A jury in Russia is a specific type of legal procedure that allows people to participate in the consideration of justice issues that determine the guilt of the defendant. This is the brightest manifestation of democracy, which has fully developed in the country recently, but at the same time is rapidly gaining momentum and popularity.
A bit of history
Such an institution, as a jury, in Russia appeared at the end of the nineteenth century, when there were serious changes in the system of society. The development of bourgeois relations entailed a lot of changes that did not pass by the house of justice. However, the essence of such an institution was most clearly reflected only in the early nineties of the twentieth century.
The judicial system of the Russian Federation has undergone great changes and is very different from what could be observed in the empire. The difference was manifested in the importance of this institution: in modern Russia it is a reflection of democracy, the word of the people has a special weight, and in past centuries it was a form of administering justice without any independence.
In general, the history of the jury trial developed very slowly and not always positively. However, the main points, namely the number of assessors, orality and publicity, composition - all this has similarities both in past centuries and at present, which allows us to say about the long and dynamic formation of this institution.
Features
The establishment of a jury in Russia is determined by the need to ensure the most fair justice. The participants are citizens who are not related to the legal field of activity, those people who rely solely on the facts and personal convictions. However, the peculiarity of this institution is also manifested in its imperfection.
There are two points of view regarding jury trials in Russia. The first of them suggests that this institution is not acceptable, since it cannot be impartial. People who are not immersed in legal subtleties are not able to be objective and make the right decision. The second opinion implies that the jury is the most humane way to answer the question of whether the accused is guilty or not.
Despite the participation of people's representatives, trial does not lose its essence. He still retains a number of principles that define any justice procedure, namely publicity, orality and competition, which is especially important.
Jury trial
As you know, this principle plays a special role in the trial. Competitiveness implies that the parties have equal rights, present evidence, and petition.
This is typical of any trial, and a jury trial is no exception. In addition, this principle plays a significant role in their decision-making, which adds to its significance.
Competitiveness helps assessors to study and understand the point of view of each of the parties, in order to ultimately form their own beliefs. There is a threat of subjective perception, which is why in order to avoid such situations, there are a number of rules that participants in criminal proceedings must observe. Their equal position in court, the same rights and obligations ensure a fair, humane and legal decision.
Jury Formation
Determining the circle of people suitable for the role of assessors is an important aspect in the work of this institution.Not every citizen can be selected for this role, there are a number of requirements that serve as selection criteria. These include age (from 25 years), citizenship, lack of criminal record and legal capacity.
A jury in Russia is formed on the same principle as voter lists. There is a random sampling program that, in accordance with the given criteria, determines the circle of persons suitable for the role of assessors. All this is systematized. The only thing that participants in the proceedings, namely the prosecution and defense, do is determine the final jury together with the presiding judge.
As already noted, there are requirements that do not allow anyone to become a member of the board. It is especially important that persons working in the field of advocacy, as well as prosecutors, clergy and military personnel, do not fit the role of the jury. For representatives of other fields of activity there are no restrictions.
Features of a jury trial
The trial with the participation of assessors is practically no different from what happens without them. However, a number of changes are still present, which is reflected in the stages of the consideration of the case. The modern jury of Russia gives jurors the right to completely decide the fate of the defendant. The board has several separate stages of the trial, which emphasizes their importance.
The jury draws up a question sheet, that is, they decide what answers they want to receive in the course of the proceedings. Any influence on them is unacceptable. In order to prevent bias in such a process, the course of investigation of evidence is changing and the characteristics of the past defendant are not discussed. All this is aimed at achieving the most objective and fair result.
Discussion and decision making
A jury in Russia implies the absolute freedom of the assessors in the exercise of their civic duty. The most important thing in this matter is the confidentiality and integrity of the jury. After considering the case in court and examining all the evidence, the panel is removed to a closed room where the Internet or any other connection is not allowed.
Decision-making is carried out by banal vote in the majority of votes. And since there are twelve jurors, there are often cases when opinions are divided equally. In this regard, the law finds a completely logical solution, namely, that if the number of votes is the same, the verdict is passed in favor of the accused.
Jury Verdict
As mentioned above, the panel of assessors makes decisions independently, based on the above facts and evidence. It has the same force as a sentence, and is called a verdict, which in a jury in Russia is announced by the foreman, elected in advance.
It is important to note the fact that the decision made by the assessors is of particular importance. The court cannot pronounce a verdict that does not correspond to the verdict if it is acquitted, but at the same time it has the right to declare the accused not guilty, even if this does not agree with the jury's decision.
In order for the verdict to be presented correctly, the panel of assessors must give clear and concise answers. Each decision must be made by voting, even if the jury is faced with the task of finding the truth on several dozen issues. The most common, or rather, true answers, are such as the affirmation or denial of guilt, involvement and intent.
Values of a Jury in Russia
Obtaining the truth, passing a fair, humane and legal sentence are the main tasks of justice. The judicial system of the Russian Federation includes the institution of jurors specifically to achieve these goals.The board is capable of objectively, relying only on facts and evidence, to reach a verdict, remaining impartial.
Decisions made by jurors are always in one way or another directed in favor of the accused. Formation biased attitude not allowed, monitoring compliance with this rule takes place in the court itself. That is why you can always count on a fair and objective verdict.
No less important is the role of assessors, since they have the status of a court, are not parties to the trial, must not prove anything or explain, their function involves only the administration of justice. It is important that its implementation occurs through the involvement of ordinary people, citizens, which confirms the democratic form of modern Russia.
Parties and other persons involved in the trial
In the jury, in addition to the assessors themselves and the presiding judge, there are other participants in criminal proceedings in the same way as in any other trial. It is customary to divide them into two parties, namely, defense and accusation. As you know, criminal prosecution is carried out by the prosecutor, and the defendant is supported by a lawyer.
In addition to the main parties, which are in a state of competition throughout the process, having equal rights and obligations, they also highlight other participants. They can be various experts and specialists, witnesses, translators and witnesses. Their role is also great for establishing the truth.
As mentioned above, a jury in Russia is an independent institution that has practically equal rights with the court and has no relation to any of the groups of participants. The defense and the accusations are in conflict with each other, only proving to the assessors the truth and not exerting pressure on them.
