SPECIAL PART
SECTION 9. PROCEEDINGS IN FIRST INSTANCE COURT
CHAPTER 45. ADOPTING THE VERDICT
Article 360. Issues subject to resolution by court, when adopting the verdict
When adopting the verdict the court resolves the following issues in the following order: whether the deed of which the defendant is accused is proved;
whether this deed corresponds to the norms specified in the Special Part; whether it is proved that the defendant committed that deed;
whether the guilt of the defendant is proved in committing this crime; if yes, then by what article and part, paragraph of the Penal Code it is specified;
whether it is proved that there are extenuating or aggravating circumstances; whether the defendant is liable to punishment for the committed crime;
what punishment must be given specifically to the defendant;
whether the defendant must undergo the punishment;
the type of correction or disciplinary institution, with the appropriate regime, where the defendant must undergo his punishment in form of imprisonment;
whether the civil claim is liable to satisfaction, in whose favor and to what extent, whether the property damage inflicted is liable to compensation, if no civil claim was submitted; whether the compensation for damage inflicted to property by the crime or the possible seizure of property will be lifted;
what to do with exhibits;
whether the means of securing appearance will be eliminated, alternated or a means of securing appearance will be selected (what kind of means);
who and in what amount will pay the court costs;
whether enforced medical treatment for alcoholism or drug addiction must be applied to the defendant who has been convicted for the crime, whether wardship must be appointed.
When accusing the defendant of several crimes, the court resolves the issues indicated in paragraphs 1-9 of the first part of this Article separately for each crime.
In case of several defendants all issues indicated in the paragraphs of the first part of this Article are resolved in relation to each defendant separately.
Sentencing - national proceedings
Determination of sentence - national proceedings
EDIT.