Jurors. Jury Board
The reinstatement of the jury institute in Russian law is one of the directions of the reform. It helps to strengthen the constitutional guarantee of the protection of citizens.
The legislative framework
Within the framework of the reform concept, on July 16, 1993, the Federal Law was approved, by means of which changes were introduced to the basic industry regulations. Now the participation of jurors in the consideration of cases is governed by law No. 113. As practice shows, the number of applications for consideration of crimes in the progressive form of production is constantly increasing. Defendants often take the opportunity to request a jury trial.
In Art. 20 of the Constitution proclaims the right of every citizen to life. At the same time, this provision provides that the death penalty before its abolition can be established by the Federal Law as an exceptional measure for particularly serious acts. In this case, the crime of the accused is considered by the jury.The main provisions on the involvement of citizens in the proceedings and their activities during it are established in the CPC.
The jury candidate should not be:
- Accused or suspected of a crime.
- A foreigner who does not speak the language of the hearing.
- Mentally or physically disabled (limited or completely incapacitated).
- Under 25 years old.
- Registered in a psycho-neurological or narcological institution in connection with treatment for toxic, drug addiction, alcoholism, protracted and chronic mental illnesses.
Jurors are selected from lists - reserve and general. They are compiled annually by the local administration, which is located and operates in the territory where the hearing is being held. In the general list there are citizens who live permanently in cities and districts of the region / region. Their number should be sufficient to ensure the normal functioning of the court. The chairman no later than 3 months before the expiration of the powers of citizens included earlier in the reserve and general lists, sends to the head of the highest executive body of the subject an idea of the number of persons required for the proceedings.This structure formulates the order and timing of the formation of lists. The executive body also informs municipal structures of the number of citizens that should be included in the lists. The compilation of lists, which include jurors, is carried out on the basis of personal information about the candidates. These data are in the information base of the Unified Automated System. Citizens who cannot be admitted to the jury should be excluded from the number of persons selected.
The reserve list includes persons permanently residing in the village in the territory of the court. This list is certified by the signature of the head of the executive body of the entity and sealed. This list, along with the general, is published in the media of the relevant MO. The lists contain only the names of citizens. Financial support for the powers transferred to the executive and administrative structures for the formation of lists is made from the federal budget. The procedure and amount of revenue is established by government regulations.
Appeals of persons
Citizens can send written statements to the executive body of the region about the groundlessness of including them in jurors, about correcting inaccuracies in the list, and excluding from it. Within 5 days of appeal are considered by the authorized body. Decisions made by the executive body may be appealed in court. Listed additions or changes are published in the regional media.
It is carried out in the cases stipulated in the branch Federal Law. Citizens are excluded from jury lists if:
- Revealed the circumstances that prevent the person to participate in the proceedings.
- A written statement is submitted stating the reasons for the impossibility to fulfill the corresponding duties if the citizen:
- reached the age of 65;
- does not speak the language of the hearing;
- has medical documents confirming health disorders;
- replaces state or elective posts in municipal authorities;
- the prosecutor, judge, investigator, investigator, notary, lawyer, has the special title of officer of the Department of Internal Affairs, FSSP and other executive agencies, conducts private detective practice under license
In the further stages, jurors are involved in specific hearings. The selection is made by the office of the body authorized to the proceedings, together with the interested parties (parties to the process). The chairman has additional capabilities for discharging jurors. In any case, citizens whose objectivity is in doubt should be excluded from the list. Such persons may have a preconceived opinion, they may be aware of the circumstances of the crime from non-procedural sources, and so on. The jury after the appointment of a hearing is formed in the manner prescribed in Articles 326-332 of the Code of Criminal Procedure. Individuals are invited to review materials for 10 days once a year. If the jury trial did not end at the end of their term of office, then they are called upon until the end of the process. Persons summoned to an authorized body, but not selected for a hearing, may be involved in other proceedings.
Citizens involved in the hearing may:
- Investigate all the circumstances of a criminal offense, examine physical evidence, documents and other materials.
- Participate in the implementation of investigative measures.
- Contact the presiding officer for an explanation of the legislation relating to the crime in question, the documents being disclosed, and other ambiguous points and concepts.
- Ask questions to the parties through the presiding judge.
- Keep your notes and use them in the discussion room in the conference room.
- Exit from the courtroom during the hearing.
- Express your opinion on the crime in question outside the deliberation room.
- Communicate with persons who are not part of the court, find out from them the circumstances of the crime.
- Collect information outside the meeting.
- Break the secret of discussion and voting at the meeting.
If you fail to appear at the hearing without good reason, the juror may incur a fine. Penalty is established by art. 118 CPC. The presiding judge is obliged to warn citizens that if they violate the requirements of the law, they may be suspended from the hearing at the request of the parties or at the initiative of the judge. In such cases, the replacement is carried out by persons from the reserve list.
Constitutional provisions for judges are subject to jurors while they fulfill their respective duties. In particular, citizens are guaranteed immunity and independence. The sectoral law establishes the principle of retribution for persons brought in as jurors. This provision does not contradict the principle of the discharge by citizens of public debt. The law does not allow the provision in which persons suffer material damage due to the performance of their functions.
Remuneration to the jury is paid from the regional budget. Its size is equal to half the official salary of a judge and must be no less than the average salary of a citizen in his main job in proportion to the period of attendance at the hearing. Travel expenses are returned to the jury in the manner prescribed by law for judges. In addition, he is compensated for transportation costs. The jury at the time of his presence in court retains all the benefits and guarantees on the main work. It is not allowed to dismiss or transfer a citizen to a less paid position on the initiative of the management of the enterprise while he is at the hearing.
The main one is the establishment of guilt or the recognition of the innocence of a person. The jury's verdict is rendered in the deliberation room. They do not assign the size and type of punishment. Questions to the jury are formulated so that the answers to them are either "yes" or "no." Authorized persons must decide whether:
- That there was an act in which the person is accused.
- That the crime was committed by the defendant.
- That he is guilty.
The jury has extensive powers in the handling of serious crimes. In sentencing, in particular, the opinion of whether the accused deserves leniency is of particular importance. In this case, the law defines a special regime of imposing sanctions. The size or term of punishment to a subject who is deemed to deserve leniency should not exceed 2/3 of the maximum or most severe for the act. If a crime is life imprisonment, it does not apply.
Other rules with indulgence
The judge must comply with other legal requirements designed to mitigate the punishment. In particular, it is necessary to take into account the circumstances under Art. 61 and art. 63 of the Criminal Code.When a guilty person is found to deserve special leniency, only mitigating criteria are taken into account. In this case, the rules on the appointment of softer sanctions are used, than is provided for by the composition of the act, according to Art. 64 of the Criminal Code. These provisions are binding on the judge.
Independence and protection
They are guaranteed by law. In accordance with the rules, it is prohibited to interfere in the activities of jurors in their administration of justice. Immunity also extends to these persons. The identity and property of jurors and their relatives are protected by the state. Law enforcement agencies are required to take appropriate measures to ensure the safety of citizens involved in the hearing, if they receive the appropriate statements.
Jurors are representatives of the population who are vested with the current legislation with the appropriate authority to hear criminal cases. They perform the duties imputed to them on a non-professional basis. According to the Code of Criminal Procedure, a juror is a person who is called to participate in the proceedings.They can be a citizen listed in the general or reserve list. The consideration of cases is carried out in the instances of general jurisdiction. The performance of duties by citizens is their public duty. The jury independently establish the fact, and the legal qualification of the act belongs to the competence of judges. Representatives of the people at the hearing may decide to forgive the accused. It matters when determining the term of punishment. One of the main requirements for jurors is the observance of the secrecy of the meeting. At its violation the corresponding sanctions are provided.