Legal encyclopedia. Letter C

JURY TRIAL.

In Russia, SP was first introduced by the Criminal Procedure Code of 1864

The procedure for the production in SP of criminal cases is determined by the CCP RF.

SP considers on the petition of the accused the cases, referred to the jurisdiction of the regional, regional, city court.

The procedure for compiling lists of persons who may be jurors is determined by the Law on the Judiciary of the Russian Federation and the Code of Criminal Procedure of the Russian Federation.

Jurors are citizens of the Russian Federation included in the list of jurors and called in accordance with the procedure established by law to participate in the trial of a particular case.

The list of jurors does not include persons:

1) those who were not included in the lists of voters or citizens entitled to participate in the referendum to the lists of jurors who preceded the compilation of lists or to the popular vote;

1. Not having reached the age of 25 at the time of compiling the list of jurors;
2. Having an unexpunged or outstanding conviction;
3. Recognized by the court incompetent or limited by the court in capacity.

To ensure the universality and objectivity, impartiality of persons included in the list of jurors, the Criminal Procedure Code establishes a special procedure for selecting jurors, declaring them motivated and unmotivated offenses.

Jurors, selected to the jury, take the oath. They constitute an independent judiciary and are judges of fact, i.e. They decide on the basis of the judicial investigation taking place in their presence and with their participation. Jurors can ask questions to persons who give evidence in court, examine material evidence, get acquainted with the documents. In the question sheet, 4 main questions are put before them, to which they must answer:

1) whether it is proved that the relevant act took place;

1. Is it proved that this act was committed by the defendant;
2. Whether the defendant is guilty of committing this act;

4) Other issues, depending on

Specific case.

The decision of the jury is called a verdict.

Jurors in discussing the issues before them should strive for a unanimous decision.

All legal issues arising in the course of the trial, as well as the decision on the qualification of the crime and the degree of punishment based on the verdict handed down by the jury, are decided solely by the judge, while the jurors are removed to a special room.

There are a number of peculiarities in the trial of a jury trial: there is a study of the evidence of the guilt or innocence of the defendant and the circumstances that may serve as a basis for raising the question of indulgence to the defendant, if he is found guilty, on these issues the parties express their opinion.

Then followed by staging

Presiding questions to the jury, his admonitory word and jury verdict.

In the second part of the trial, the judge, with the participation of the parties, examines the legal consequences of the verdict, hears the opinions of the parties on the qualification of the crime, the penalties and other legal issues, and then, on the basis of the verdict of the jury, passes a verdict.

The judge has the right to issue a resolution on

The dissolution of the jury and the direction

Cases for another consideration in a different composition in

Case where, in the opinion of

Presiding, there are legitimate grounds for acquittal, despite the guilty verdict of the jury.

A verdict rendered by a jury trial court is not subject to appeal, in cassation the verdict can be revoked only if significant procedural violations are established and the criminal law is not applied correctly.