The concept and content of the secret of the deliberation room in criminal proceedings

The purpose of this article is to determine the content of the secret of the deliberation room. For this purpose, the law enforcement practice and positions of the Constitutional Court of the Russian Federation are analyzed, according to which leaving the deliberation room for rest and making procedural decisions, the performance of procedural actions does not always in itself indicating a violation of the secrecy of the co-broadcasting room and entails a cancellation of a sentence or other court decision. The secrecy of the deliberation of judges is considered from the point of view of guaranteeing the independence of judges and the means of ensuring the freedom of formation of the inner conviction of the judge when passing a sentence. This article will be useful to scientists, can be used in law enforcement practice when assessing the materiality of violation of the secrecy of the deliberations of judges as a basis for overturning a sentence or other court decision. The conclusions are drawn that the very possibility of taking actions and making decisions on other cases does not indicate a violation of the secret of the deliberation room in its cognitive aspect and does not indicate that the factual circumstances of one case have mixed in the mind of the judge with the actual circumstances of another matter. However, the situation of consideration, investigation of the circumstances in another case while the judge is in the deliberation room should be the subject of an assessment by the higher in-station before which the parties raised the issue of canceling the sentence due to violation of the secrecy of the deliberation room. Of course, if violations of the confidentiality of the deliberation room are established by intrusion of information and the influence of unauthorized persons on the judge's decision while the judge is in the deliberation room, which influenced the judge's objectivity, impartiality and impartiality, the sentence or other decision must be canceled by a higher court. In the light of the decisions of the Constitutional Court of the Russian Federation, the subject of which was Art. 298 of the Code of Criminal Procedure of the Russian Federation, it should be concluded that the secrecy of the deliberation room covers the procedure for making a court decision, in which the possibility of intrusion of outside information that affects the inner conviction of the judge and casts doubt on the objectivity, impartiality and prejudice of the judge during his stay in the deliberative room is excluded.