Chapter 10
COURT PROCEDURE IN COUNTY COURTS

Division 6
Making of Court Judgment

§ 306. Issues to be adjudicated upon making of court judgment and signing of court judgment

(1) When making a court judgment, the court shall adjudicate the following issues :

1) whether the act of which the accused is accused occurred ;
2) whether the act was committed by the accused ;
3) whether the act is a criminal offence and on which section, subsection and clause of the Penal Code the legal assessment of the act shall be based ;
4) whether the accused is guilty of the commission of the criminal offence ;
5) whether mitigating or aggravating circumstances exist ;
6) the punishment to be imposed on the accused ;
6 1) whether commutation shall be granted due to exceeding of the reasonable time of proceedings ;
[RT I, 23.02.2011, 1 - entry into force 01.09.2011]
7) whether the accused is to be released from punishment or whether a substitutive punishment is to be imposed ;
7 1) whether detention after service of the sentence shall be applied with regard to the accused if the circumstances which constitute the basis for detention after service of the sentence are indicated in the statement of charges ;
[RT I 2009, 39, 261 - entry into force 24.07.2009]
8) whether the accused who is a minor is to be punished for the criminal offence committed or whether non-punitive sanctions are to be applied against him or her ;
9) whether new preventive measures are to be chosen or the valid preventive measure is to be maintained, altered or annulled in the case of conviction ;
10) the measures to be applied with regard to the minor children of the accused who are left unsupervised, and to his or her property, if he or she is convicted and sentenced to imprisonment ;
11) whether and to which extent to satisfy the civil action or compensate for the damage caused by the criminal offence ;
12) whether it is necessary to apply measures to secure the civil action ;
13) how to proceed with regard to physical evidence and other objects taken over, seized or subject to confiscation in the criminal procedure ;
[RT I 2007, 2, 7 - entry into force 01.02.2007]
14) the expenses relating to the criminal proceeding and the person who is to bear the expenses.

(2) The issues listed in subsection (1) of this section shall be adjudicated separately with respect to each of the accused and each criminal offence.

(3) After adjudication of the issues listed in subsection (1) of this section, a court judgment or the conclusion thereof shall be prepared and all the members of the court panel shall sign the judgment. The assistance of a court official may be used in the formalisation of a court judgment.

(4) A judge who maintains a minority position shall submit his or her dissenting opinion in writing and the opinion shall be included in the file but shall not be disclosed upon the pronouncement of the court judgment.

(5) After signing a court judgment, a court may, on its own initiative or at the request of a party to the court proceeding, correct spelling or calculation mistakes or obvious inaccuracies in the court judgment if such corrections do not affect the content of the judgment. The mistakes shall be corrected by a ruling the copy of which is sent to persons to whom a copy of the judgment containing mistakes was issued.

Article 76
Sentencing
1. In the event of a conviction, the Trial Chamber shall consider the appropriate sentence to be imposed and shall take into account the evidence presented and submissions made during the trial that are relevant to the sentence.
2. Except where article 65 applies and before the completion of the trial, the Trial Chamber may on its own motion and shall, at the request of the Prosecutor or the accused, hold a further hearing to hear any additional evidence or submissions relevant to the sentence, in accordance with the Rules of Procedure and Evidence.
3. Where paragraph 2 applies, any representations under article 75 shall be heard during the further hearing referred to in paragraph 2 and, if necessary, during any additional hearing.
4. The sentence shall be pronounced in public and, wherever possible, in the presence of the accused.