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Mandatory jury. Who are the jury. Choosing a jury

2) represents the parties;

3) reports what criminal case is subject to consideration;

4) reports what is the estimated duration of the trial;

5) explains the tasks facing the jury and the conditions for their participation in the consideration of this criminal case provided for by this Code.

3. Presidency explains to candidates for the jury members of their obligation to truthfully respond to the questions asked them, as well as to submit the necessary information about themselves and on relationships with other participants in criminal proceedings. After that, the presiding party pollues candidates for the jury on the presence of circumstances impeding their participation as jurors in the consideration of the criminal case.

4. Each of the candidates for the jury members who were at the court hearing are entitled to point out the reasons for the reasons to fulfill their jury duties, as well as to declare a self-degree.

5. According to the impossibility of participation in the jury, the opinion of the parties is heard on the impossibility of participation in the trial, after which the judge decides.

6. Candidates for jury assessors, whose petitions about exemption from participation in the criminal case are satisfied, are excluded from the preliminary list and removed from the hall court session.

7. After satisfying the self-secrets of candidates for the jury, the presiding party proposes to the parties to take advantage of their right to motivated removal.

8. Presidency provides parties with the opportunity to ask each of the remaining candidates for jurors, issues related to the clarification of the circumstances that prevent the participation of the person as a jury in the consideration of the criminal case. Act other questions is not allowed, they are subject to rejection presiding. The first conducts a survey of candidates for the jury aspects of protection. If the side represents several participants, the order of their participation in the survey produced by the Party is established by agreement between them.

9. After completing the survey of candidates for jury, there is a discussion of each candidate in the sequence, a certain list of candidates. The chairperson responds to the parties, whether they have tires in connection with the circumstances that prevent the participation of the person as a jury in the consideration of the criminal case.

10. The parties transmit the presiding missing written petitions on the discharges that do not exercise them. These petitions are permitted by the judge without removing the accommodation room. The designated candidates for jury meetings are excluded from the preliminary list.

11. Chairmanship brings its decision on motivated outlands to the attention of the parties. He can also bring his decision to the attention of candidates for jury.

12. If, as a result of the satisfaction of the declared self-secrets and motivated discharges, less twelve candidates left for the jury members of the Supreme Court of the Republic, the regional or regional court, the city court federal significance, Autonomous Region, Court autonomous District, District (Fleet) of the Military Court and less than ten candidates for jury district Court, a garrison military court, presiding for the measures provided for by part of the third article 327 of this Code. If the number of remaining candidates for jury meetings is twelve and more in the Supreme Court of the Republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, the district (naval) military court and ten and more in the district court, the garrison military Court, presiding the parties to declare unmotivated taps.

(see text in the previous edition)

13. Unmotivated taps of jurors are declared those specified in paragraph 2 of part of the fifth of Article 327 of this Code, by drawing out from the named prior list of the named candidate of the jury, after which these lists are transmitted to the presiding hassiness without announcement of the names of allial jurors. These lists, as well as motivated petitions on the discharge of jury meetings, are involved in the materials of the criminal case.

(see text in the previous edition)

14. Unmotivated discharge first states the public prosecutor, who coordinates its position on the discretions with other participants in the criminal proceedings by the accusation.

15. If a few defendants are involved in the criminal case, then the unmotivated discharge is made by their mutual agreement, and in case of disadvantage of consent, by dividing the number of assigned jurors between them, if possible. If such a separation is impossible, then the defendants implement their right to unmotivated discharge by most votes or by lot.

16. If the number of unequivocal jury meetings allows, presiding the right to provide each of the parties to one additional unmotivated removal.

(see text in the previous edition)

17. After solving all the issues of self-secretions and the discretions of candidates for jury, the Secretary of the court session or the assistant judge on the instructions of the presiding committee constitutes a list of remaining candidates for jurors in the sequence in which they were included in the initial list.

18. If the number of unanswered candidates for jury meetings exceeds ten in the Supreme Court of the Republic, the regional court, the court of the city of federal significance, the court of the autonomous region, the court of autonomous district, the district (naval) military court and eight in the district court, the garrison military court, The minutes of the court session on the instructions of the presiding party are included, respectively, ten and eight first on the list of candidates. Taking into account the nature and complexity of the criminal case, a larger number of spare attirers, who are also included in the minutes of the court session, may be elected to solve the presiding party.

(see text in the previous edition)

19. After that, the chairperson announces the results of the selection, without pointing out the grounds for exclusion from the list of certain candidates for jurors, thanks the other candidates for jury.

20. If the remaining candidates for jury meetings will be less than ten in the Supreme Court of the Republic, the regional or regional court, the court of the city of federal significance, the court of the autonomous region, the court of the autonomous district, the district (naval) military court and less than eight in the district court, the garrison military court The required number of persons is called to court additionally on the reserve list. With respect to new candidates, questions about their release from participation in the consideration of criminal proceedings and discharges are resolved in the manner established by this article.

(see text in the previous edition)

21. The chairperson announces the names, the names and patronymic of the jury, listed in the minutes of the court session. At the same time, the first on the list of eight jury meetings of the Supreme Court of the Republic, the regional or regional court, the court of the city of the federal value, the court of the autonomous region, the court of the autonomous district, the district (naval) of the Military Court and the first on the list of six jurors of the district court, the garrison military court form A college of jury assessors in the relevant criminal case, and the last two jury meets of the relevant court participate in the consideration of the criminal case as spare jury.

(see text in the previous edition)

22. Upon completion of the formation of the board of the jury, the chairperson offers eight jury meetings of the Supreme Court of the Republic, the regional or regional court, the court of the city of the Federal Region, the Court of Autonomous Region, the court of the Autonomous Okrug, the District (Flot) of the Military Court or six jury meetings of the district court, the garrison military Ships to take the place allocated to them on the bench of jury, which should be separated from the court hearing those present in the hall and is located, as a rule, opposite the defendants. Spare jury meetings occupy on the bench of jury assessors of the place specifically allocated for them by the presidency.

(see text in the previous edition)

23. The formation of the Board of the jury is made in a closed court session.

24. If the materials of the criminal case contains information constituting a state or other secretly protected by the federal law, then the jury is selected a subscription to its non-disclosure. The jury, who refused to give such a subscription, is given to the presiding party and is replaced by a spare jury.

One of the main directions of reform judicial system In Russia, which started in 1991, is the return of the practice of the jury. Revival of this Institute of Justice in legist system Countries were accompanied by problems associated with the organization of legal proceedings and issues of the legality of the verdicts made by the first truly popular judges.

In this article, we will look at what is the court of jury and who these are the most assessors. But for a start does not prevent a bit of history.

Jury in Russia

The court of jurors originated in Ancient Rome In the II-I century BC, where he was known as Kesti (Court of Standing Commissions). The Foreigners of the Romans became the British, who used a similar type of justice in the XII-XV centuries., And after the French Revolution, he began to be widely used throughout Europe.

In Russia, the court with the participation of jurors appeared in the 1860s, with the arrival of bourgeois ideas to change feudal, and immediately became the foundation for judicial reform that time. But I could not exist for a long time. The Institute of Jury stopped its functioning in early 1918 due to the fact that revolutionary courts were more punitive than reasons.

Since 2004, the Russian Federation has been operating in the Russian Federation in the Russian Federation, which provides for the participation of Russian citizens as jurors in the exercise of justice. To date, approximately 15-20% of the accused of committing serious crimes trust their fate precisely this type of justice.

What is the jury court?

Legally in Russia, the jury court is one of the institutions of the existing judicial system, which consists of a board and one professional judge. The board is the jury assessors in the number of twelve citizens, specially selected by the random method exclusively for a particular case. Their competence includes only the solution of the issues of the fact and the announcement of its verdict. Permission of all legal issues, as well as the preparation and sentencing assigned to a professional judge. In other words, the jury meetings can only determine the guilt of the defendant unlawful actionAnd the judge determines it to be a sentence or frees him from responsibility.

What cases are considered by the courts of jury in Russia?

Not every business may be submitted to such justice. IN Russian Federation The participation of jury meetings is possible only in criminal proceedings. The list of articles of the Criminal Code of the Russian Federation is too large here. Here are just some of them:

  • murder (h. 2 tbsp. 105);
  • abduction of a person (part 3 of article 126);
  • rape (part 3 of article 131);
  • banditism (Art. 209);
  • hyon air, water vessel, railway composition (Art. 211);
  • encroachment on the life of the statesman (Art. 277);
  • receiving a bribe (part 3, 4th Art. 290);
  • encroachment on the life of the person who performs justice (Art. 295);
  • encroachment law enforcement agency (Art. 317);
  • feedback (Part 1, 2 Art. 359), etc.

Who are such jurors and for what criteria they are selected?

The lists of candidates for jury meetings are formed every four years with the highest executive bodies of each of the constituent entities of the Russian Federation. A candidate can be any capable citizen of Russia, which has reached 25 years, who does not have a criminal record (unmanned or outstanding), which is not attracted to liability for a crime at the time of selection, not consisting of dispensary accounting in a psychoneurological or drug treatment. In addition, he must own the language proceedings. All lists must be personally studied and approved by the governor.

Where does the consideration of the case begins?

Criminal cases with jury meetings can only be considered after submitting the accused of the appropriate application. It may be announced after the end of the pre-trial investigation and familiarization with its production materials. The petition is made in the form of a separate protocol. Having considered it, the judge makes a decree, which is final. In other words, the accused will no longer have the right to refuse to consider his jury by the court.

Production transmission occurs in a preliminary hearing, during which the defendant is obliged to confirm his petition, and the judge must select the desired number of candidates (at least 20 people). All this is reflected in the ruling, endowed at the end of the hearing.

Forming a preliminary list

The judge appoints a meeting to form the initial list of jurors. During it, candidates are selected from the main and spare lists of the method of accidental choice. If someone has lost the right to be such, it is excluded from the corresponding list.

In some cases, the Chairman of the Court or the Judge Chairman Chairmanly or the candidate's written statement may free it from participating in the process for the following reasons:

  • if the age of the candidate is over 60 years;
  • if the candidate is a woman who has children under three years;
  • if a candidate for religious considerations cannot participate in the implementation of justice;
  • if the candidate distraction from the main type of activity may entail harm to state (public) interests;
  • if the candidate has other valid reasons.

The judge also has the right to free any jury, whose objective opinion is in doubt due to the presence of a biased attitude towards the case, accused, illegal pressure on him or his family, as well as his awareness in the case of various other sources of information.

Other participants in the process

Consideration of cases involving jurors occurs when obligatory participation:


Collegium formation

Before starting the selection of jury in the board, the presiding judge introduces candidates with the parties to the process, tells the essence of the case under consideration, explains to them the tasks and conditions for participation in the implementation of justice. Any participant in the process has the right to ask questions, including personal, candidates that can help identify circumstances impeding the honest process. Based on the responses received, any number of candidates may be excluded from lists by filing motivated taps.

Moreover, each of the parties to the process has the right to the unmotivated candidate discharge, that is, the exclusion of them without specifying any reason.

College's composition

Twelve candidates who were the first to have passed on the list after the taps are the main jury. The following two or more (depending on the complexity and nature of the case under consideration) are spare, each of which can replace any of the main, if one for any reason cannot participate in meetings.

The shaped board by voting in the deliberative room elects the elder, after which the presiding judge announces the text of the oath, accepting the jurors begin to fulfill their duties. In addition, the Chair explains to them that they are entitled to do during the process, and what is not.

Rules for the behavior of the jury

Board of jury meetings has the right:


The jury is not entitled:

  • communicate with persons who are not part of the court on topics related to the consideration of a specific case;
  • independently collect information on the case under consideration;
  • break the secret of voting, meetings;
  • leave the meeting room during the hearing of the case;
  • discussing the circumstances of the case, to express a personal opinion about him before discussing these issues when submitting verdict.

Judicial consequence

The investigation of the jury is beginning the introductory statements of the parties to the process, where they outlines their position, and also offer the procedure for familiarizing and considering the evidence submitted. Such statements do not bear the form of evidence, they are intended to explain the essence of the charges and the position of the accused towards it.

Next occurs interrogated witnesses accused and other participants in the process, consideration of the proof presented. The jury participate in establishing the circumstances of the case, and can also be asked to other participants in the meeting questions in writing, but not personally, but only through the presiding judge.

Judicial debate and replica

At the end judicial investigation Judicial debate begin. This process is evaluated in speeches and replicas established during the judicial consequences of the circumstances of the case. It resembles the collection of mosaic pattern from the smallest particles, and the chronology of providing evidence is unimportant.

The positions of the parties in the debate can differ significantly from each other and even from the actual picture. All this is explained by different positions of the parties to the process. The debate is completed by the provision of each participant the right to a replica. The lawyer and the defendant gives the right of the last word.

Main Questions for Jury

After the last word, the jury meetings are removed from the meeting room. At this time, the presiding judge is a list of issues subject to resolution. They are announced by the jury in the presence of an elder. Mandatory issues included in the question list in obligatoryare:

  • whether it has been proven that the unlawful act really took place;
  • whether it has been proven that this act committed the defendant;
  • whether the defendant is guilty of his commitment.

Turning word and meeting

I wrote questions, the judge takes the inferred word, in which the text of the charges, the content of the criminal law, reminds of evidence and established circumstances of the case. He also clarifies the jury of the meeting, reminds their rights and obligations. After that, the assessors go to the meeting at the advisory room. He is leading a foreman. If the meeting is needed in the process of obtaining additional informationThe assessors may return to them in the meeting room.

Verdict of jury and sentence

The process of meeting and voting occurs in the conditions of perfect mystery. At this time, the presence of unauthorized persons in the meeting room is not allowed. All jury are obliged to strive for the unanimous decision-making, but if this does not occur, the elder is made a decision on voting. It concerns responses to the questions indicated by the presiding judge. The jury do not have the right to refrain when voting.

All the answers of Starshin contributes to the question list and considers votes. After graduating from the vote, he signs a sheet and transmits it to the presiding. The verdict is proclaimed by the elder on the return of the board in the meeting room.

But this is not all, because justice is carried out by the presiding judge and jury together. The exclusive verdict, proclaimed by the elder, is obligatory for the judge, and it is obliged to make an exclusive sentence on its basis. But the official representative of the femis can and justify the accused, if he deems him innocent, even if his fault is confirmed by the jury.

In consideration of what criminal cases can the jury meetings?

In connection with the expansion of the application of the Institute of Jury, on 23 June 2016 by federal laws No. 190-FZ and No. 209 amended a number of articles of the Criminal Procedure Code of the Russian Federation and the federal law "On the jury meetings of federal courts general jurisdiction In Russian federation".

Accused of committing particularly grave crimes against the personality of criminal cases of crimes provided for in Part 2 of Art. 105, Art. 277, 317 and 357 of the Criminal Code of the Russian Federation, according to which, in accordance with the provisions of the Criminal Code of the Russian Federation, a life imprisonment or the most strict type of punishment cannot be appointed or the death penalty, as well as criminal cases of crimes provided for in Part 1 of Art. 105 and part 4 art. 111 of the Criminal Code, which relate to the jurisdiction of the district court and a garrison military court, granted the right to apply for the consideration of their business affairs in the judge of the district court, a garrison martial trial and six jury.

The number of candidates for jury assessors who are subject to challenge to the court session in the district, garrison military court should be at least twelve.

The changes affected and the procedure for considering criminal cases at the requests of the republics of the republics accused by the judges of the Supreme Courts, Edge, regional ships, courts of cities federal appointmentautonomous region, autonomous districts, District (Fleet) military vessels with the participation of jury, the number of which in the board is reduced to eight (earlier the board consisted of twelve jury meetings), while the number of candidates for jury meetings should be at least fourteen.

Also refined procedures for the formation of the Board of Jury, the procedure for the judicial investigation with the participation of jury, formulating the questionnaire and the content of the part-time word presision.

Changes come into force on June 1, 2017, with the exception some provisionsEventing from June 1, 2018.

Material provided

the prosecutor's office of the Moscow region

The Constitution of the Russian Federation consolidated the right of the accused grave crime Against the life for consideration by his case by the court with the participation of jurors. Since the beginning of the Renaissance in Russia, this form of legal proceedings about 20 percent of the accused annually declare petitions about the consideration of their affairs with the participation of jury.

Currently, the judgment of the jury is only a few of the most serious compositions of the crime, namely criminal cases of crimes stipulated by the articles of the Criminal Code of the Russian Federation [Code of Criminal Procedure, paragraph. 1 h. 3 of Art. 31]: 105 h. 2, 126 h. 3, 131 h. 3, 205, 206 h. 2 and 3, 208 h. 1, 209-211, 212 h. 1, 227, 263 h. 3, 267 hours . 3, 269 h. 3, 275-279, 281, 290 hours 3 and 4, 294-302, 303 hours 2 and 3, 304, 305, 317, 321 part 3, 322 Part 2, 353- -358, 359 Part 1 and 2, and 360.

After graduation preliminary investigation And familiarizing the accused with the materials of the criminal case, the investigator clarifies him the right to declare a petition for the case by the court with the participation of jury. But what court to choose - the usual or with the participation of jury - it should solve the prisoner himself, consulted, naturally, with his lawyer.

When considering the case with the participation of jurors, there are two features.

First It is that the jury justifies much more often than professional judges (if in ordinary courts the percentage of exclusive sentences does not exceed one, then in the courts with the participation of jury, depending on the region, it ranges from 10 to 20). True, the exclusive verdicts are very often canceled Supreme Court Russia.

Secondthe peculiarity is that if the jury is put out the indictment verdict, the verdict may be more severe than if he was delivered by professional judges.

The main differences of the jury of the ordinary court (with the participation of one judge or three professional judges) is separate coexistence in it "judges of law" (professional lawyers) and "judges of the fact" (a collegium of jury assessors, which is usually among those who are not lawyers).

Preparation of the case for consideration by its jury requires a number of issues with the obligatory participation of the Parties (the prosecutor, the defendant and his defender). For these purposes preliminary hearing always takes place in the form of a court session. The presence of the accused is necessarily, because during the preliminary hearing, he must confirm his desire to consider the case by the court of jury (or refuse him). It must be remembered that the preliminary hearing can take place if the accused is not a conviction, and there can be no more than three days from the date of delivery of the accused indictment.


In the preliminary hearing, the accused, as well as other participants, may be stated by petitions that are subject to resolving the judge. A feature of the preliminary hearing is the permission of petitions related to the recognition of certain evidence unacceptable.

If the court decided to exclude evidence, this proof loses legal force and cannot be based on a sentence or other judicial decision, as well as investigate and used during the trial. Parties or other participants in the court session are not entitled to inform the jurors of the existence of evidence excluded by the court decision.

According to the results of the preliminary hearing, one of the following decisions can be made:

  • on the exclusion of evidence recognized by unacceptable (during the further court session they are not considered);
  • on the direction of the criminal case on jurisdiction;
  • on the return of the criminal case to the prosecutor [Judge at the request of one of the parties or on his own initiative, the criminal case returns the prosecutor to eliminate the obstacles to the court in cases if: the indictment or indictment is drawn up with a violation of the Code requirements, which eliminates the possibility of making a sentence or other decision Based on the represented conviction or act; A copy of the indictment or indictment was not awarded to the accused, with the exception of the case when the accused refused to receive such a copy; There is a need to draw up an indictment or indictment in a criminal case, aimed at the court with a decree on the application of forced measure medical character; There are provided for articles 153 of the Code of Code of Foundation for the Connection of Criminal Affairs; When familiarizing the accused with the materials of the criminal case, he was not clarified by the rights provided for by Part 5 of Art. 217 Code of Criminal Procedure (the right of the accused to apply for the consideration of his criminal case by the court of jury, or a collegium consisting of three judges);
  • on suspension of criminal proceedings;
  • on termination of the criminal case;
  • on the appointment of the court session.

The decision of the judge on the consideration of the criminal case with the participation of jurors is final. The subsequent refusal of the defendant from the consideration of the criminal case in this composition of the court is not accepted.

After appointing a court session on the order of the presiding secretary of the court session or the assistant judge conducts selection of president candidates Of the total and spare annual courts in the court by random sample. The same person cannot participate during the year at court sessions as a jury more than once. The names of candidates are listed. The number of jury meetings should be at least twenty.

The parties to the process are eligible for a motivated discharge of jury. In addition, the defendant, his defender, the public prosecutor was granted the right to the unmotivated discharge of the jury, which may be declared by each participant twice.

The parties convey to the presiding committee motivated written taps that do not exercise them. These petitions are permitted by the presiding room without removal in the advisory room. The designated candidates for jury meetings are excluded from the preliminary list. Chairmanship brings its decision on motivated discharges to the attention of the parties, it can also bring his decision to the attention of candidates for jury.

Unmotivated taps of jurors are declared by crossing out the names of the candidates' names received, after which these lists are transferred to the presiding. The first unmotivated removal claims the public prosecutor.

The jury atrief is entitled to declare a self-segment. At the same time, he indicates the reasons that impede it to perform the duties of the jury.

The judge is obliged to dismiss the duties of the jury:

  • suspects or accused of committing crimes;
  • persons who do not speak the language on which proceedings are underway;
  • silent, deaf, blind and other persons who are disabled;
  • self-deeds, if the causes of the self-sufficiency impede the fulfillment of the responsibilities of the jury.

By candidates in the jury, those included in the composition of the board, information that could affect the decision on the case and deprived the part of the right to motivated or unmotivated removal, is the basis for the cancellation of the sentence.

The jury collegium may be dissolved in the event that in the process of consideration to the proclamation of the verdict for any reason, the presiding judge is disposed of. In this case, the court proceedings are recognized as invalid, and the presiding judge who accepted the case proceeds to the formation of the new board of jury.

The formation of the Board of the jury is produced in closed court hearing. The jury members who are part of the board, in an open voting, elected by a majority of the votes of the elder, who reports to the presiding party. A foreman leads the progress of the jury, on their instructions, appeals to the presiding responsibility with questions and requests, draws up the verdict, and on the instruction of the presiding party announces it at the court hearing. The jury meetings take the oath, which the mark is made in the minutes of the court session.

Participation of the defender In criminal proceedings, it is necessary if the criminal case is subject to consideration with the participation of jurors or the accused stated a petition for the criminal case by the court with the participation of jury. If there are several defendants in the case, they must all be provided with defenders, regardless of which of them as an article by the Criminal Code is accused. The rejection of the defender at any stage of production on cases considered by the Jury Court is not required for the investigator, the prosecutor, the judges. The absence of a defender accused is a significant violation of the criminal procedural law.

Criminal case in which participate several defendantsis considered by the court with the participation of jurors in respect of all defendants, if at least one of them stated a petition for the consideration of the criminal case by the court in this composition. At the same time, as noted in PPPs N 23, not all of such a group of defendants have the right to apply for the consideration of their jury by the court, but only those who are directly accused of at least one of the crimes listed in Part 3 of Art. 31 Code of Criminal Procedure.

In the presence of jurors not subject to research procedural solutions - Decree on the initiation of a criminal case, the decision to attract as an accused, as well as not to be discussed and permitting issues and petitions aimed at ensuring the conditions of trial, such as the forced drive of victims, witnesses, allotment of process participants, issues related to preventive measures , and other issues of law that are not within the competence of jury and capable of providing their prejudice against the defendant and other participants in the process. In addition, the announcement of the sentence is not allowed in another case for a previously convicted partner (accomplices). According to Article 74 of the Code of Criminal Procedure, such a sentence is not proof of the case under consideration and, in accordance with Article 90 of the Code of Criminal Procedure of the Russian Federation, cannot prove the guilt of the defendant.

The announcement of such a sentence is regarded as an illegal impact on jury assessors, which may affect their answers to the questions raised and, accordingly, entail the cancellation of the sentence. By virtue of Part 8 of Art. 335 Code of Criminal Procedure The personality of the defendant is investigated with the participation of jurors only to the extent that they are needed to establish individual signs of the composition of the crime, which he is accused. With the participation of jury assessors, the facts of the former criminal record, characteristics, certificates of health, are about marital status and other data capable of causing jury on the defendant are not investigated. The question of the accumulation of the defendant refers to the competence of the presiding judge and is allowed to them without the participation of jury.

Not all evidence can be examined in court with the participation of jurors. In accordance with Art. 235 and part 5 tbsp. 335 Code of Criminal Procedure The judge at the request of the parties or on his own initiative, both in the preliminary hearing and in the trial, excludes evidence from the criminal case, inadmissibility [to unacceptable evidence, according to part 2 of Art. 75 Code of Criminal Procedure:

In unacceptable evidence include:

1) the testimony of the suspect, the accused, data during the pre-trial production in the criminal case in the absence of a defender, including cases of refusal to defend, and not confirmed by suspects accused of court;

2) the testimony of the victim, a witness based on guesses, assumption, hearing, as well as the testimony of a witness who cannot indicate a source of his awareness;

3) other evidence obtained in violation of the requirements of the Code of Criminal Procedure] of which revealed during the specified stages trial.

According to Part 6 of Art. 335 of the Code of Criminal Procedure of the Russian Federation during the trial the issue of the admissibility of evidence is permitted in the absence of jury. If the study invalid evidence Nevertheless, the discussion of the issue of recognition of their non-legal force is made in the absence of jurors, followed by clarification of the substance of the decision taken. In addition, when pronouncing the part -ile word, the judge must draw the attention of jury assessors that their conclusions about the guilt of the defendant cannot be based on evidence recognized by unacceptable. Similar judge, the presiding judge must come and in the case when information is brought to the jury atrons, not related to the actual circumstances of the case, such as information on the conviction of the defendant, on the use of illegal investigation methods, etc.

It should be remembered that the debate of the Party In court jury have their own characteristics. They are divided into two stages. At the first stage (in the presence of jury), the speech of the parties are devoted to only those questions that must allow the jury, that is, the dispute is carried out only about the proof or non-nanity of the actual circumstances of the case. The dispute about the qualifications of the crime, about the specificity of the punishment, etc. continues only after the verdict is submitted.

After the end of the judicial consequence of the judge, according to the opinion of the parties formulates questionnairewhich includes issues to be resolved by jury. The question list is announced in the presence of jury meetings and is transferred by the senior jury.

For each of the acts in which the defendant is accused, there are three main questions:

  • it is proved by the fact that the act took place;
  • whether it has been proven that this act committed a defendant;
  • is the defendant in the commission of this act guilty.

Jury meetings release verdict In the deliberate room.

The accusatory verdict is considered adopted if the assistant answers to each of the three above issues voted the majority.

The exclusive verdict is considered accepted if for a negative response to any of the three questions voted at least six jury.

Answers to other issues are determined by a simple majority of swords of jury.

The senior jury proclaims the verdict in the courtroom.

After the proclamation of the verdict, the court session continues with the participation of the parties.

The acquittable verdict of the board of jury assessors is obligatory for the presiding and entails the decision of the acquittal. When a collegium of jury members of the verdict on the innocence of the defendant, the presiding chairs declares it justified, immediately relieves from custody in the courtroom. And only after that the court proceeds to discuss the consequences of the verdict.

The accusatory verdict of the joint assessment board is obligatory for the presiding officer in a criminal case, with the exception of the following cases: if the chairperson recognizes that the act of the defendant does not contain signs of a crime, or if the presiding judge decides that the prosecution verdict is submitted for innocent and there are sufficient grounds for the decision of the acquittal sentence due to that the event of a crime has not been established, or the participation of the defendant in committing a crime is not proven.

In the event of a prosecutor's verdict, the jury can ask for condescension For prisoner. If the jury recognized that the defendant deserves condescension, then this decision is mandatory for presiding when prescribing punishment. Presiding appoints a defendant more soft punishmentThan provided for by law for this crime (Art. 64 of the Criminal Code of the Russian Federation). The term or the amount of punishment may not exceed two thirds maximum period or the size of the most strict type of punishment provided for perfect crime. The death penalty or lifelong deprivation of liberty cannot be appointed.

The proceedings in the court of jury ends By the decision of the judge. According to the Code of Criminal Procedure, he makes one of the following decisions:

  • decree on the termination of a criminal case in cases provided for by Art. 254 Code of Criminal Procedure;
  • the exclusive sentence in the case when the jury collegium gave a negative response to at least one of the three questions listed in part 1 of Art. 339 of the Code of Criminal Procedure, or when the presiding judge recognized the absence in the act of signs of a crime;
  • conviction (with the appointment of punishment; without the appointment of punishment; with the appointment of punishment and liberation from it) in accordance with Articles 302, 307, 308 of the Code of Criminal Procedure;
  • the decision on the dissolution of the Board of Jury and on the direction of the case for a new consideration of the court in the case when, in the opinion of the presiding judge, there are provided for by the law to make an acquittal sentence, despite the indictment of the jury.

The verdict is declared the presiding judge alone in the deliberate room.

The jury meetings are simple people who are chosen from among the applicants with a special program. Their choice is carried out once every four years. At the same time, a person selected for this position must be all the processes where it was invited. The exceptions are situations when a citizen cannot visit the trial due to life circumstances.

Jury Court is the Institute of Judicial System, which allows to participate in the consideration of the case not only by the judge, but also to non-professional citizens.

Under the jury, the residents imply residents who are unprofessional judges who endure their decision based on the letter of the law and civil debt.

In some cases, the prevention of verdict is the group is the best solution. According to surveys, citizens are more trusted by a group than a judge, since it can have personal interests when making verdict.

Any citizen can get into the assessors. To do this, it is enough to show yourself from the best side, as well as demonstrate competence in making a decision regardless of the form of atrocities.

Court members are:

  • a judge who can give a professional assessment of the actions of the accused;
  • defender;
  • the prosecutor put forward by the state;
  • the assessors in the amount of 12 persons.

Attention! Of the 12 participating, one is older. It is he who conveys the information and decisions of other invited non-professional citizens to the judge. In addition, he will have to voice the verdict from the side of the assessors.

FZ about jury meetings

To date, the regulation of the procedure for participation is carried out with the help of Law No. 113. It also contains information about how much jury in court. Increasingly, you can find things in which the accused is a petition about the conduct of the proceedings in the presence of jury. At the same time, the trend of holding meetings is in such a format.

Who can be a juror

The assession can be any citizen who is suitable for the following requirements:

  1. Age from 25 years.
  2. Lack of outstanding convictions.
  3. Lack of observation fact of a psychologist or neurologist.
  4. A citizen of Russian Federation.
  5. Knowledge of the Russian language.
  6. Lack of physical disadvantages.
  7. Should not be a suspect or accused of any criminal or administrative business.

Often, in accordance with these requirements, a positive verdict is made. After a while, a citizen can be invited to the Jury Court of Jury as a non-professional judge.

All assessors are divided into two lists: spare and general. Updating these lists occurs every year. Obligations to maintain documentation lie on local administration.

The general list includes those who constantly live on the territory of the country's subject. The administration must put this number of people in this group that would be able to allow you to function in the usual mode, regardless of the number of cases where the assessors are involved.

The number of persons to be included in the general list is determined by the Chairman three months before the end of the previous list. The debt scheme allows you to establish the order and timing of the lists.

Executive agency It is responsible for determining the number of citizens who should appear in the list. Each of the representatives is determined depending on the personal information provided for the right estimate of the citizen. The data is made to the database of a single automated system. It is she who determines who exactly will be suitable for this role. The selected person may not even know what the jury is. If a person for some reason cannot become a chairman, he is crossed out of the lists.

Important! The spare list is those citizens who live on an ongoing basis within the territory where the court is located. Both list are published in the media. Lists contain only human name. Each participant will receive payment in the amount determined by government regulations that are transmitted from the federal budget.

If judicial assessmentIncluded in the list, I do not agree with the solution advanced, then it has the right to write an application for its exception due to the unreasonableness of inclusion in the assessors. Such an appeal is considered within five days. If there are other disagreements with solutions, citizens can be sent to litigation. When making changes to lists, the information should be published in the media.

A citizen can be excluded from the list in the following cases:

  • There are circumstances that do not allow the citizen to participate in judicial processes.
  • A citizen is more likely to meet the requirements for the following grounds:
    • serviceman;
    • achieving age of 65 years;
    • substitution of position in the authorities of the municipality;
    • there are health problems that are confirmed documented;
    • the lack of knowledge of the Russian language if the hearings are conducted on it;
    • clergy;
    • employees of executive structures lead private practitioner Detective, which is confirmed by the relevant license.

Next jury are attracted to certain hearings. For selection of citizens, the hardware body and the parties of the trial are liable. The Chairman has the opportunity to remove the citizen from fulfilling duties. If the assessment is suspected of binding, it must be excluded from the list. The reason for the emergence of a biased opinion is not important.

Legislation determines that persons should consider the case within 10 days. If the process dragged into a longer period, then they are obliged to deal with the end of the process. If a citizen was called, but not selected for the hearing, then it is necessary to participate in another production.

Rights and obligations of jurors

Rights:

  1. Explaining questions of those who are interested in the judge, since, regardless of who participates in the case, such jury assessors are not obliged to have legal education, which determines the possibility of having gaps in the knowledge of the country's legislation.
  2. Take a full-fledged participation in finding out the circumstances, including to interrogate any person who is a participant in the lawsuit.
  3. Acquaintance with the materials of the case and real evidence.
  4. Make notes.

What you do not have the right to do:

  • Break the secret of voting.
  • Self collect data.
  • To express personal opinion until a certain point, as this may affect the opinion of other participants in the meeting.
  • Chatting on the topic of hearing with those who are not a member of the case.
  • Removal during the hearing, except for some exceptions, upon receipt of permission from the judge.

If the sworn went beyond the rights or violated the assigned duties, then it can be punished in the form of a monetary recovery. The decision made so much that such jury meetings will not be able to appeal the imposed sanction. In addition, there is a risk of losing a place among the assessors.

What cases are the jury meetings

Legislation determines that jury meetings have the right to consider only criminal cases. The reason for such a restriction is the complexity when sentencing administrative and civil Affairs Without a full knowledge of the Codex of the Russian Federation.

Jury Court in Russia considers the following cases:

  1. banditry;
  2. corrupt practices;
  3. rape;
  4. encroachment on life;
  5. kidnapping;
  6. murders;
  7. hijacking and theft.

Finally

The jury becomes ordinary citizens who should act in the designated framework. They are not obliged to think professionally, since they are not experts in the field of law.

The solution of jury assessors who are a voice of the people may affect the sentencing, for example, allowing condescendingly related to the accusation, which will reduce the sentence.

The person elected as Chairman is obliged to follow the secret of the meeting. With its violation, the imposition of certain sanctions will follow.