Closed court session upc. In what cases should a criminal trial be closed? This is a closed trial

Publicity as one of the most important principles of legal proceedings is proclaimed in Part 1 of Art. 123 of the Constitution of the Russian Federation, according to which the proceedings in all courts are open, and hearings of cases in closed court sessions are permitted in cases provided for by federal law. The openness of the trial presupposes the right of citizens to observe the progress of the trial both directly (being present in the courtroom) and by receiving relevant information from the media.

Thanks to the principle of openness, on the one hand, the educational and preventive impact of the criminal process is ensured, and on the other hand, control by society is established over the course and results of the consideration of criminal cases by the court.

In accordance with clause 5, part 2, art. 231 of the Code of Criminal Procedure of the Russian Federation, a decision to hear a case in a closed court session can be made either when a court session is scheduled, or directly during the trial. At the same time, both the entire court hearing and its separate part may be declared closed. On holding a hearing of a criminal case in a closed session, the court (judge) issues a reasoned ruling (resolution), which must indicate the specific factual circumstances on the basis of which the court made this decision.

Such circumstances may include information constituting a state or other secret protected by law, including information related to commercial, banking, medical, other professional, as well as personal and family secrets.

The court has the right to make a similar decision when considering criminal cases of any category, if an open trial creates or may create significant difficulties in ensuring the safety of witnesses, victims and other participants in the trial, as well as their close relatives, relatives or close persons.

In order to reduce the psychologically traumatic impact of the trial on the psyche of a minor and ensure his independence when giving evidence, the law allows for cases of crimes committed by persons under 16 years of age to be tried in closed sessions.

The issue of holding a closed hearing when considering cases of crimes in the field of sexual integrity and sexual freedom of the individual, as well as crimes affecting the honor and dignity of the individual, is decided primarily on the basis of the interests of the victim, to whom an open hearing of the case may cause unnecessary moral suffering.

According to Art. 23 of the Constitution of the Russian Federation, everyone has the right to privacy, personal and family secrets, as well as the right to privacy of correspondence, telephone conversations, postal, telegraph and other messages. The collection, storage, use and dissemination of information about the private life of a person without his consent is not allowed (Part 1 of Article 24 of the Constitution of the Russian Federation).

Important means of ensuring publicity in criminal proceedings are photography, audio and video recording, as well as filming of court proceedings, thanks to which the progress and results of the trial can become known to a large number of people.

A closed court session is a mandatory condition for the study in a court session of information captured in photographs, audio and video recordings, filming, if they are of a personal nature. It does not matter whether the relevant recordings and filming were made during the criminal proceedings or independently of it.

In accordance with the provisions of Part 5 of Art. 241 of the Code of Criminal Procedure, representatives of the media, like all other persons present at an open court hearing, are given the right to record the progress of the trial in writing (for example, keep a written record and transcript of the meeting, make drawings, etc.), as well as through audio recording.

A court (judge) of any instance has the right to prohibit recording the process in these ways if it disrupts the normal course of the trial (excessively loud noise of the technical means used, bright, distracting or irritating light). A similar prohibition may follow if photographing or video recording, filming creates obstacles to the objective examination of evidence and may entail a violation of the provisions of Art. Art. 23 and 24 of the Constitution of the Russian Federation of the rights of participants in criminal proceedings, a threat to their safety.

The bailiff, ensuring order in the courtroom, is obliged to take measures to exclude the presence in the courtroom of persons under 16 years of age, taking into account the possible negative impact of the study of the specific circumstances of the case on the formation of the psyche of minors.

Despite the hearing of a criminal case in a closed court session, the proclamation of the verdict must take place in an open court session. At the same time, in order to prevent the disclosure of information that constitutes a secret protected by law, the law allows the disclosure of only the introductory and operative parts of the verdict (or other decision concluding the proceedings in the case).

A closed court session is permitted in cases where it is expressly provided for by the relevant procedural law. Publicity (openness) of judicial proceedings is one of the key principles of justice. Any deviation from it is an exceptional measure, which is taken by the court based on the impossibility of disclosing certain data to third parties.

Depending on the type of trial (criminal, civil, arbitration), the procedure for holding closed court hearings has its own characteristics. The differences are minor, but they need to be taken into account.

Grounds for closed meetings

Most often, closed sessions are held in criminal proceedings. This is due, first of all, to the presence of more grounds than are provided for in civil and arbitration cases.

Grounds in criminal proceedings:

1. Consideration of the case may lead to the disclosure of secrets protected by law, for example, data constituting a state secret.
2. The crime was committed by persons under 16 years of age.
3. Consideration of the case can lead to the disclosure of intimate information about the lives of the participants in the process or information that degrades their dignity and honor.
4. It is necessary to ensure the safety of the participants in the process, their relatives or close persons.
5. It is necessary to disclose and examine the correspondence of certain persons, recordings of their telephone and other conversations, other messages, personal materials (photos, video, audio), but such persons have not given consent to this.

Grounds for a closed meeting in civil proceedings:

• The case contains information representing a state secret or the secret of adoption.
• At the request of an interested person, it is necessary to ensure the preservation of commercial or other secrets protected by law or the inviolability of private life, other circumstances, the open discussion of which may lead to their disclosure or violate the rights and interests of citizens.

In arbitration proceedings, the same grounds for closed hearings are established as in civil cases.

The law may establish other grounds for holding closed trials. This may be due to the identity or status of the participants in the process, the need to protect certain information, or to ensure security.

Procedural features of holding closed proceedings

Main:

1. The decision is made by the court on its own initiative, at the request of the participants in the process, and, if this is expressly stated in the law, only if there is a corresponding request from an interested person.
2. Any basis applied by the court must be specified and indicated in the court's decision to conduct closed proceedings. Persons who submit a petition are required to justify their request - not just give a reason, but specify and argue for it.
3. The process may be closed in whole or in part (only for certain meetings).
4. Except for the application of special rules and restrictions, closed hearings are conducted in the same way as open hearings.
5. In closed proceedings, the use of videoconferencing is prohibited. From September 1, 2019, Federal Law No. 265-FZ dated July 29, 2018, which makes some changes to the Code of Criminal Procedure, Civil Procedure Code and Arbitration Procedure Code, prohibits the use of audio recording devices.
6. Persons participating in a closed meeting are warned of responsibility for disclosing information that has become known to them. They have no right to distribute them in any way.

In practice, closed sessions differ from open ones, first of all, by the absence of outsiders who are neither participants in the process nor persons summoned to court (experts, specialists, witnesses). Thus, journalists and all those who simply came to watch and listen cannot be present here.

Despite the holding of closed sessions or completely closed proceedings in the case, the court's decision must be announced publicly. In order to keep certain information secret, the law allows the possibility of disclosing only the introductory and effective parts.

An open meeting presupposes the possibility of the presence of any persons, including representatives of the media. Journalists are usually attracted to high-profile trials. Ordinary citizens often go to court out of curiosity or professional interest.

In open meetings, those present have the opportunity to record the progress of the hearing, in particular, make audio and video recordings, make written notes, drawings, etc. Sometimes such actions interfere with legal proceedings. To limit the recording of meetings, the court has the right to establish a special ban. This does not make the process closed, but it cannot be called completely open either. Typically, courts refer to an obstacle to an objective examination of evidence, a threat to the safety of participants in the process, and a violation of their rights and legitimate interests. The use of technical means may create noise or other interference with the normal course of the process. This also sometimes appears in the grounds for establishing restrictions.

In order for the court to establish prohibitions or restrictions, a participant in the process may file a corresponding petition. But the final decision is up to the court. Quite often, judges do this so as not to create a stir due to the influx of visitors and journalists in high-profile cases. In this case, such persons are simply not allowed into the room where the hearing is taking place, citing the interference with the conduct of normal proceedings and the calm examination of evidence.

In general, closed meetings are considered a last resort. They are held infrequently. Mainly in criminal cases of sexual crimes, murders with particular cruelty, etc., as well as in almost all cases related to state secrets.

We will tell you how to correctly draw up and submit to the court a petition for a closed court hearing. Download a sample petition and ask questions to lawyers.

In all courts of the Russian Federation, hearings of cases are open; closed court hearings are allowed only in cases expressly specified in the law. The openness of court hearings does not require the adoption of special court decisions; it is guaranteed by Article 123 of the Constitution of the Russian Federation and is enshrined.

In cases provided for by law, the court considers the case in a closed court session. In order to convey to the court the circumstances related to the need to maintain any secret by holding a closed court hearing, you should use this sample.

If there is a petition, the court has the right to consider a civil case in a closed court session on the grounds of ensuring the right to privacy or preserving information that constitutes a commercial or other secret protected by law, as well as information, the public discussion of which could interfere with the proper trial of the case or entail violation of the rights and legitimate interests of a citizen.

The presence in the case of information related to the private life of the persons participating in the case is not an absolute basis for the court to decide to conduct the trial of the case in a closed court session. When deciding whether to conduct a trial in a closed court session on the grounds of ensuring a person’s right to privacy, they take into account the nature and content of information about the person’s private life, as well as the possible consequences of disclosing such information.

In a closed court session, audio recording, video recording, photography is prohibited, and any broadcast of the closed court session is prohibited. In established cases, persons participating in the case are warned about the established responsibility for disclosing information that was reported in a closed court session.

The petition is submitted to the court, which hears the civil case. It is possible to file a petition for a closed court hearing at any stage of the consideration of the case. The plaintiff may request a closed court hearing at the same time. The defendant may submit such an application simultaneously with. The petition can be made either in writing or stated orally at a court hearing.

IN _____________________

(name of court)

from _____________________

(full name, address)

Request for a closed trial

A civil case is pending in court regarding the claim of _________ (full name of the plaintiff) against _________ (full name of the defendant) about _________ (indicate the subject of the dispute).

The subject of discussion at the court hearing will be the following information _________ (indicate information that relates to a secret protected by law). In order to ensure the secrecy of information, the public discussion of which may affect _________ (indicate possible negative reasons for an open court session, which may be affected by the disclosure of information), the case must be considered in a closed court session.

Guided by Article 10 of the Civil Procedure Code of the Russian Federation,

1. Consider a civil case on the claim of _________ (full name of the plaintiff) to _________ (full name of the defendant) about _________ (specify the subject of the dispute) in a closed court hearing.

List of documents attached to the application:

Documents confirming the existence of grounds for a closed court hearing

Date of application “___”_________ ____ Signature _______

an exception provided for by procedural law from the general principle of publicity of legal proceedings. In Art. 9 Code of Civil Procedure of the RSFSR, Art. 9 of the Arbitration Procedure Code of the Russian Federation formulates cases when the case can be heard in the Law. First of all, an open hearing of a case is certainly unacceptable if it contradicts the interests of protecting state secrets. In addition, a closed trial is possible based on a reasoned ruling by the court (judge) in order to prevent the disclosure of information about the intimate aspects of the lives of the participants in the trial. Consideration in L.S.Z. civil cases are also carried out in order to ensure the secrecy of adoption, and in an arbitration court - when the court satisfies the petition of a person participating in the case, citing the need to preserve commercial or other secrets, and in other cases established by federal law; in criminal proceedings in Z.s.z. cases of crimes committed by persons under sixteen years of age and cases of sexual crimes are considered. According to Art. 176 of the Code of Civil Procedure of the RSFSR, in order to protect the secrecy of correspondence and telegraph messages, the disclosure of personal correspondence and telegraph messages of citizens is allowed in an open court session only with the consent of the persons between whom this correspondence and telegraph messages occurred. In the absence of such consent, this correspondence and telegraphic messages are disclosed and examined in Z.s.z. The Code of Criminal Procedure of the RSFSR does not directly formulate any prohibitions on the disclosure of correspondence and telegraph messages in an open court hearing. However, from its meaning it follows that the announcement of such messages in an open court session is unacceptable if this involves the disclosure of information about the intimate aspects of the lives of the persons involved in the case. In accordance with the Constitution of the Russian Federation, everyone has the right to privacy, personal and family secrets, protection of their honor and good name; to the secrecy of correspondence, telephone conversations, postal, telegraph and other messages. Restriction of this right is permitted only on the basis of a court decision. The above constitutional provisions are not fully implemented in procedural legislation. Until the norms of the Civil Procedure Code and the Code of Criminal Procedure are brought into strict compliance with the provisions of the Constitution, in civil and criminal proceedings, in necessary cases, the rules formulated in the Constitution must be applied, since its norms have the highest legal force and direct effect. Interpreting the norms of the Civil Procedure Code and the Code of Criminal Procedure, taking into account the stated constitutional provisions, one should come to the conclusion that the implementation of the Law. a civil or criminal case is also possible in order to prevent the disclosure of information relating to the private life of a citizen, personal and family secrets, the protection of his honor and good name, the secrecy of telephone conversations and other messages, for example received by teletype or fax. The issue of protecting official and commercial secrets is somewhat more complicated, since the relevant instructions are contained only in the Arbitration Procedure Code of the Russian Federation. However, the concept of official and commercial secrets, as well as the regulation of relations related to them, is carried out by civil law. Based on a systematic interpretation of the rules of law, one should come to the conclusion that the disclosure of official or commercial secrets in appropriate cases is unacceptable even when courts of general jurisdiction are considering civil and criminal cases. When considering some criminal cases of serious violent crimes (murder, kidnapping, terrorism, hostage-taking, banditry, qualified extortion, etc.), courts sometimes face a real threat to the life and health of victims and witnesses. Therefore, in the interests of the safety of participants in the process, the court is sometimes forced to limit the principle of publicity of legal proceedings, for example, by issuing a ruling to remove the public from the courtroom. Such actions of the court, which formally contradict the provisions of the Code of Criminal Procedure, are based on norms of higher legal force that are part of the Russian legal system. In particular, according to the Constitution of the Russian Federation, the rights of victims of crimes and abuse of power are protected by law. And on the basis of Art. 14 of the International Covenant on Civil and Political Rights 1966 the public may be excluded from court proceedings when the interests of the parties so require. Hearing of the case in Z.s.z. carried out in compliance with all rules of legal proceedings. Citizens under 16 years of age are not allowed into the courtroom in civil and criminal cases, unless they are persons participating in the case or witnesses. Obviously, the legislator proceeds from the fact that the presence in the courtroom of persons under the specified age can have a negative educational impact on them. At the same time, we believe that the rules of the Civil Procedure Code and the Code of Criminal Procedure are formulated in this case too harshly. In addition, the above norms come into some conflict with the provisions of family and civil legislation, which significantly redefine the legal status of minors and especially persons over 14 years of age. However, in practice, courts in some cases are forced to allow persons under 16 years of age to attend court hearings, taking into account various types of non-standard legal and everyday situations. And this can hardly be seen as a gross violation of the law. The decision and verdict of the court in all cases are announced publicly. At the same time, based on a logical and systematic interpretation of the norms of civil and criminal procedural law, it must be concluded that the public proclamation of a decision or sentence should not be accompanied by the disclosure of information, in order to preserve the secrecy of which the court hearing was held in whole or in part behind closed doors. This kind of information should not be included in a court decision unless absolutely necessary. But if, due to the circumstances of a particular case, it is impossible to draw up a court ruling without using information representing state or other secrets, appropriate notes must be made when proclaiming it. As for the court decision to establish the adoption of a child, then, based on the meaning of procedural legislation, it must be announced in the Law. (see Publicity of the trial). AL. Bonner

First closed court hearing in the casePyotr Kuznetsov - leader of the hermits , who hid for more than six months in a cave near the village of Nikolskoye in the Penza region, will take place on Tuesday in the premises of the regional psychiatric hospital where the defendant is being treated, said Marina Shcheglova, press secretary of the judicial department of the Penza region.

According to Article 123 of the Constitution of the Russian Federation, proceedings in all courts are conducted in the open. Hearing the case in closed session is permitted in cases provided for by federal law.

Such cases are provided for in procedural codes - the Civil Procedure Code (CPC), the Criminal Procedure Code (CPC), and the Arbitration Procedure Code (APC).

In civil proceedings (Article 10 of the Civil Procedure Code):

Proceedings in closed court sessions are carried out in cases containing information constituting a state secret, the secret of the adoption of a child, as well as in other cases if this is provided for by federal law. Proceedings in closed court sessions are also permitted if the petition of a person participating in the case is satisfied and refers to the need to preserve commercial or other secrets protected by law, the inviolability of the private life of citizens or other circumstances, the public discussion of which could interfere with the proper trial of the case or entail the disclosure of these secrets or violation of the rights and legitimate interests of a citizen.

When considering a case in a closed court session, the persons participating in the case, their representatives, and, if necessary, also witnesses, experts, specialists, and translators are present.

Persons participating in the case and citizens present at an open court hearing have the right to record the progress of the trial in writing, as well as through audio recording. Photography, video recording, and broadcast of the court hearing on radio and television are permitted with the permission of the court.

Court decisions are announced publicly, except in cases where such announcement of decisions affects the rights and legitimate interests of minors.

In criminal proceedings (Article 241 of the Code of Criminal Procedure):

A closed trial is allowed on the basis of a court ruling or order in cases where:

1) the proceedings of a criminal case in court may lead to the disclosure of state or other secrets protected by federal law;

2) criminal cases of crimes committed by persons under the age of sixteen are considered;

3) consideration of criminal cases on crimes against sexual integrity and sexual freedom of the individual and other crimes may lead to the disclosure of information about the intimate aspects of the lives of participants in criminal proceedings or information that humiliates their honor and dignity;

4) this is required by the interests of ensuring the safety of participants in the trial, their close relatives, relatives or close persons.

Correspondence, recordings of telephone and other conversations, telegraphic, postal and other messages of persons may be read out in an open court session only with their consent. Otherwise, the specified materials are disclosed and examined in a closed court session. These requirements also apply when examining photographic materials, audio and (or) video recordings, and filming of a personal nature.

In the case of a criminal case being considered in a closed court session, on the basis of a court ruling or ruling, only the introductory and operative parts of the sentence may be announced.

In the arbitration process (Article 11 of the APC):

The hearing of a case in a closed court session is permitted in cases where an open hearing of the case may lead to the disclosure of state secrets, in other cases provided for by federal law, as well as when satisfying the petition of a person participating in the case and citing the need to preserve commercial, official or other protected property. the law of secrecy.

A ruling is made on the trial of the case in a closed court session.

The determination is made in relation to all or part of the trial.

When a case is being tried in a closed court session, the persons participating in the case, their representatives are present, and, in necessary cases and in the manner established by the Code, experts, witnesses and interpreters are also present.

Persons present at an open court hearing have the right to take notes during the court hearing and record it using audio recording devices. Filming and photography, video recording, as well as broadcasting a court hearing of an arbitration court on radio and television is permitted with the permission of the judge presiding at the court session.

Judicial acts of the arbitration court are announced publicly.

The material was prepared based on information from open sources