One of the main directions of judicial reform in Russia, which started in 1991, is the return of jury trials. The revival of this institution of justice in the country's legal system was accompanied by problems related to the organization of legal proceedings and questions of the legality of verdicts handed down by the first truly people's judges.
In this article, we will examine what a jury trial is and who these same jurors are. But for a start, a little history doesn’t hurt.
Jury in Russia
A jury trial arose in Ancient Rome in the 2nd-2nd century BC, where it was known as a quest (court of standing commissions). The followers of the Romans were the British, who applied this type of justice in the 12th-15th centuries, and after the French Revolution it became widely used throughout Europe.
In Russia, a jury trial appeared in the 1860s, when feudal ideas replaced bourgeois ideas, and immediately became the foundation for judicial reform of the time. But such a court failed to exist for a long time. The jury institute ceased to function in early 1918 due to the fact that the revolutionary courts were more punitive than judicial.
Since 2004, the law on jurors has been in force in the Russian Federation federal courts of general jurisdiction ”, providing for the participation of Russian citizens as a jury in the administration of justice. Today, approximately 15-20% of those charged with serious crimes trust their fate with this particular type of justice.
What is a jury trial?
Legally, in Russia, a jury trial is one of the institutions of the existing judicial system, which consists of a panel and one professional judge. The jury consists of twelve citizens, specially selected randomly exclusively for a specific case. Their competence includes only resolving issues of fact and announcing their verdict. The resolution of all legal issues, as well as the drafting and sentencing is entrusted to a professional judge. In other words, the jury can only determine the guilt of the defendant in committing an unlawful act, and the judge determines the punishment or releases him from liability.
What cases are considered by jury trials in Russia?
Not every case can be brought before such justice. In the Russian Federation, jury participation is only possible in criminal proceedings. The list of articles of the Criminal Code is too long. Here are just a few of them:
- murder (part 2 of article 105);
- kidnapping (part 3 of article 126);
- rape (part 3 of article 131);
- banditry (v. 209);
- hijacking of aircraft, watercraft, train (art. 211);
- encroachment on the life of a statesman (Article 277);
- receiving a bribe (Part 3, 4 of Art. 290);
- encroachment on the life of a person administering justice (Article 295);
- encroachment on the life of a law enforcement officer (Article 317);
- mercenarism (parts 1, 2 of article 359), etc.
Who are the jurors and by what criteria are they selected?
Lists of candidates for juries are compiled every four years by the highest executive bodies of each of the constituent entities of the Russian Federation. A candidate can be any competent Russian citizen who has reached 25 years of age, has no criminal record (unrequited or outstanding), is not prosecuted for a crime at the time of selection, and is not registered in a neuropsychiatric or narcological clinic. In addition, he must be fluent in the language of legal proceedings. All lists must be personally reviewed and approved by the governor.
Where does the trial begin?
Criminal cases with jurors may only be considered after the accused has filed a motion.It can be declared after the end of the pre-trial investigation and familiarization with production materials. The application is drawn up in a separate protocol. Having examined it, the judge makes a decision, which is final. In other words, the accused will no longer have the right to refuse a jury trial of his case.
The transfer of proceedings takes place in the preliminary hearing, during which the defendant is obliged to confirm his application, and the judge must select the required number of candidates (at least 20 people). All this is reflected in the decision issued at the end of the hearing.
Formation of a preliminary list
The judge appoints a meeting to form the initial list of jurors. In the course of it, candidates are selected from the main and reserve lists by random selection. If any of them has lost the right to be such, he is excluded from the corresponding list.
In some cases, the chairman of the court or the judge presiding in the case, upon an oral or written application of the candidate, may release him from participation in the process for the following reasons:
- if the age of the candidate is more than 60 years;
- if the candidate is a woman with children under the age of three;
- if the candidate due to his religious reasons cannot participate in the administration of justice;
- if distraction of the candidate from the main type of activity may cause harm to state (public) interests;
- if the candidate has other valid reasons.
The judge also has the right to release any jury whose objective opinion is in doubt due to his presence biased attitude to the case of the accused, unlawful pressure on him or his family members, as well as his knowledge of the case from various other sources of information.
Other process participants
Jury trials take place with the mandatory participation of:
- the public prosecutor (prosecutor), supporting the prosecution in court on behalf of the state;
- an attorney (defender) who defends the rights and freedoms of the defendant;
- the victim (victim of a crime);
- defendant (accused of committing a crime).
Collegium formation
Before the jury is selected for the panel, the presiding judge acquaints the candidates with the parties to the process, tells the essence of the case, explains to them the tasks and conditions of participation in the administration of justice. Any participant in the process has the right to ask questions, including personal ones, to candidates who can help identify circumstances that impede an honest process. Based on the responses received, any number of candidates can be removed from the list by submitting motivated challenges.
Moreover, each of the parties to the process has the right to unjustified withdrawal of candidates, i.e., their exclusion without indicating any grounds.
Board composition
The twelve candidates who were first on the list after recusals are the main jurors. The following two or more (depending on the complexity and nature of the case under consideration) are alternate, each of which can replace any of the main ones if for some reason it cannot participate in the meetings.
The formed panel by voting in the deliberation room elects the foreman, after which the presiding judge announces the text of the oath, after which the jury begins to perform their duties. In addition, the chairman explains to them what they have the right to do during the process and what not.
Jury Rules
The jury has the right to:
- take part in establishing all circumstances of the case, ask questions to persons called for questioning through the presiding judge, and also participate in the examination of the material evidence, investigative actions;
- make personal notes and use them when preparing answers;
- ask the chairman for clarification of the norms of the law, as well as other concepts and questions that are not clear to the jury.
The jury is not entitled to:
- communicate with persons who are not members of the court on topics related to the consideration of a specific case;
- independently collect information on the case under consideration;
- violate the secrecy of voting, meetings;
- leave the courtroom during a hearing;
- discuss the circumstances of the case, express personal opinion about it before discussing these issues when making a verdict.
Judicial investigation
The investigation of the jury begins the opening statements of the parties to the process, where they state their position, and also offer a procedure for familiarizing and considering the evidence presented. Such statements do not take the form of evidence, they are intended to clarify the essence of the charge and the position of the accused in relation to him.
Next is the interrogation of witnesses, the accused and other participants in the trial, consideration of the evidence. The jury participates in establishing the circumstances of the case, and may also ask other participants in the meeting questions in writing, but not in person, but only through the presiding judge.
Judicial debate and cues
At the end of the judicial investigation, judicial debate begins. This process consists in evaluating, in speeches and remarks, the circumstances of a case established during a judicial investigation. It is reminiscent of collecting a mosaic pattern from the smallest particles, and the chronology of evidence is not important here.
The positions of the parties in the debate may differ significantly from each other and even from the actual picture. All this is explained by the different positions of the parties to the process. The debate ends with giving each participant the right to a replica. The lawyer and the defendant are given the right to the last word.
Top Jury Issues
After the last word, jurors are removed from the courtroom. At this time, the presiding judge draws up a list of issues to be resolved. They are announced to the jury in the presence of the foreman. Mandatory questions included in the question list without fail are:
- whether it was proved that the wrongful act did take place;
- whether it was proved that the defendant committed this act;
- whether the defendant is guilty of its commission.
Presentation word and meeting
Having announced the questions, the judge takes the opening word in which he cites the text of the charge, the content of the criminal law, recalls the evidence and the circumstances of the case. He also explains to the jury the procedure for the meeting, recalls their rights and obligations. After that, the assessors go to the meeting in the deliberation room. He is led by foreman. If during the meeting there is a need for additional information, the assessors can return for them to the meeting room.
Jury Verdict and Sentence
The process of meeting and voting takes place in complete secrecy. At this time, unauthorized persons are not allowed in the meeting room. All jurors are required to strive for a unanimous decision, but if this does not happen, the foreman decides to vote. It concerns the receipt of answers to the questions indicated by the presiding judge. Jurors have no right to abstain from voting.
The foreman makes all the answers in the question sheet and counts the votes. After the end of the vote, he signs the sheet and passes it to the chairman.The verdict is proclaimed by the foreman upon the return of the board to the conference room.
But that is not all, for justice is administered jointly by the presiding judge and jury. The acquittal pronounced by the foreman is obligatory for the judge, and he is obliged to pronounce an acquittal on its basis. But the official representative of Themis can even acquit the accused if he considers him not guilty, even if the jury confirms his guilt.
