Theoretical and practical aspects: deliberation, drawing and pronouncing of judicial decisions in criminal matters

In the case of decisions rendered on the merits of the case, it is necessary to draft the decision before its delivery, and with regard to other decisions rendered by criminal courts, the result of the deliberation of the court or, as the case may be, of the judge, regardless of the judicial function he exercises, is recorded in a minute. During the deliberation phase, a judge cannot be replaced, regardless of the reasons for such replacement. The judge who closed the debates, remaining in the decision on the merits of the criminal action, is not obliged to take part in the deliberations, to draft and pronounce the decision in the event that, after the closing of the debates, he was transferred, delegated, seconded or, as the case may be, effectively promoted to a higher court, since he is no longer a judge of that court. The criminal decision, whether final or non-final, is compulsorily communicated to the prosecutor, the parties, the injured person and, if the defendant is arrested - to the administration of the place of detention. If the court has ordered the postponement of the application of the sentence or the suspension of the execution of the sentence under supervision, the decision is compulsorily communicated to the probation service and, as the case may be, to the body or authority competent to verify compliance with the obligations ordered by the court.