from beginning to end of the process of judges should remain unchanged.The sole consideration involves a judge for the duration of the trial.Participate in the process of issuing a procedural document on the results of the review - the definition or solution - can only judge who participated in the study of the circumstances of the case.If the petition for disqualification of the judge or of the court, or in the case of disposal of the judge (or one of the judges of the college) for legitimate reasons (business trip, illness and so on. D.) Review the current case start from the beginning.Otherwise, a new judge will not have all the necessary information for the conduct of the process, and will not be respected judicial immediacy.What does this affect the validity of the final decision - it is clear to all.
Code of Civil Procedure a separate article clearly states that the judiciary is the immediacy.What is absolutely necessary for the independence of the judge in his assessment of the case by the position of the preliminary investigation and inquiry - proved centuries jurisprudence