Special procedure for trial

Quite often in reports of sentencing for hate crimes, there is a reference to the fact that the case was considered “in a special order.”

A special procedure for judicial proceedings is provided for by Chapter 40 of the Criminal Procedure Code of Russia “Special procedure for making a judicial decision if the accused agrees with the charge brought against him” (Articles 314-317).

It becomes possible in cases of crimes for which the maximum sentence does not exceed 10 years in prison. “Special procedure” means that sentencing occurs without a trial if the accused fully agrees with the charges against him, requests such a procedure for the consideration of the case, and the prosecution (public or private) does not object to this.

Accordingly, the judge does not conduct a general examination and assessment of the evidence collected in a criminal case, but can examine the circumstances characterizing the personality of the defendant, and the circumstances mitigating and aggravating the punishment.

When considering a case in a special manner, the judge cannot pass a sentence that exceeds two-thirds of the maximum term or the amount of the most severe type of punishment provided for the crime committed.

However, the verdict cannot be appealed.

Sources:

• Code of Criminal Procedure of the Russian Federation // System "Garant".