From June 1, the jury will be able to consider cases not only of regional, but also district courts, and it will consist of only 8 people, not 12. Such changes are contained in the federal law that has entered into force.
The jury will be able to consider criminal cases of murder with or without aggravating circumstances (Parts 1-2 of Article 105 of the Criminal Code), of intentional grievous bodily harm resulting in death (Part 4 of Article 111 of the Criminal Code), of an attack on the life of a state or public activist, law enforcement officer or person carrying out justice or investigation (Articles 277, 295 and 317 of the Criminal Code), as well as cases of genocide (Article 357 of the Criminal Code).
The panels of juries considering criminal cases within the jurisdiction of the constituent courts will be reduced from 12 to 8, and the panels in district and military garrison courts - from 12 to 6.
The courts have already begun to notify participants in the proceedings. For example, the day before, information about new jury trials appeared on the website of the Trans-Baikal Regional Court. They also reminded me how to become a jury. They can be capable people over 25 years of age who have no criminal record. “If you receive a candidate juror questionnaire by mail, we ask you to take this fact responsibly and exercise your civic duty by answering the questions of the questionnaire and returning it to the court, you thereby agree to participate in legal proceedings as a juror,” it says in a court message.
Each juror is paid by the court in the amount of half the salary of the judge of that court.
Jury service is paid. The court pays each juror a remuneration in the amount of half the salary of a judge of this court, calculating the amount based on the days worked. The total amount must be no less than the average salary at the juror’s main place of work. He is also compensated for travel to the court and travel allowances, if necessary.
A jury trial differs from other trials: in the presence of a panel, questions about the identity of the defendant and the legality of obtaining evidence and its reliability are not considered. In the process, only those points that are essentially relevant to the case are examined.
The lawyer, chairman of the Moscow bar association “Skripka, Leonov and Partners” believes that the number of cases with juries will not increase much, because the elements of crimes that can be considered with the participation of a jury have turned out to be quite “exotic”. However, the expert does not deny that “the appearance of jury trials in district courts is an extremely important step.”
The number of acquittals in jury trials will, of course, increase, since decisions in the case will be made by ordinary people who are not required to report to higher authorities for their verdict and are not burdened with the baggage of serving in law enforcement agencies.
Lawyer Igor Skripka
According to the lawyer, reducing the number of jurors in the panels is a controversial decision. Perhaps it is aimed only at reducing costs. And at the same time, the main thing has not been eliminated - the jury will still not be able to evaluate the reliability of the evidence. “Often, the judge simply prohibits the defense from referring to the case materials or presenting physical evidence to the jury if it completely refutes the prosecution’s version. Consequently, there is no such evidence for the jury, it cannot be discussed, it cannot be analyzed,” says Skrypka. Ideally, the jury should be allowed to hear all the issues in the case, the expert concludes.
Despite some noted shortcomings, there is a positive attitude towards the new law in Russia. In the regions, for example, in the prosecutor's office of Chuvashia, they expect "civic awareness and active participation" of the residents of the republic in the courts. Across Russia, hundreds of thousands of citizens received letters from administrations and became candidates for juries, because it was necessary to increase the number of people to join the boards. At the same time, courts must have both a main and a reserve list of candidates.
All 35 district courts of Moscow will have their own jury panels, said the chairman of the Moscow City Court, Olga Egorova. “If a person wants his case to be heard by a jury, then we are ready for this in any court,” she said.
According to statistics, the number of acquittals in Russia is decreasing every year. According to the latest data for 2016, their level was only 0.36%.
In this regard, legislators are closely involved in reforming the judicial system. In particular, one of the innovations that came into force on June 1, 2018 is the expansion of the powers of jurors.
Jurors are an institution of the judiciary that allows ordinary citizens, along with professional judges, to act as creators of justice.
The juror's position is ambiguous and controversial. On the one hand, this is the duty of any respectable citizen. On the other hand, this is a great responsibility for the destinies of other people. Some dream of becoming a juror, others avoid such a role in every possible way.
In our article we will talk in detail about what it is to be a juror candidate and who can be awarded this honorable role.
Jury trials in Russia began to be mentioned since the reign of Catherine II. It was officially adopted only in 1864. Later, under the USSR, jury trials reappeared in 1990.
In 2016, a new law on jurors was adopted, which significantly expanded the range of their powers and the cases under their jurisdiction. This legal act came into force only in 2018.
So, a jury trial is one of the forms of legal proceedings in criminal cases, in which a certain range of issues regarding the guilt or innocence of the accused are decided by ordinary citizens who do not have a legal education.
Jurors are selected by random selection from a computer program.
The new law has significantly expanded the list of criminal articles for which a jury can be appointed.
In order for a criminal case to be tried by a jury, a petition from the defendant is necessary.
So, juries can be brought in for the following articles:
- Art. 105 (part 1 and part 2) – Murder;
- Art. 111 (part 4) – Causing grievous bodily harm resulting in death;
- Art. 228.1 (part 5) – Production and sale of drugs;
- Art. 229.1 (part 4) – Drug smuggling;
- Art. 277 – Encroachment on the life of a public figure;
- Art. 295 – Encroachment on the life of a person carrying out investigation or justice;
- Art. 317 – Encroachment on the life of a police officer;
- Art. 357 – Genocide;
- Art. 126 (part 3) – Kidnapping;
- Art. 209 – Banditry;
- Art. 211 (part 1, part 2, part 3) – Theft of water, air, railway vehicles;
- Art. 227 – Piracy;
- Art. 353 – Preparation and conduct of wars;
- Art. 354 – Calls for wars;
- Art. 355 – Production, sale of weapons of mass destruction;
- Art. 356 - Use of prohibited means of warfare;
- Art. 358 – Ecocide;
- Art. 359 (part 1, part 2) – Mercenaries;
- Art. 360 – Attack on institutions and persons under international protection.
In fact, this list has only been supplemented with some articles. In particular, murder and grievous bodily harm have significantly increased the workload of jurors. These crimes are quite widespread.
The institution of jurors appeared in district courts and garrison military courts.
If there are several defendants in a criminal case, the involvement of a jury is possible at the request of at least one of the defendants.
When a judge has made a decision to consider a criminal case by a jury, the defendant no longer has the right to refuse their participation.
Jury status: pros and cons
The law establishes special requirements for the selection of candidates for the role of jury. If the system has chosen your candidacy, you will have to participate in the courts for 4 years.
The reason for refusing to proceed must be valid.
Everyone is interested in the question of how jurors are selected in Russia. So, not every citizen of the country can become a jury.
The following persons cannot be included in the list of jurors:
- Under 25 years of age;
- With an unexpunged or outstanding criminal record;
- Incapacitated or partially capable;
- Registered in psychoneurological or narcological dispensaries;
- Not knowing the language in which the trial is being conducted;
- Having the status of a suspect or accused in a criminal case;
- With mental or physiological impairments that may interfere with participation in the proceedings.
If none of the criteria apply to you, you may be included in the jury selection database.
Many citizens have a conscious belief that they do not want to serve as a jury in criminal cases. There can be many reasons for such considerations.
Some people don’t want to experience pangs of conscience afterwards, others don’t want to waste time on pointless activities. So how do you refuse jury duty?
Your refusal to participate in a jury trial will be accepted if the following circumstances occur in the life of the candidate:
- Age over 60 years;
- Women with children under 3 years of age;
- Persons who have religious beliefs about the impossibility of administering justice;
- Persons whose distraction from the performance of official duties is harmful to society and the state;
- Other persons with valid reasons.
Within two weeks, you must contact the state executive body with a written refusal of the status of a juror.
The highest executive body is obliged to consider such an appeal within 5 days and make a decision on it. By the way, it can be appealed.
Let's look at how to become a juror in a criminal case.
The procedure for selecting candidates is also strictly regulated by current legislation. For this purpose, there are general and reserve lists, which are compiled for 4 calendar years.
These lists include only those citizens who meet the necessary requirements. Using the automated Elections program, a jury is searched.
General and reserve lists are subject to mandatory publication in the media.
Most citizens mistakenly believe that there should be 12 people on the jury in a criminal case. The new law changed this requirement. So, we will tell you in detail how many jurors in court there should be in one criminal case.
The number of jurors under the new law varies based on the following circumstances:
- 6 people out of 12 candidates in district and garrison courts;
- 8 people out of 14 candidates in regional courts and equivalent.
Cases in which the defendant is under 18 years of age cannot be tried by a jury.
Financial side of participation
Of course, regular participation in criminal cases is regarded by many as a negative factor. These cases are usually associated with cruelty and violence. It’s hard to call such leisure time positive and enjoyable.
However, there are also positive aspects to being a juror. This includes, in particular, monetary remuneration, compensation and guarantees.
A citizen participates in the consideration of a criminal case for only 10 working days per year.
The salary of a juror is calculated based on several rules:
- In the amount of half the official salary of a judge in proportion to the number of days of participation;
- Not less than the average earnings of a juror at his main place of work for a given period.
Also, the juror is fully reimbursed for travel expenses to the place of consideration of the criminal case and travel expenses.
While you act as a judge, your main job remains the same. The employer does not have the right to fire you or transfer you to another position during this period.
The work experience will not be interrupted while serving as a juror.
For the entire period of consideration of a criminal case, the jury is subject to guarantees of the inviolability and independence of judges.
No one has the right to influence you during this period. He will be held accountable for such actions.
The specifics of proceedings in court with the participation of jurors are prescribed in the Code of Criminal Procedure of the Russian Federation. The jury does not decide all issues in a criminal trial.
The Code of Criminal Procedure of the Russian Federation includes only the following within their competence:
- The fact of committing a crime;
- The defendant's involvement and guilt in the crime;
- Does the defendant deserve leniency?
Issues of qualification of the offense, punishment and resolution of civil claims within the framework of criminal proceedings remain under the jurisdiction of a professional judge.
The jury has 3 hours to make a decision. If, after this period, they fail to reach consensus, a vote takes place.
When rendering a guilty verdict, the majority of jurors must answer affirmatively to the judge's questions about the defendant's guilt. In case of an acquittal verdict, at least 6 negative votes of the assessors are required.
A not guilty verdict by a jury always results in an acquittal of the crime by the presiding judge. A guilty verdict is not an obstacle to the judge’s acquittal decision if he considers it correct.
A judge can dismiss a jury and remand a case if he sees grounds for acquitting a defendant who has been convicted by a jury.
Any inclusion or exclusion of evidence is decided by the jury separately in the deliberation room.
The introduction of the institution of jurors into the district court system does not at all promise an increase in the number of acquittals. Grave and especially grave crimes were, are and will be, for the most part, punishable.
The judicial system has long been in need of reform. Today, many citizens do not believe in the independence of judges. A jury trial helps to increase public confidence in the Russian justice system.
At the same time, the question of whether to accept or not accept an invitation to serve as a juror always remains only with the citizen himself.
According to one version, jury trials arose in England in the 12th century - at the moment “...the beginning of the travel of royal judges to various districts of the kingdom. Traveling judges - auditors, arriving at the place, presided over the county courts, turning them into a royal curia. The curiae were invited to these extraordinary sessions by 12 full citizens of every city. Initially, they were examined under oath only in disputes over land ownership.
Their unanimous testimony of the fact decided the case, and the parties had the right to challenge those of the jury with whom they were in enmity. Thus, at the initial stage of the development of the institution of jurors, jurors were a kind of witnesses, confirming certain circumstances known to them before the trial.
Later, the witness functions of the jury are replaced by the obligation to decide questions about the existence of the facts themselves on the basis of information gleaned from the evidence presented in court by the parties, finally, when the jury acquired the right to listen to testimony and other evidence and decide the case on their basis with its verdict (vere dictum - fair testimony), they became, practically, judges. The emergence of the institution of juries of knowledgeable persons was reflected in the English trial in the form of a provision that juries judge only on fact, and crown judges about law. During the period of the struggle of the English bourgeoisie against the feudal system, such foundations of the modern jury as the right to freely evaluate evidence and the right to decide the issue of guilt were won. Initially, the jury decided only the question of establishing the fact of commission or non-commission of a particular act. When in the 17th century the verdict began to concern the question of guilt, it received the name “general”. The practice of issuing a general verdict was first based on precedents and then received legislative recognition.
In 1792, England passed a law on libel in the press (label law), which established the jury's right to decide not only about the very fact of publication of the incriminated work, but also about its general meaning and the question of guilt. Like the right to freely evaluate evidence, the general verdict had an undeniably progressive democratic orientation.
The jurors, deciding the guilt or innocence of the accused person brought to trial, were composed of 12 Human. If any of the jurors were unable to serve, the case could continue with a hearing with a minimum of 10 jurors.
During the bourgeois revolution of the late 18th century, France borrowed jury trials from England. The place that the French bourgeois, who came to power through revolutionary means, assigned to trial by jury is evidenced by the fact that the first decree of the Constituent Assembly of France in 1790 was the Decree “On trial by jury in criminal and civil cases.”
Radutnaya N.V., Why do we need a jury trial, M., “Russian Law Academy”, 1995, p. 7-8.
The administration of justice is an incredibly complex, contradictory thing that imposes unprecedented responsibility on the one who administers it. At all times, the judge was the most respected, honorable and trustworthy person. But, nevertheless, any judge is, first of all, a person, and a judge with experience is also, in some sense, a blinkered person who makes decisions every day, and therefore, perhaps, does not notice some little things that a person without experience will pay attention to .
It is precisely so that in every criminal case there are people who have their own, fresh view of the events that took place, and jury trials were introduced in Russia. More precisely, it was not introduced, but returned, since it first appeared in Russia back in 1864 and existed until 1922, when it was abolished by the Soviet government.
Jury trials in Russia are a young phenomenon, and, it must be said, they are not particularly popular either among people or among the population itself. At the same time, the controversy surrounding it has not subsided for several decades, and everyone who has anything to do with the activities of courts and law enforcement agencies is trying to understand what is more in it - harm or benefit. It is worth noting that jury trials are defended mainly with the help of very vague arguments, since it is quite difficult to find the real advantages of this option of administering justice.
Jury trial: pros and cons
To understand how adequate this type of court is to the current state of affairs in Russia, and whether it has the right to exist (not on the basis of the Constitution, but on the basis of common sense), it is necessary to consider in detail all its essential aspects.
So, a jury trial is a form of legal proceedings in which a decision on the guilt or innocence of a person accused of committing a crime is made by a group of 12 people who do not have special education and are brought together solely for the purpose of reaching a verdict in the case.
Experienced lawyers and judges consider this option for considering criminal cases to be a priori incorrect, since the jury makes a decision not on the basis of the case materials (although they, of course, familiarize themselves with them), but on the basis of their own experience. If the judge makes his verdict based solely on the facts and is guided by the proof of the crime, then the emotional and moral side of the case is often much more important for the jury. In other words, the jury judges from a moral point of view, and the judge judges from a legal point of view.
But it’s no secret that in Russia morality and law have always been and are to this day in a state of some kind of hidden war. It is in this regard that many crimes tried by a jury are considered from a moral aspect. In a number of cases, criminals, even those who admitted their guilt, were released by the jury due to the fact that from the point of view of the average person, far from the letter of the law, they did not do anything terrible.
The second negative aspect of jury trials is their potential corruption. People taking part in the meetings are often unemployed, pensioners or housewives, that is, the least socially protected segment of the population. Working citizens prefer not to participate in jury trials - this distracts from their main work, requires time, effort and imposes responsibility for which they are not ready. Therefore, when the question arises about whether it is easy to put pressure on the jury, a person familiar with Russian realities has no doubts. In this regard, many professionals believe that the only people who benefit from the existence of jury trials in Russia are the criminals themselves. Always having the opportunity to press either pity or poverty on the jury.
Jury trial in Russia
On the outskirts of Russia, statutes were introduced with significant changes. The process of introducing jury trials was finally completed only in 1896.
In this form, the jury existed until the adoption of Decree on Court No. 1 at the end of 1917.
The revival of jury trials in Russia (Soviet Union) has been actively discussed since the late 80s of the 20th century.
Jury trial in the Russian Federation
The accused does not have the right to file a petition for consideration of his criminal case by a court of second instance consisting of a judge of a magistrate court of general jurisdiction and a panel of twelve jurors, if he is accused of committing a crime not provided for in the following articles:
- 105 "Murder" part two
- 126 “Kidnapping” part three
- 131 “Rape”, part three
- 210 “Organization of a criminal community (criminal organization)”
- 211 “Hijacking of an air or water transport vessel or railway rolling stock”
- 263 “Violation of traffic safety rules and operation of railway, air or water transport”, part three
- 267 “Making vehicles or means of communication unusable”, part three
- 269 “Violation of safety rules during the construction, operation or repair of main pipelines”, part three
- 277 “Encroachment on the life of a statesman or public figure”
- 290 “Taking a bribe”, parts three and four
- 294 “Obstruction of justice and preliminary investigation”
- 295 “Encroachment on the life of a person conducting justice or preliminary investigation”
- 296 “Threat or violent actions in connection with the administration of justice or the conduct of a preliminary investigation”
- 297 “Contempt of court”
- 298 “Slander against a judge, juror, prosecutor, investigator, person conducting an inquiry, bailiff, bailiff”
- 299 “Bringing a knowingly innocent person to criminal liability”
- 300 “Illegal release from criminal liability”
- 301 “Unlawful arrest, detention or detention”
- 302 “Force to testify”
- 303 “Falsification of evidence”, parts two and three,
- 304 “Provocation of a bribe or commercial bribery”
- 305 “Issuing a knowingly unjust sentence, decision or other judicial act”
- 317 “Encroachment on the life of a law enforcement officer”
- 321 “Disorganization of the activities of institutions that ensure isolation from society”, part three
- 322 “Illegal crossing of the State border of the Russian Federation” part two
- 353 "Planning, preparation, initiation or waging of aggressive war"
- 354 “Public calls for a war of aggression”
- 355 “Development, production, stockpiling, acquisition or sale of weapons of mass destruction”
- 356 “Use of prohibited means and methods of warfare”
- 359 “Mercenarism”, parts one and two
- 360 “Attack against persons or institutions enjoying international protection”
A criminal case in which several defendants are involved is considered by a court with the participation of a jury in relation to all defendants, if at least one of them submits a petition for consideration of the criminal case by a court composed of this composition.
If the defendant has not filed a petition for consideration of his criminal case by a court with the participation of a jury, then this criminal case is considered by another panel of the court in the manner prescribed by law.
The judge's decision to consider a criminal case by jury is final. The defendant's subsequent refusal to consider the criminal case by a court with the participation of a jury shall not be accepted.
Consideration of criminal cases with the participation of jurors of federal courts of general jurisdiction is carried out in the Supreme Court of the Russian Federation, supreme courts of republics, regional, regional courts, courts of federal cities, autonomous regions and autonomous districts, district (naval) military courts.
Requirements for jurors
According to Art. 3 of the Federal Law “On Jurors of Federal Courts of General Jurisdiction in the Russian Federation”, jurors cannot be:
- persons under 25 years of age
- persons with an outstanding or unexpunged criminal record
- persons recognized as incompetent or limited in legal capacity
- registered in a narcological or psychoneurological dispensary
Also, the following persons are not allowed to participate in legal proceedings as jurors:
- suspects or accused of committing crimes
- not fluent in the language in which the hearing is conducted
- having physical and/or mental disabilities that prevent full participation in the hearing of the case
Jury verdict
In accordance with Article 343 of the Criminal Procedure Code of the Russian Federation, if the jurors failed to reach unanimity when discussing the verdict within 3 hours, the decision is made by voting. None of the jurors has the right to abstain from voting. If, when discussing an issue, the votes are divided equally, the issue is considered resolved in favor of the accused.
Accusatory the verdict is considered accepted if the majority of jurors vote in favor of affirmative answers to questions about the proof of the crime, the act of the defendant, and his guilt.
acquittal the verdict is considered accepted if at least six jurors vote for a negative answer to any of the above questions.
acquittal The verdict of the jury is binding on the presiding judge and entails an acquittal. Accusatory the verdict of the jury does not prevent the decision of an acquittal if the presiding judge recognizes that the defendant’s act does not contain signs of a crime.
In the event that the presiding judge recognizes that a guilty verdict was made against an innocent person and there are sufficient grounds for an acquittal due to the fact that the event of the crime has not been established or the defendant’s participation in the commission of the crime has not been proven. He makes a decision to dissolve the jury and send the criminal case for a new trial by a different court from the preliminary hearing stage. This judge's decision is not subject to cassation appeal.
Notes
Literature
- Karnozova L. M. Revived jury trial. The idea and problems of formation. - M.: Nota Bene, 2000. - 366 p. ISBN 5-8188-0044-X
- Ilyukhov A. A. Jury trial in Russia. Historical, criminal procedural and criminal legal aspects. - M.: Economics, 2009. - 362 p. ISBN 9785282029925
- Trial by jury in Russia: high-profile criminal trials 1864-1917. - L.: Lenizdat, 1991. - 512 p. ISBN 5-289-01078-5
See also
Links
- Vlas Mikhailovich Doroshevich. " ", " "
Wikimedia Foundation. 2010.
- Kangaroo Court
- Vessels (bay)
See what “Trial by jury in Russia” is in other dictionaries:
TRIAL BY JURY- a court that tries and resolves criminal, and in some countries, civil cases with the participation of jurors. S.p. such an organization of the trial of cases in which the court is clearly divided into two parts: one consists of judges... ... Encyclopedia of Lawyer
Trial by jury (disambiguation)- Trial by jury: Trial by jury is an institution of the judicial system. Trial by Jury television program on NTV Russian television, court show. See also Jury in Russia... Wikipedia
Jury trial- This article or section describes the situation in relation to only one region. You can help Wikipedia by adding information for other countries and regions. This term has other meanings, see C... Wikipedia
Jury trial- (English jury) in a number of states, a court consisting of one or more permanent judges and jurors, representatives of the people selected or appointed for a given trial. The jury and the permanent (crown) judge, as ... Encyclopedia of Law
TRIAL BY JURY- one of the institutions of the judicial system and the entire system of government bodies, embodying the principle of direct participation of the people in the administration of justice. Originated in England in the 12th-15th centuries. and after the Great French Revolution received widespread... Legal encyclopedia
