RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 29, 2016 No. 55

About the adjudication

Sentence is the judgment decided on behalf of the Russian Federation on criminal case about innocence or guilt of the defendant and appointment to it punishments or about release from punishment.

The constitutional regulations that each person accused in crime execution is considered innocent until his guilt is proved in the procedure provided by the Federal Law and is established by the court verdict which took legal effect, determines value of the adjudication as most important act of justice and obliges courts to observe strictly requirements of the legislation imposed to sentence.

For the purpose of ensuring uniform application by courts of the regulations of the criminal procedure law regulating the resolution Trial Court of justificatory and accusatory sentences, improvement of quality of adjudications and also in connection with the questions arising at courts, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make the following explanations:

General provisions

1. Draw the attention of courts that owing to provisions of article 297 Code of Criminal Procedure of the Russian Federation the court verdict shall be legal reasonable and fair and is recognized to that if it conforms to requirements of the criminal procedure legislation imposed to its contents, procedural form and procedure for the resolution and also it is based on the correct application of the penal statute. Taking into account provisions of article 14 of the International Covenant on Civil and Political Rights of December 16, 1966 (further - the Covenant on Civil and Political rights) the sentence can be acknowledged legal only if it is decided by results of fair legal proceedings.

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