“Judges are the toughest in this hierarchy.” Former judge – about work and privileges in the system

– “Russian court, the most humane court in the world” – does this fit our judicial system?

“This isn’t about humanity, it’s about justice. This phrase, which comes from a comedy movie, is wrong on its own. For example, if we are talking about a criminal case, the punishment must be fair – it must be legal, appropriate to the personality of the defendant, the weight of the deed. Humanity against criminals is not a little bit about the court.

Were there requests to deliberately take sides for a reward? Or selfless pleas for help?

– He was different. All people, everyone knows and cares about someone. So they came and asked for help. Money was also offered – not without it.

– Does the moral aspect often play a role in the work of a judge?

– Exactly. For example, it is most unpleasant when you realize that inside you have been lied to. Even the person himself may seem disgusting to you.

It was a discovery for me: the more wrong the participant is, the more he “breaks”, the more he shouts and demands something. He would have stood silently and begged for forgiveness, but he barely walked around with his right, especially demanding something from the court, writing complaints. I wanted to take a hammer and hit them on the head.

People who have been offended many times but are right in their job never go and demand, they always wait. Behave right in the process.

– If the accused is rude, shouting and insulting – does this affect your decision?

– Yes like that. There are many cases where judicial discretion, that is, the sum of the judge’s views at every point in the process, is applied. There are situations where this can be done. If by law you cannot pay attention to it, then no matter how he shouted it, it will not affect the decision.

But there are times when a person is so unpleasant that your thoughts are working towards how to dominate him, using every opportunity. On the contrary, if you see that the accused is not innocent on the evidence and he is right, you are trying to help him.

There are different situations where the judge can steer the process in the right direction: put the questions correctly, demand additional evidence.

– What was the most unpleasant thing in practice?

– There are cases when it is clear to the judge that everything is different – not as either side says. Then you only need to make a decision based on the attached evidence.

I had a case when a person was given a large sum of money to buy an apartment. He took the money and left. But alas, I woke up already in the hospital and without a penny in my pocket. They asked him to return the money.

It was clear to me that something had happened, the man was in trouble and did not reserve the funds for himself. He made the impression of a completely good person, defended by an experienced and honest lawyer. But according to the invoice and the evidence, he had to return the money he received. I had to make this decision. They approached me, they wanted the other side – the process took too long. The thing was so ugly.

— How often do you personally communicate with prosecutors, investigators and lawyers? To what extent does the work process and punishment depend on the relationship with those involved?

– Everything was always discussed with the prosecutor, including personally, not with lawyers. The state prosecutor calmly came to our office, asked our opinion on the case, and only then voiced his opinion. You can listen to the prosecutor, but the judge’s opinion will still be decisive, otherwise the principle of independence will be violated.

– Why is the defendant given the final word and does it affect anything?

– The final word is this stage of the judicial investigation, after which the court makes a decision. The defendant should have the last word, because everyone has already said everything and they have no right to say more. And for the defendant, this is the last chance to answer everything that happened during the meeting. Thus, the accused, having thought and listened to everything, can say the words to the judge with which he will go to the deliberation room. This is the soul’s final cry to persuade the court and influence its decision.

– Do the programs on the NTV channel – for example, “The Court is Coming” and “Trial by the Jury” – reflect the real case? Or is it more of an unfortunate parody?

– A show in court session format only. I remember such a case when a woman came to us and said: “Are you a judge, here is Pasha Astakhov. (Show “Judgment Hour”) dominates. Well, dressed in dresses, the plaintiff and the defendant speak – the format of the verdict. Like any show, this one is far from real legal action.

– Almost every crime drama has a series about the kidnapping or murder of judges. How often do they influence judges in this way?

– This is a myth – very dangerous for criminals. For example, if the crime boss threatens the judges, what will it look like? In the 90s, perhaps this was the case – then the state was exhausted, and the influence of the “authorities”. This hasn’t happened for a long time.

– If you’re running a high-profile case, can they deploy guards and send you to live in a safe house?

Yes, guards can be appointed. As a rule, the place where the judge lives is preserved. I’ve never heard of a safe house. But they can, if necessary, for example, in case of threat and danger.

– Is immunity only valid for the judge or their relatives?

– According to the regulations, immunity applies to the judge’s residence and all members of his family living there.

– If a crime is committed against a judge relative, is this a long-term guarantee?

– The outcome is up to the judge: for example, if a crime is committed against a child and the trial judge also has a child and will impose this situation on himself, he will give a longer period. In this respect, the judge is no different from ordinary people.

The judge cannot decide on the offender of a relative – he is immediately excluded from the consideration of the case. Moreover, even their colleagues can be challenged, and most likely the case will be heard in another court – otherwise this is a violation of the principle of independence.

It also happens the opposite. Somehow a car was stolen from a colleague – the case was considered by a judge from a neighboring district, who gave the culprit a short time only for fighting with the victim.

– Is it okay for judges to drink during a long trial? Is it controlled?

No, it is not checked. Sometimes, when there was hard work and a lot of stress, a few glasses of cognac could be had. However, the clarity of thought must be preserved unconditionally.

Let’s come to the immunity of the judiciary. For example, did you use the situation when the traffic cops stopped you?

– It was. All judges actively exercise their privileges. In addition, law enforcement officers have the right to impose penalties, but they send a protocol to the workplace in this regard. And it is not known what is worse for them – to let go or punish.

Judges are the coolest people in this hierarchy. The principle of immunity is enshrined in the Constitution. Judgment is separate from everyone.

– What is the salary of judges – what does it depend on and what is the ceiling?

– Judges of the peace receive about 60 thousand rubles, federal judges receive more – more than 100 thousand rubles. The salary depends on the length of service, the number of judges in a particular court – there is a bonus fund. If the state is not filled, an extra is paid. Qualification class also affects academic rank.

– Then why are there always only expensive cars in the courts?

So here are the lawyers.

Why did you leave refereeing?

– The contract ended and there were disagreements with the higher authorities. So I wanted to try myself as the other side of the process – a lawyer. And you know, I’ve done that quite successfully.

Irina Krylova from Moscow has been a federal judge for over seven years. In an interview with socialbites.ca, he talked about how the behavior of the accused could affect the decision, how much the judges earned and when they exercised their immunity, whether you could drink alcohol at the hearings and why the last word was given to the accused.



Source: Gazeta

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