Trial: concept, function, main stage

click fraud protection

judicial power in every state of law, performs an essential function - monitors the precise execution of the laws and administer justice.The basic form is the last trial.

In the legal literature under litigation understand backbone of the civil process, aimed at the full and fair consideration of the resolution of the dispute by the judge on the rights of the parties.

However, be aware that the term "trial" can be understood in two ways.Firstly, in terms of its focus, the process is completely independent function procedure, and secondly, the court proceedings in the civil case has the right and the duty to apply all the rules for making a fair decision.

trial in civil proceedings, in terms of legal practice must undertake the task of identification of the parties to the dispute, which in this situation acted in accordance with applicable law.In addition, often the judge must explain to a citizen of his rights at a time to eliminate the legal uncertainty has arisen in its legal sense.In this regard, the proceedings are absolutely available to every citizen, in fact, any process begins with the judge that provides the warring parties to resolve the dispute on their own, without the help of a third party.

any trial should be conducted as quickly as possible, without significant costs for both parties to the dispute, and in fact for the court.At the same time, the judge in this process is an important function of the organizer and the Arbiter, who must strictly adhere to the letter of the law exclusively.

In practice, there are the following stage of the proceedings:

1. Stage of the trial, which includes the presentation of evidence by both sides, including a demonstration of documents and interviewing witnesses.This stage ends with the possibility for the plaintiff or defendant to make additions, you have to present that evidence which had not been made public during the investigation.

2. The judicial debate: alternately perform the prosecution, the victim, the defendant and the defense, who are trying to interpret the facts in the light they need.After each performance the opposite side there is an opportunity to respond, that is, to explain certain phrases rivals.

3. The last word of each of the defendants in which they can once again draw the attention of the judges on various aspects, including reiterate his innocence or ask for reduction of sentence, referring to those or other circumstances.

4. Submission and sentencing.The verdict may not be announced, if the judge could not on the basis of these facts make for yourself a picture of what happened.In this case, the case will be sent for additional investigation.

Thus, the trial is a complex process aimed solely out to establish the truth in a particular legal dispute.