Is it a duty or a right to be a jury? What to do if you receive an invitation to participate in court as a juror and is it possible to refuse?

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Published: 10/15/2019

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Imagine: you calmly walk into your entrance after a hard day at work, you are tired and hungry, but before you ride the elevator that will take you to the top of your apartment building, you need to check your email. And there, among a heap of advertising brochures and bills for an apartment, you suddenly discover a letter from the court or the city administration, and a vague feeling of anxiety pierces you. So what's in the envelope?

• How do they get elected to the jury, or “Why me?!”
• What responsibilities does participation in the process entail?
• Is the time spent paid?
• Is it possible to refuse participation?

How do they get elected to the jury, or “Why me?!”

And in the envelope is a summons informing you that you have been selected to serve on the jury, that this is your civic duty and other information. Having thoroughly studied the issue, I want to tell you about participating in court as a juror.

So how did it happen that you were chosen? The fact is that every four years the court or city administration draws up lists of candidates for the role of jurors. And, accordingly, if you received a letter, you were selected as a candidate.

There are a number of restrictions that do not allow persons to participate in the hearing as a jury:

• under 25 years old;
• having an outstanding or unexpunged criminal record;
• incompetent or partially capable;
• registered in a narcological or psychoneurological dispensary;
• under investigation;
• who do not speak the language in which the process is conducted;
• having psychological and physical pathologies that interfere with full participation in the process.

The rules for the formation and submission of jury lists are set out in more detail in Federal Law N113-FZ “On jurors of federal courts of general jurisdiction in the Russian Federation.”

How to find out if you have been appointed to a jury

Persons will be selected to join the panel at the invitation of the judicial authority.

The procedure consists of three stages:

1. A list of candidates for the main composition and reserve members is appointed. The total number for the Supreme Court is from 14 people, for district bodies - reaches. After approval of the list, a check is carried out on compliance with the criteria, and notices of the need to appear are sent.
2. Formation of the composition of the jury. When visiting, selected citizens are explained the main points of the criminal case. At this time, a recusal may be initiated. After all issues are settled, the final list of jurors is approved to form a panel.
3. The next stage is the selection of a foreman by voting.

What responsibilities does participation in the process entail?

If you agree, you will be invited to court to form a panel, which occurs in several stages. Your consent and appearance in court does not mean that you will necessarily be elected to the panel, since during its formation the parties may challenge the juror.

If you do pass the selection, you will need to take an oath. The jury's task is to answer three questions posed by the court:

1. Has it been proven that the act of which the defendant is accused took place?
2. Has it been proven that the defendant committed the act?
3. Is the defendant guilty of this crime?

If the defendants decide not guilty, then the judge will issue a verdict of not guilty; if the panel decides that the defendant is guilty, then the judge imposes a punishment based on the rules of the law and the circumstances of the case.

Consequently, the jury does not need to understand the laws, classify the crime in any way, or choose the type of punishment. This is the task of the competent law enforcement and judicial authorities.

Jurors are required to discuss the case only during the trial, and outside of the trial they are prohibited from seeking additional information about the case or discussing its details.

The rules of legal proceedings with the participation of a jury are disclosed in more detail in Chapter 42 of the Code of Criminal Procedure of the Russian Federation.

What cases will need to be considered?

Until June 2022, the jurisdiction of the jury included few crimes, but with the adoption of Federal Law No. 113, the powers of the board expanded.

The list of jurisdiction includes the following cases under the Criminal Code of Russia:

1. Murder or intentional infliction of grievous bodily harm, including causing the death of a person. These cases, as a rule, are considered by a jury if there are aggravating circumstances under Article No. 105, Part No. 2.
2. Illegal production, sale and storage of narcotic substances – Art. No. 228.1 part No. 5.
3. Sale by an organized group by prior conspiracy of prohibited drugs – Art. No. 229.1 part No. 4.
4. Attempt on the life and health of a citizen holding a public post or being a public figure – Art. No. 277.
5. Encroachment on the life of a judge or official conducting a preliminary investigation of a criminal case – Art. No. 295.
6. Threat to the life of a law enforcement officer - Article No. 317.
7. Genocide – art. No. 357.

The list of jurisdiction of cases considered by jurors at the regional level and judicial bodies equal to them in jurisdiction also includes 19 articles of the Criminal Code. Most often, the provisions of the Russian Criminal Code for serious crimes are affected, for which life imprisonment or execution is established. Since 18, the list has been supplemented with similar articles for women over 18 years of age and men over 65.

Only crimes committed by minors remained outside the jurisdiction of jurors.

Is the time spent paid?

Participation is paid in the amount of one-half of the official salary of the judge of the court in which the case is being considered, but not less than the average income of the participant at his main place of work. Travel to the court location is also paid.

A juror takes part in the process once a year for 10 days, and if the process is not completed during this time, then the period of participation is extended until its end. The employer is obliged to release the employee for the time required to complete the trial, and during the performance of these duties has no right to dismiss or transfer the employee to another position.

Participation in litigation is also taken into account as work experience.

Where to go for jury selection and what to bring with you

At the time specified in the notice, the citizen visits the courthouse to select candidates.

Typically, the location is stated in the notice along with the following information:

• address;
• number, time;
• Cabinet number;
• information about the employee - full name, position, telephone number.

You must have the following documents with you:

• passport of a citizen of the Russian Federation;
• SNILS;
• TIN;
• if a person is employed, then a certificate in form 2-NDFL from the place of work.

Authority

Along with their responsibilities, candidates are granted certain rights. Here are the most basic of them:

• establishing the guilt or innocence of a citizen in the crimes he is accused of;
• rendering a verdict, but only in a special deliberation room and strictly on the basis of a preliminary study of the case materials, testimony of witnesses and evidentiary documents.

A general jury does not have the power to decide what punishment to give a person if he is found guilty.

Their task is to give an affirmation or denial in relation to the guilt itself. They will be asked questions that will have to be answered exclusively in monosyllables - with a positive or negative answer.

Special rights of jurors

Many defendants make a formal request to the court to have a jury hear their case. It is believed that they are the ones who make the final verdict on the proceedings. There is also a common belief that the presence of a jury in court automatically reduces the sentence, since they are more loyal and less interested. In reality this is not the case at all.

In fact, a person can count on a mitigation of punishment only if the judge understands that the violation of the law was committed under certain circumstances that reduce guilt. Trial jurors are not professional judges, so their decision to make the punishment more lenient is only partly made.

Procedure and time for creating a register of candidates

According to Article 5 of Federal Law No. 113, for a period of at least 3 months. Before the completion of the terms of office of candidates for the collegium of assessors, chairmen of judicial bodies must submit updated lists.

Such authorities include:

• Russian Armed Forces;
• regional organs;
• regional municipalities;
• departments of federal cities;
• autonomous region and districts.

Potential jurors are determined by software in a random order using an automatic method through the GAS “Elections” system, the creation of which was decided by the President in 1994 according to Decree No. 1723.

This register contains personal information of individuals participating in election campaigns and referendums. Exclusion from jury lists in the courts of the Russian Federation is carried out on the basis of Art. No. 3 part No. 2 of the current law.

The procedure for approval of the list of board members by the executive department for the region of the Russian Federation:

1. Sending notifications to citizens registered in the territory of the subject of the location of the court.
2. Within fourteen calendar days, people on the register must familiarize themselves with the invitation.
3. Consideration of applications received from potential applicants.
4. Checking applicants for compliance with selection criteria.
5. Making adjustments and eliminating inaccurate data about citizens included in the general jury register.
6. Drawing up and approving the list of board members.

Recusal and self-recusal

Sample application for refusal to serve as a juror in court

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Not all citizens wish to serve as jurors. They are looking for opportunities to refuse this test. The law designates this responsibility as a civic duty. Many people have natural obstacles to performing their duties. Dismissal while in court is prohibited by the Federal Law “On Jurors” (Article 11). However, if the number of days of legal proceedings is significant, the boss will not like it and will introduce certain difficulties into the work process.

Remuneration to jurors is made in accordance with the salary of the judge. If a citizen’s basic salary is small, participation in the process is beneficial. Jurors are entitled to certain benefits. If the salary or bonus payments at work are significant, this responsibility will cause a loss.

Judging a person is a moral responsibility. It is necessary to be a fairly persistent and mentally strong person, especially considering the seriousness and gravity of the criminal case. The juror may become the target of threats and attacks from the accused person or his relatives. If the desire to refuse is strong, you need to go through a certain procedure.

The legislation of the Russian Federation does not provide for liability for the desire to refuse jury duty before the moment of his inclusion in the group. If a citizen was appointed to serve on a jury and then fails to appear for the hearing, he will be punished under the Code of Administrative Offences. To refuse to participate in meetings, you need to submit a petition for self-recusal, in which you indicate the reasons for the refusal: https://www.youtube.com/embed/Sbd4jlt8exs?start=4&feature=oembed

• reaching 60 years of age;
• presence of a child under 3 years old;
• presence of religious reasons (clergy status);
• working in a significant position, leaving which will cause significant problems (teacher position, disruption of the work process);
• tenure of a military officer, civil servant and others.

The statement of refusal can be strengthened with additional documents and certificates (from a medical institution, from a place of work). A decision on the petition is made no later than 5 days after its receipt. The intricacies of the judicial system are known to a qualified lawyer. An expert on the site will prepare an individual consultation on the applicant’s issue as soon as possible. can be done by phone or through the online form.

I'm on the list. But I don't fit

If a person does not meet all these requirements, but is on the jury list, he can (and should) apply to the administration to be removed from the list. However, if he does not apply himself, he will still be excluded during the inspection (they will not be punished for this).

But if it is revealed that one of the jurors who participated in the trial could not have been a juror, but hid it, the court’s decision will be canceled, and in this case the case will be subject to a new trial, with the participation of other jurors.

Who can be a juror

Any citizen who meets the following requirements can become an assessor:

1. Age from 25 years.
2. No outstanding convictions.
3. Lack of observation by a psychologist or neurologist.
4. A citizen of Russian Federation.
5. Knowledge of Russian language.
6. No physical disabilities.
7. Must not be a suspect or accused in any criminal or administrative case.

Often, if these requirements are met, a positive verdict is issued. After some time, a citizen may be invited to a jury trial as a lay judge.

Grounds for consideration of a criminal case by a jury

Jurors are invited to participate in a criminal case solely at the request of the accused. The court cannot arbitrarily, at its own discretion, involve jurors in the consideration of a case.

A request to consider the case by a court with the participation of a jury may be submitted by the accused after familiarization with the case materials during the preliminary investigation (Part 5 of Article 217 of the Code of Criminal Procedure of the Russian Federation) and before the appointment of a court hearing (Clause 1 of Part 5 of Article 231 of the Code of Criminal Procedure of the Russian Federation). Please note that we are talking about scheduling a trial on the merits of the case, i.e. the judge makes a corresponding decision, which determines the composition of the court in a criminal case.

The defendant’s request to have the case examined by a court with the participation of a jury is considered in a closed court session in the manner of a preliminary hearing in a criminal case (Part 1 of Article 234 of the Code of Criminal Procedure of the Russian Federation).

But not all categories of defendants have the right to trial by jury. The exception is criminal cases of crimes committed by persons under the age of 18, even if they have been charged with the above-mentioned crimes.

Such cases remain beyond the jurisdiction of a jury.

In other cases, the accused cannot be denied a trial by jury, provided that the norm under which he is charged is included in the list of acts where a jury trial is permissible.

What if they don’t let me go from work?

They must let you go, because the state summoned you. If the manager does not want to release the juror to the court session, then his actions may be regarded as obstructing the juror in the performance of his duties. There is responsibility for this. You have the right to contact the prosecutor's office, the prosecutor's office will conduct an investigation, and measures will be taken against your manager.

During the trial, the jury enjoys guarantees of the independence and immunity of judges.

Court verdict

The procedure for rendering a verdict by jurors differs in some nuances.

If a unanimous decision cannot be reached within three hours, a vote is taken.

A juror has no right to refrain from expressing his decision on the case. If the votes are equally divided, then the verdict is rendered in favor of the person recognized as the accused.

In some cases, jurors may request additional time to make a decision and request additional materials about the case.

Options for jury verdict:

• acquittal (if the majority of the jurors voted in favor of the accused);
• guilty verdict (at least seven jurors must vote for the charge).

If the judge decides that the jury's verdict was unreasonable, the panel may be dissolved. For such a procedure, it is necessary to have strong arguments (for example, the presence of corpus delicti, obvious evidence of the guilt of the accused, etc.).

A retrial of the criminal case is scheduled with a new jury.