Marina Nikandrina, a lawyer with "A Country to Live in" foundation, within the framework of the "Let's Back to the Legal Track" project, tells how to behave during the trial and introduces some terms.
So, you found yourself in the temple of the Belarusian "justice."
After establishing your identity, the first step in the court will be to clarify: "Are there any challenges and motions?"
“Challenge” is an opportunity to replace a participant in the process, for example, a judge, stating the grounds that the person is personally (directly or indirectly) interested in the outcome of the case. After the challenge, the judge will be forced to retire to the deliberation room. If the petition for the judge's disqualification is granted, the case is postponed, and a new judge will be appointed.
But, you are in the Belarusian court, so, most likely, the judge will remain the same. Therefore, a bend can be used if you want to delay the process a little.
“Petition” - in simple words, it is a request. There can be any motions: from the defender's demand to the proposal to remove the witness's balaclava.
After the start of the trial, you should be asked to provide you with paper and a pen for taking notes. It is worth writing down the judge's names and the secretary and making notes during the meeting. Then it will be easier to write about your process in the initiative "23.34".
If the meeting takes place via Skype, there are grounds to object to this and file a motion to postpone the hearing and hold it in court. Consideration by electronic communication, with the disagreement of the parties, violates many rights.
If you need a lawyer, you can file a motion to postpone the hearing to agree with a lawyer. If the defense attorney was allowed to participate but did not appear, you can declare the case's consideration postponement. In this case, the court is obliged to postpone the consideration, release the detainee, issuing a summons for a new day.
You can apply to summon and interview persons as witnesses. If someone saw the moment of your arrest, then this person can be called to court and questioned as a witness. But now, it is fraught with the fact that your witness can be brought under the same article as you.
If at the stage of preparing the case you were not familiarized with the case materials, or you were given a copy of an unfilled protocol, you can voice this to the court and ask to allow you to personally familiarize yourself with the case materials with the right to make extracts from them.
Why is it important to file motions and challenges? It makes the judges work, and it takes time. And your detention will not turn out to be meaningless and will continue to fight the system.
Your explanations. You can refuse to give answers based on Art. 27 of the Constitution. But it is better to explain because it will help establish the circumstances of the case, contradictions in the documents, and explanations of the witness.
Interviewing witnesses. You have the right to ask the witness any questions related to the case's circumstances known to him. If there were contradictions in the witness's explanations, be sure to point this out.
According to the law, an administrative arrest cannot be applied to the following persons: pregnant women, disabled persons of I and II groups; women and single fathers with minor children, persons with dependent persons with disabilities of group I, as well as older people who have reached 80 years of age.
Therefore, it is important to inform the court if you belong to one of these citizens' categories. In a non-legal state, it is essential to fight for your rights.
There are now many trials, but not on administrative, but our activists' criminal cases. The meetings are open to the public. Therefore, come and support our heroes. After all, this is the only authorized place where you can express your civil position. And the authorities must also understand that we are still the majority.
Long live Belarus!
Support HERE
So, you found yourself in the temple of the Belarusian "justice."
After establishing your identity, the first step in the court will be to clarify: "Are there any challenges and motions?"
“Challenge” is an opportunity to replace a participant in the process, for example, a judge, stating the grounds that the person is personally (directly or indirectly) interested in the outcome of the case. After the challenge, the judge will be forced to retire to the deliberation room. If the petition for the judge's disqualification is granted, the case is postponed, and a new judge will be appointed.
But, you are in the Belarusian court, so, most likely, the judge will remain the same. Therefore, a bend can be used if you want to delay the process a little.
“Petition” - in simple words, it is a request. There can be any motions: from the defender's demand to the proposal to remove the witness's balaclava.
After the start of the trial, you should be asked to provide you with paper and a pen for taking notes. It is worth writing down the judge's names and the secretary and making notes during the meeting. Then it will be easier to write about your process in the initiative "23.34".
If the meeting takes place via Skype, there are grounds to object to this and file a motion to postpone the hearing and hold it in court. Consideration by electronic communication, with the disagreement of the parties, violates many rights.
If you need a lawyer, you can file a motion to postpone the hearing to agree with a lawyer. If the defense attorney was allowed to participate but did not appear, you can declare the case's consideration postponement. In this case, the court is obliged to postpone the consideration, release the detainee, issuing a summons for a new day.
You can apply to summon and interview persons as witnesses. If someone saw the moment of your arrest, then this person can be called to court and questioned as a witness. But now, it is fraught with the fact that your witness can be brought under the same article as you.
If at the stage of preparing the case you were not familiarized with the case materials, or you were given a copy of an unfilled protocol, you can voice this to the court and ask to allow you to personally familiarize yourself with the case materials with the right to make extracts from them.
Why is it important to file motions and challenges? It makes the judges work, and it takes time. And your detention will not turn out to be meaningless and will continue to fight the system.
Your explanations. You can refuse to give answers based on Art. 27 of the Constitution. But it is better to explain because it will help establish the circumstances of the case, contradictions in the documents, and explanations of the witness.
Interviewing witnesses. You have the right to ask the witness any questions related to the case's circumstances known to him. If there were contradictions in the witness's explanations, be sure to point this out.
According to the law, an administrative arrest cannot be applied to the following persons: pregnant women, disabled persons of I and II groups; women and single fathers with minor children, persons with dependent persons with disabilities of group I, as well as older people who have reached 80 years of age.
Therefore, it is important to inform the court if you belong to one of these citizens' categories. In a non-legal state, it is essential to fight for your rights.
There are now many trials, but not on administrative, but our activists' criminal cases. The meetings are open to the public. Therefore, come and support our heroes. After all, this is the only authorized place where you can express your civil position. And the authorities must also understand that we are still the majority.
Long live Belarus!
Support HERE
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