Closed mode of the court session. What does a closed court hearing mean and in what cases is it held? Grounds in criminal proceedings
Recent questions on the topic: "closed judicial sitting ยป
Inadmissible evidence
Hello!
The defendant filed a motion through the expedition to add evidence to the case file.
However, the hearing at which this petition was to be considered was not held due to the fault of the court.
The judge admitted this evidence outside the court session without a protocol, and also did not provide this evidence to the plaintiff. Made a decision not in favor of the plaintiff, based on this evidence at the next meeting, at which the plaintiff was not present but was notified.
Consideration of the petition in the court session to attach this evidence to the case file. There is no separate protocol procedural action.
How the appellate instance resolves this violation.
Is this evidence subject to withdrawal from the case with the obligatory consideration of the petition for their inclusion in the court session and the drawing up of a protocol?
sergey, Moscow
closed court session
Lawyer: Alexey Otpuschennikov
now online
The violations indicated by you are procedural violations which you have the right to indicate in appeal... However, in accordance with Part 3 of Art. 330 Code of Civil Procedure of the Russian Federation violation or misapplication of norms procedural law is the basis for changing or canceling the decision of the court of first instance, if this violation has led or could have led to the adoption of an incorrect decision on the merits. Alas, if the evidence presented did not lead to an incorrect decision on the merits Court of Appeal will not cancel.
Article 241 of the Criminal Procedure Code of the Russian Federation
Good afternoon, can you please tell me if I can attend the trial of my girlfriend. Consideration of the case - civil proceedings, category of Claims for the recovery of amounts under a loan agreement, credit agreement. And at the same time it is necessary to explain to the secretary or the judge who I am and why I came to the hearing? And will they not expel me from the hearing?
Vladimir, St. Petersburg
closed court session
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Lawyer: Oleg Nasonov
offline now
Hello Vladimir. The law (Article 10 of the Code of Civil Procedure of the Russian Federation) provides for publicity judicial trial legally restricted
1. Proceedings in all courts are open to the public.2. Proceedings in closed court sessions are carried out in cases containing information constituting state secret, the secret of adoption (adoption) of a child, as well as in other cases, if provided federal law.
Proceedings in closed court hearings are also allowed when the petition of the person participating in the case is satisfied and who refers to the need to preserve commercial or other secrets protected by law, inviolability privacy citizens or other circumstances, the open discussion of which can interfere with the correct hearing of the case or entail the disclosure of these secrets or violation of rights and legitimate interests citizen.3. Persons participating in the case, other persons present at the performance of a procedural action, during which the information specified in part two of this article may be revealed, are warned by the court about responsibility for their disclosure.
4. The court shall issue a reasoned ruling on the hearing of a case in a closed court session with respect to all or part of the court proceedings.
5. When considering a case in a closed court session, there are persons participating in the case, their representatives, and necessary cases also witnesses, experts, specialists, translators.
6. The case in a closed court session is considered and resolved in compliance with all the rules civil proceedings.The use of video conferencing systems in a closed court session is not allowed.
7. Persons participating in the case, and citizens present at an open court session, have the right to record the course of the trial in writing, as well as by means of audio recordings. Photographing, video recording, broadcasting of the court session on radio and television are allowed with the permission of the court..
8. The decisions of the courts are announced publicly, unless such announcement of decisions affects the rights and legitimate interests of minors.
Lawyer: Eduard Mirasov
now online
Hello Vladimir!
All lawsuits in the Russian Federation, regardless of whether criminal or civil, are cool, unless special categories of cases are considered, for example, of a sexual nature or espionage. Those. You can attend the process, the main thing is to have a passport. If you are not allowed in or will be kicked out, you can file a complaint with the President of the Court.
Good luck to you!
Good day! Question:
Does the defendant have the right to record the court session on audio or video media?
Ruslan, Moscow
closed court session
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Lawyer: Mikhail Petrov
now online
Ruslan, good night. Are you talking about a civil procedure?
Yes, both the defendant and the plaintiff have such a right.
According to Art. 10 Code of Civil Procedure of the Russian Federation
Thus, audio recording is permitted without any reservations.
Video recording - only with the permission of the court. Permission can also be obtained orally, but reflected in the minutes of the court session.
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Lawyer: Violetta Magola
offline now
Does the defendant have the right to record the court session on audio or video media?
Ruslan
Yes, he has such a right. If it comes on open court. meeting. But only WITH THE PERMISSION OF THE COURT
Article 10. Publicity of the trial
1. Proceedings in all courts shall be open.
7. Persons participating in the case, and citizens present at an open court session, have the right to record the course of the trial in writing, as well as by means of audio recordings. Photographing, video recording, broadcasting of the court session on radio and television are allowed with the permission of the court.
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Lawyer: Olga Nikolaeva
offline now
Hello,
Yes, it has. With the permission of the court
Article 10. Publicity of the trial
[Civil Procedure Code of the Russian Federation] [Chapter 1] [Article 10]
7. Persons participating in the case, and citizens present at an open court session, have the right to record the course of the trial in writing, as well as by means of audio recordings. Photographing, video recording, broadcasting of the court session on radio and television are allowed with the permission of the court.
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Lawyer: Sergey Knyazkin
now online
Ruslan, hello. Has the right, without the permission of the presiding officer, only audio recording, as well as make sketches. But the right to video recording may be limited for the safety of the participants in the process. That is, with regard to video recording, it is the full discretion of the court.
In addition, all procedural actions of the participants trial recorded in the protocol. If you disagree with its content, you can bring your comments on it.
Lawyer: Mikhail Petrov
now online
Also in this regard, in the resolution of the Plenum The Supreme Court RF of 13.12.2012 N 35 "On openness and publicity of legal proceedings and on access to information on the activities of courts" noted that
12. Access to information on the activities of courts is also ensured by granting persons present in an open court session, both participants in the proceedings and persons who are not participants in the proceedings, representatives of the editorial offices of the media (journalists), the right to record the course of the proceedings (Article 12 of the Law on ensuring access to information) in the manner and forms provided for by part 7 of Article 10 of the Code of Civil Procedure of the Russian Federation, part 3 of Article 24.3 of the Administrative Code of the Russian Federation and part 5 of Article 241 of the Code of Criminal Procedure of the Russian Federation (written form, audio recording, photography, video recording, filming, broadcasting of the course of the trial) ...
The courts should ensure that all persons attending an open court hearing are representatives of the editorial offices of the media (journalists) equal conditions to exercise such a right.
13. To draw the attention of the courts to the fact that the provisions of part 7 of article 10 of the Code of Civil Procedure of the Russian Federation, part 3 of article 24.3 of the Code of Administrative Offenses of the Russian Federation, part 5 of article 241 of the Code of Criminal Procedure of the Russian Federation do not provide for the obligation of persons present at an open court hearing and fixing its progress in writing and (or ) by means of audio recording, notify the court and obtain permission from him to record the course of the proceedings in these forms.
The written form of fixing the course of the proceedings includes, among other things, keeping text records directly in the information and telecommunication network Internet (hereinafter referred to as the Internet), carried out using computer and other technical means, as well as sketches of the trial.
Photographing, video recording, filming, as well as broadcasting on radio and (or) television of the course of the trial can be carried out only with the permission of the court (part 7 of article 10 of the Code of Civil Procedure of the Russian Federation, part 3 of article 24.3 of the Code of Administrative Offenses of the Russian Federation, part 5 of article 241 of the Code of Criminal Procedure of the Russian Federation). In the same manner, video broadcasting of the course of the trial on the Internet is allowed.
When deciding on the admissibility of photographing, video recording, filming, broadcasting the course of an open trial, the court should proceed from the fact that such fixation is possible in any case, except for cases when it may lead to a violation of the rights and legitimate interests of the participants in the process, including including the right to privacy, personal and family secrets, protection of one's honor and good name, on the confidentiality of correspondence, telephone conversations, postal, telegraphic and other messages containing personal information (Article 23 and part 4 of Article 29 of the Constitution Russian Federation, part 7 of article 10 of the Code of Civil Procedure of the Russian Federation, part 3 of article 24.3 of the Code of Administrative Offenses of the Russian Federation, part 5 of article 241 of the Code of Criminal Procedure of the Russian Federation).
If the court comes to the conclusion that photography, video recording, filming, broadcasting of the course of an open trial will not lead to a violation of the rights and legitimate interests of the participants in the process, then it has no right to prohibit them only because of the subjective and unmotivated unwillingness of the participants in the process of such fixation.
16.Materials for audio recording, photography, video recording, filming, which were obtained as a result of fixing the course of the trial, carried out in compliance with the requirements of the procedural legislation of the Russian Federation by the participants in the process and by persons present in an open court session, but not being participants in the process, representatives of the editorial offices of the media (journalists), cannot be claimed by the court from such persons.
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Lawyer: Evgeny Goryunov
offline now
Does the defendant have the right to record the court session on audio or video media?
Ruslan
Yes, the defendant has such a right, since he is a party to the process, while the audio recording can be made without any restrictions, but the consent of the judge presiding in the case is required for the production of video recording
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Lawyer: Oleg Feofanov
offline now
If it is theoretical, then without permission you can make notes and sketches. Videos and photos with the permission of the court. In principle, everything has already been explained.
The only question is in the records on the computer. Formally, this is not prohibited, but every laptop has a camera.
Therefore, you can refer to the fact that you are recording in the Word and turn on the camera. Nobody will check
Lawyer: Violetta Magola
offline now
No, they were not forbidden, the question is purely theoretical.
Ruslan
This is not theory, but practice and, as a rule, the judge does not refuse to keep audio and video recording, tk. this is expressly provided for in the law If it is not a closed hearing
Court session without the participation of the defendant
faced a situation being tried on a fabricated case, after a meeting with a lawyer, we leave the court. I remember that I forgot the summons, I come back and see a picture in the courtroom there are a judge, a secretary, a prosecutor, a victim and his representative are in session. At the same time, what struck most of all the convoy was in the corridor, although the victim was sentenced to imprisonment and is serving time. After a while, it ends and everyone leaves, I ask the prosecutor what was the answer - I can't say anything else in closed session, a similar question to the secretary - answer in closed session, your rights were not affected.
Explain what it was - without me they tried?
Anatoly, Orenburg
closed court session
Can an accompanying defendant be excluded from the magistrate's court?
Hello, can you tell me, can an accompanying defendant be refused entry to the magistrate's court?
Valeria, Moscow
closed court session
Lawyer: Vitaly Zakiryanov
offline now
Valeria, hello!
Article 241 of the Code of Criminal Procedure of the Russian Federation. Publicity
1. Proceedings of criminal cases in all courts shall be open, except for the cases provided for in this article.
2. A closed trial is allowed on the basis of a ruling or a court order in cases where:
1) the trial of a criminal case in court may lead to the disclosure of state or other secrets protected by federal law;
2) criminal cases on crimes committed by persons under the age of sixteen are considered;
3)
consideration of criminal cases on crimes against sexual
inviolability and sexual freedom of the person and other crimes
can lead to the disclosure of information about the intimate aspects of life
participants in criminal proceedings or information degrading their honor
and dignity;
4)
this is required by the interests of ensuring the safety of the participants in the
proceedings, their close relatives, relatives or close
persons.
Thus, there should be no obstacles to admitting your relative if the trial is open.
Civil Procedure Code of the Russian Federation:
Article 10 of the Code of Civil Procedure of the Russian Federation. Publicity of the trial
1. Proceedings in all courts shall be open.
2. Proceedings in closed court sessions are carried out in cases containing information constituting a state secret, the secret of adoption (adoption) of a child, as well as in other cases, if this is provided for by federal law. Proceedings in closed court hearings are also allowed when 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 private life of citizens or other circumstances, the open discussion of which can interfere with the correct hearing of the case or entail the disclosure of these secrets or violation of the rights and legitimate interests of a citizen.
3. Persons participating in the case, other persons present at the performance of a procedural action, during which the information specified in part two of this article may be revealed, are warned by the court about responsibility for their disclosure.
4. The court shall issue a reasoned ruling on the hearing of a case in a closed court session with respect to all or part of the court proceedings.
5. When considering a case in a closed court session, there are persons participating in the case, their representatives, and, if necessary, also witnesses, experts, specialists, translators.
6. The case in a closed court session is considered in compliance with all the rules of civil proceedings. The use of audio recording devices and videoconferencing systems in a closed court session is not allowed.
7. Persons participating in the case, and citizens present at an open court session, have the right to record the course of the trial in writing, as well as by means of audio recordings. Filming and photography, video recording, broadcasting of the court session on radio, television and in the information and telecommunication network "Internet" are allowed with the permission of the court.
8. The decisions of the courts are announced publicly, unless such announcement of decisions affects the rights and legitimate interests of minors.
Return to the table of contents of the document: Civil Procedure Code of the Russian Federation
Comments on Article 10 of the Code of Civil Procedure of the Russian Federation, judicial practice of application
In clause 12 of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 06/26/2008 N 13 "On the application of the norms of the Civil procedural code Of the Russian Federation when considering and resolving cases in the court of first instance "contains the following clarifications:
Audio recording - without court permission. Video recording - with the permission of the court. Place and time of recording are determined by the court
By virtue of part 7 of article 10 of the Code of Civil Procedure of the Russian Federation, persons participating in the case and citizens present in an open court session have the right to record the course of the trial in writing, as well as using audio recording means, without the permission of the court (judge).
Photographing, video recording, broadcasting of the court session on radio and television are allowed with the permission of the court, taking into account the opinion of the persons participating in the case. These actions must be carried out at the places indicated by the court in the courtroom and, according to the court's decision, may be limited in time.
A closed court session is allowed in cases where it is expressly provided for by the relevant procedural law. Publicity (openness) of court proceedings is one of the key principles of justice. Any departure from it is an exceptional measure that is taken by the court proceeding from the impossibility of disclosing certain data to third parties.
Depending on the type of trial (criminal, civil, arbitration), the procedure for holding closed court sessions has its own characteristics. The differences are insignificant, but they must be taken into account.
Grounds for closed meetings
Most often, closed sessions are held in criminal proceedings. This is primarily due to the presence of a greater number of grounds than provided for in civil and arbitration cases.
Grounds in criminal proceedings:
- Consideration of a case can lead to the disclosure of secrets protected by law, for example, data constituting a state secret.
- The crime was committed by persons under the age of 16.
- Consideration of the case can lead to the disclosure of intimate information about the life of the participants in the process or information that humiliates their dignity and honor.
- It is necessary to ensure the safety of the participants in the process, their relatives or close persons.
- It is necessary to read out and investigate the correspondence of certain persons, the recording of their telephone and other conversations, other messages, personal materials (photo, video, audio), but such persons did not give their consent.
Grounds for closed session in civil proceedings:
- The file contains information that is 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, an open discussion of which may lead to their disclosure or violate the rights and interests of citizens.
V arbitration process established the same grounds for a closed hearing as in civil cases.
The law may establish other grounds for holding closed court proceedings. This may be due to the personality or status of the participants in the process, the need to protect certain information or ensure security.
Procedural features of closed proceedings
The main thing:
- The decision is taken by the court on its own initiative, at the request of the participants in the process, and, if it is expressly specified in the law, only if there is a corresponding request from the person concerned.
- Any ground applied by the court must be specified and specified in the court's decision to conduct a closed proceeding. Persons who make a petition are obliged to substantiate their request - not just give a reason, but specify and substantiate it.
- The process can be closed in whole or in part (only in part of certain meetings).
- Except for the application of special rules and restrictions, closed hearings are conducted in the same manner as public hearings.
- In a closed process, the use of video conferencing facilities is unacceptable. From September 1, 2019, Federal Law of July 29, 2018 N 265-FZ, which introduces some changes to the Criminal Procedure Code, the Code of Civil Procedure and the AIC, also prohibits the use of audio recording media.
- The persons participating in the closed meeting are warned about the responsibility for the disclosure of information that has become known to them. They may not distribute them in any way.
In practice, closed sessions differ from open ones, first of all, by the absence of outsiders in them, who are neither participants in the process, nor persons summoned to court (experts, specialists, witnesses). Thus, journalists and all those who just came to watch and listen cannot be present here.
Despite the holding of closed sessions or completely closed proceedings on the case, the court's decision must be announced in public. In order to keep certain information secret, the law allows only the introductory and effective parts to be announced.
An open meeting assumes the possibility of the presence of any person, including representatives of the media. Journalists are attracted, as a rule, by high-profile trials. Ordinary citizens often go to court out of curiosity or professional interest.
In open sessions, those present have the opportunity to record the course of the hearing, in particular, keep audio, video recording, make written notes, drawings, etc. Sometimes such actions interfere with legal proceedings. To restrict the fixation of sessions, 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. Usually the courts refer to an obstacle to an objective examination of evidence, a threat to the safety of the participants in the process, violation of their rights and legitimate interests. The use of technical means can create noise or other interference with the normal course of the process. This, too, sometimes figures in the grounds for establishing restrictions.
For the court to establish prohibitions or restrictions, a participant in the process may file a corresponding motion. But the final decision is up to the court. Quite often, judges do this in order not to create a stir due to the influx of visitors and journalists on high-profile cases. In this case, such persons are simply not allowed into the hall where the hearing is taking place, with the reference to interfering with the normal proceedings and the calm examination of the evidence.
In general, closed sessions are considered a last resort. They are carried out infrequently. Mainly in criminal cases of sexual crimes, murders with special cruelty, etc., as well as in almost all cases related to state secrets.
Publicity as one of essential principles legal proceedings are 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 the hearing of cases in a closed court session is allowed in cases stipulated by federal law. The openness of the trial implies 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 publicity, on the one hand, the educational and preventive impact of the criminal process is ensured, and on the other hand, public control is established over the course and results of the consideration of criminal cases by the court.
In accordance with paragraph 5 of part 2 of Art. 231 of the Code of Criminal Procedure of the Russian Federation, the decision to hear the case in closed court session can be made either at the appointment of a court session, or directly during the trial. At the same time, both the entire court session and its separate part can be declared closed. On holding a hearing of a criminal case in a closed session, the court (judge) issues a reasoned ruling (decision), which must indicate the specific factual circumstances on the basis of which the court made this decision.
Such circumstances may include information constituting state or other secrets 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 psycho-traumatic impact of the trial on the psyche of a minor and to ensure his independence when giving testimony, the law allows closed-door proceedings in cases of crimes committed by persons under 16 years of age.
The question of holding a closed session when considering cases of crimes in the field of sexual inviolability and sexual freedom of the individual, as well as crimes affecting the honor and dignity of the person, is decided primarily on the basis of the interests of the victim, to whom a public hearing of the case may cause unnecessary mental 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 a person's private life without his consent is not allowed (part 1 of article 24 of the Constitution of the Russian Federation).
Photographs, audio and video recordings and filming of the trial are important means of ensuring transparency in criminal proceedings, which can make the course and results of the trial available to large numbers of people.
A closed court session is a prerequisite research in a court session of information captured in photographs, in audio and video recordings, filming, if they are of a personal nature. In this case, it does not matter whether the corresponding 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, media representatives, like all other persons present at an open court session, are given the right to record the course of the court proceedings in writing (for example, to keep a written record and a transcript of the session, make drawings, etc.), as well as by audio recording.
The court (judge) of any instance has the right to prohibit fixing the process by these methods if this disrupts the normal course of the proceedings (excessively loud noise of the used technical means, bright, distracting or annoying light). A similar prohibition may follow if photographing or video recording, filming creates obstacles to an objective study of evidence, 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, who ensures order in the courtroom, is obliged to take measures to exclude the presence in the courtroom of persons under 16 years old, taking into account the possible negative impact research of specific circumstances of the case on the formation of the psyche of minors.
Despite the hearing of the criminal case in a closed court session, the pronouncement of the verdict must take place in an open court session. At the same time, in order to prevent the disclosure of information constituting a secret protected by law, the law permits the announcement of only the introductory and operative parts of the verdict (or other final decision on the case).
ST 241 of the Criminal Procedure Code of the Russian Federation
1. Proceedings of criminal cases in all courts shall be open, except for the cases provided for in this article.
2. A closed trial is allowed on the basis of a ruling or a court order in cases where:
1) the trial of a criminal case in court may lead to the disclosure of state or other secrets protected by federal law;
2) criminal cases on crimes committed by persons under the age of sixteen are considered;
3) consideration of criminal cases on crimes against sexual inviolability and sexual freedom of the individual and other crimes may lead to the disclosure of information about the intimate aspects of the life of participants in criminal proceedings or information that humiliates their honor and dignity;
4) it is required by the interests of ensuring the safety of the participants in the proceedings, their close relatives, relatives or close persons.
2.1. The ruling or ruling of the court to conduct a closed proceeding must indicate the specific, factual circumstances on the basis of which the court made this decision.
3. A criminal case is considered in a closed court session in compliance with all norms of criminal proceedings. A court ruling or ruling on the consideration of a criminal case in a closed court session may be made in relation to the entire trial or its corresponding part.
4. Correspondence, recording of telephone and other conversations, telegraphic, postal and other messages of persons may be announced in an open court session only with their consent. V otherwise these materials are announced and examined in a closed court session. These requirements also apply in the study of photographic materials, audio and (or) video recordings, filming, which are of a personal nature.
5. Persons attending an open court session shall have the right to make audio and written recordings. Photographing, video recording and (or) filming, as well as broadcasting of an open court session on radio, television or in the information and telecommunication network "Internet" is allowed with the permission of the presiding judge. Broadcast of the open court session at the stage pre-trial proceedings on radio, television or in the information and telecommunication network "Internet" is not allowed.
6. A person under the age of sixteen, if he is not a participant in criminal proceedings, is admitted to the courtroom with the permission of the presiding judge.
6.1. The defendant participates in the court session directly. In exceptional cases, in order to ensure the safety of participants in criminal proceedings, the court has the right when considering criminal cases of crimes, provided for in Articles 205 - 206, 208, part four of Article 211, part one of Article 212, Articles 275, 276, 279 and 281 of the Criminal Code of the Russian Federation, at the request of either party, make a decision on participation in the hearing of the defendant in custody by using the systems video conferencing.
7. The verdict of the court shall be pronounced in an open court session. In the case of a criminal case being considered in a closed court session or in the case of a criminal case on crimes in the field of economic activity, as well as on the crimes provided for in Articles 205 - 206, 208, part four of Article 211, part one of Article 212, Articles 275, 276, 279 and 281 of the Criminal Code of the Russian Federation, on the basis of a ruling or a court order, only the introductory and operative parts can be announced sentence.
Commentary on Article 241 of the Code of Criminal Procedure
1. Proceedings of criminal cases in all courts are open. This provision applies both to the consideration of a criminal case in the court of first instance, and to legal proceedings in appellate instance, as well as in criminal proceedings, the verdict and decision on which entered into legal force... An open trial of criminal cases provides an opportunity for citizens to be present in the courtroom, to follow the course of the trial, which creates great opportunities for the implementation of the tasks of criminal proceedings (see commentary to Article 6).
2. From general rule on open criminal proceedings, the law makes four exceptions, allowing for the possibility of a closed trial.
First, a closed trial is allowed in the case when the investigation of the circumstances of a criminal case may lead to the disclosure of information constituting a state secret, or to the disclosure of another secret protected by federal law (banking, commercial, family, etc.).
Secondly, such a decision can be made when considering criminal cases on crimes committed by persons under the age of sixteen. This is due to the need to take into account the age characteristics of the person involved in criminal liability, and the desire to create more favorable opportunities to ensure a comprehensive, complete and objective study of all the circumstances of the criminal case under consideration (see the commentary to Articles 420-432).
Thirdly, this is allowed when the consideration of criminal cases on crimes against sexual inviolability and sexual freedom of the individual and other crimes may lead to the disclosure of information about the intimate aspects of the life of participants in criminal proceedings or information that humiliates their honor and dignity. V in this case The law seeks to create conditions for the implementation of one of the principles of criminal proceedings - respect for the honor and dignity of the individual (see commentary to Art. 9), as well as to take into account the requirements of moral standards.
The fourth reason is the cases when it is required by the interests of ensuring the safety of the participants in the proceedings, as well as their close relatives, relatives and close persons (see the commentary to Art. 5). This provision of the law is aimed at implementing the principle of ensuring the protection of human and civil rights and freedoms in criminal proceedings, which requires the court in the event of a threat to these persons with murder, violence, destruction or damage to their property or other dangerous wrongful acts take security measures within the limits of their competence (see commentary to Art. 11).
3. The law does not allow any simplifications of the procedure for considering a criminal case in a closed court session, especially emphasizing that the case in these cases is considered in compliance with all norms of criminal proceedings.
4. Depending on the specific situation, a decision to consider a criminal case in a closed court session may be made in relation to the entire trial or a certain part of it (for example, only in relation to judicial investigation; only in relation to the production of expertise and investigation of the circumstances associated with information constituting a state secret, etc.). O the decision to consider a criminal case in a closed court session, the court shall issue a ruling, and the judge shall issue a ruling.
5. In a closed court session, correspondence, recording of telephone and other conversations, telegraphic, postal and other messages are also examined. These materials can be read out in open court only with the consent of the persons involved in these messages.
6. The law establishes the same requirements for research in court proceedings of photographing materials, audio recordings, video recordings and filming, which are of a personal nature.
7. In open court sessions, the persons present in the courtroom have the right to keep a written record. If any of those present has an intention to take photographs, video recordings, audio recordings, filming, he is obliged to coordinate these issues with the presiding judge in the criminal case. The law obliges the presiding judge in a criminal case to find out the opinion of the parties upon the request, and if the parties agree, and also if this does not create obstacles to the conduct of the trial, photography, video filming, audio recording or filming is allowed. This fact is reflected in the minutes of the court session.
8. Since the trial is connected with a direct investigation of all the circumstances of the commission of the crime, the law specifically restricts the admission to the courtroom of persons under the age of sixteen. If such a person is not a participant in the criminal proceedings, he may be admitted to the courtroom only with the permission of the presiding judge. The presence of such persons recognized as participants in the proceedings is necessary to ensure their rights in criminal proceedings. An exception to this rule is allowed only in certain cases (see the commentary to Articles 280, 429).
9. The verdict of the court shall be pronounced in an open court session. However, if the criminal case was considered in a closed court session or criminal cases were considered about crimes in the field of economic activity, as well as crimes under Art. Art. 205 - 206, 208, part 4 of Art. 211, part 1 of Art. 212, art. Art. 275, 276, 279 and 281 of the Criminal Code of the Russian Federation, it is allowed to announce only the introductory and operative parts of the verdict. This can be done on the basis of a judge's ruling or a court ruling, taking into account the assessment of the specific circumstances of the criminal case. This circumstance should be reflected in the minutes of the court session.