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What do jurors decide?

The questions that jurors must answer after the trial are: is it proven that the act occurred, is it proven that the defendant committed this act, is the defendant guilty of committing this act.
That is, “questions of fact.” If the defendant is found guilty, the question is whether he deserves leniency. And the judge determines what punishment should be given to the criminal if the jury finds him guilty. To reach a verdict, the jury is given three hours in the deliberation room. As the law says, “juries must strive to reach unanimous decisions.” If it is not possible to reach unanimity within three hours, then the decision is made by a majority vote. If the votes are equally divided, then the answer most favorable to the defendant is accepted: which means “to acquit.”

How lists are made

Once every four years, a general and reserve list of juror candidates is compiled in each subject of the Russian Federation. In Moscow, preliminary lists are compiled in prefectures of administrative districts. This is done through random sampling - a special computer program randomly selects a set number of citizens from the district’s electoral list.

After compiling a preliminary list, the prefecture notifies the population. IN

within two weeks after this, citizens included in the list have the right to apply to the prefecture to recuse themselves. The following reasons may serve as grounds for self-recusal:

• age under 25 and over 65;
• unexpunged or outstanding criminal record;
• being under investigation;
• incapacity recognized in court;
• judicially limited legal capacity;
• alcoholism, drug addiction, substance abuse - for those who are registered at a drug dispensary;
• chronic and protracted mental disorders - for those who are registered with a psychiatrist;
• ignorance or insufficient knowledge of the language in which legal proceedings are conducted;
• inability to serve as a jury due to health reasons, confirmed by medical documents;
• work in government or elected positions in local governments;
• child care up to three years old.
• religious beliefs that make it impossible to participate in the administration of justice.

Also, clergy, military personnel, judges, prosecutors, investigators, interrogators, lawyers, notaries, employees of internal affairs bodies with a special rank, authorities for control over the circulation of narcotic drugs and psychotropic substances, bailiff services, customs authorities, authorities and institutions cannot be jurors. criminal justice system, as well as licensed private detectives. As well as persons whose distraction from the performance of official duties may result in significant harm to public and state interests (doctors, airline pilots, etc.).

After the lists are clarified, the prefectures transmit them to the Moscow government. Based on these lists, a unified general and reserve list of jurors of the capital is compiled, which is signed by the mayor of the city and sealed. After this, the lists are passed to , which will call process candidates as needed.

Drawing up a preliminary list of candidates for the court

After a criminal case is scheduled for a hearing with a jury, the court staff, through a random sample, calls people from the general list received by this court.

Before calling, the secretary or assistant judge carries out an additional check to determine whether a person can participate in the administration of justice. For example, one of the additional grounds that prevents you from serving on a jury is the impossibility of repeated participation of the same person in the consideration of the case during the calendar year.

The secretary, having established that the citizen has already been a juror this year, does not call him.

Compliance with other criteria that we wrote about above is also checked in case of an error or new circumstances. For example , at the time the executive body compiled a list of candidates for jurors, citizen A.V. Ryabov. He had never been convicted, and at the time of the formation of the collegium, a criminal case was being considered against him in a court in another district. Having identified this fact, the court secretary will not call him for selection to the panel.

After the check by the secretary is completed, in accordance with Art. 326 of the Code of Criminal Procedure of the Russian Federation, a preliminary list of candidates to be called is compiled, indicating their full name and place of residence. These persons are notified at least 7 days before the date of the scheduled meeting .

Having received an invitation to appear in court, summoned jury candidates are required to appear at the appointed time. The law provides that at this stage, upon oral or written application by the presiding officer, the following may be exempted from participation in legal proceedings :

• persons who are 60 years of age or older. The law provided this additional basis with the meaning that it may be psychologically difficult for an elderly person to take part in deciding the issue of guilt or innocence, as well as physiologically to be away from home for a long time.
• women who have a child under the age of 3 years. For obvious reasons, young mothers devote all their free time to young children, who may suddenly become ill, require increased attention, etc. In case of preventing a woman from leaving the board, the legislator provided for her the possibility of self-removal from the judicial process.
• persons who, due to religious beliefs, consider it impossible for themselves to participate in the administration of justice. This criterion can be used if the candidate categorically does not want to serve on a jury. Typically, statements about religious beliefs and inability to participate are accepted; no one will require evidence of this.
• persons who, due to the importance of their work, cannot take time off from performing their duties without significant damage to public and state interests. For example, when the director of a plant, who has a schedule of events drawn up months in advance, involving many organizations and people, declares that it is impossible to participate in court, such a request will most likely be granted.
• persons with other valid reasons. Returning to the question of whether it is possible to refuse to participate as a juror, this basis, provided for in Part 7 of Art. 326 of the Code of Criminal Procedure of the Russian Federation, gives a person the right to declare almost any circumstance that prevents participation in the consideration of a criminal case. At the same time, it should be understood that this circumstance must be quite respectful - caring for a relative, illness of a spouse, long business trip (currently or during further days planned for the trial). Having declared a valid reason and the inability to serve on a jury, no one will force a citizen to participate in the process at any cost.

The above additional grounds can be stated both before scheduling a meeting to form a board and during it. For example, having received a summons, a citizen can call the court and explain that he cannot come and participate in the hearing due to health conditions or other reasons. You can also declare this in writing.

Of course, it is possible that a person simply does not want to serve on a jury and deliberately invents the first suitable reason. Usually the judge explains that participation in a jury trial is a civic duty and it will not take a long time, which, by the way, is paid. At the same time, if a citizen categorically insists on his exclusion and gives compelling reasons for such a decision, he is usually no longer summoned .

Data on the impossibility of a particular person’s participation in the trial is transmitted by the chairman of the court to the executive and administrative body so that changes can be made to the general lists.

For example , if the court of the Kurortny District of St. Petersburg determines that a candidate is declared incompetent, this is reported to the Legality Committee in order for this person to be excluded from the general list.

Jury rights under the law

The rights of persons selected as PPs are specified in Art. 333. Code of Criminal Procedure of the Russian Federation.

Legislative norms apply not only to the main list, but also to additional candidates from the reserve list.

Additionally, the law establishes actions that assessors are not entitled to carry out.

Such restrictions include communication with persons who are not related to the criminal case regarding its circumstances, collection of various information outside the trial, violation of the secrecy of meetings and voting.

What are they doing?

Jurors take part in all stages of the trial of a criminal case. They may request available physical evidence and materials for study.

Additionally, jurors have the right to examine data on investigative activities.

Based on the information studied, the board must make a certain verdict by voting.

PZ rights in district courts:

• participation in the study of all materials on the criminal case;
• jurors can ask questions about the case to all participants in the trial;
• It is allowed to take notes during the court hearing;
• It is permissible to appeal to a judge for clarification of legal norms.

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.

How long and often do you need to go to court, and how much time per day will it take?

Cases heard by a jury.

Until the jury is approved, a citizen is only a candidate. There are two visits to the court, which are paid at the approved rate. If an individual takes up this position, the work may last for several months. Members of the board are required to take part in every meeting.

Salary

Remuneration for jurors is paid from the regional budget. Its amount is equal to half the official salary of a judge and must be no less than the average salary of a citizen at his main job in proportion to the period of attendance at hearings. The juror is reimbursed for travel expenses in the manner prescribed by law for judges. In addition, he is compensated for transportation expenses. During his presence in court, the juror retains all the benefits and guarantees of his main job. The dismissal or transfer of a citizen to a lower-paid position on the initiative of the management of the enterprise while he is at the hearing is not allowed.

How to refuse jury duty

1. Write a statement of recusal while the lists are being considered by the prefecture. If there is no real reason - stock up on a medical certificate or refer to religious beliefs - they are difficult to verify. You can enlist the support of your employer - especially if you work in a socially significant area. For example, a teacher may bring a statement from the director that there is no one to replace him - it is impossible to leave children without lessons. A decision on your application must be made within five days. You can appeal it in court in the manner established by civil procedural legislation.

2. Not everyone receives letters about inclusion in the list of candidates. Sometimes they get lost for various reasons, and you are immediately faced with a subpoena. If you don't want to go, take it. If this is not an option, consider recusing yourself. The same religious beliefs can come into play.

3. Be sure to recuse yourself if you are not confident in your objectivity. This is no longer a “slope”, this is your direct responsibility!!! For example, you need to doubt yourself if:

• Do you know at least one of the participants in the process: the judge, the court clerk, the defendant, the lawyer, the victim, the prosecutor, the investigator who led the case, and the police officers who took part in its investigation. And also with their close friends or relatives.
• If you know about the circumstances of the case from non-procedural sources: for example, you accidentally heard a heated discussion of this case by interested parties. Or even grandmothers at the entrance.
• If you or someone close to you has once become a victim of a similar crime. Agree, it’s difficult to be objective when your own negative experiences regularly pop up in your memory.

Self-recusal must be declared in writing. If the information contained in the application is too personal, the judge will make a decision without disclosing the reasons.

4. And, finally, the last way to avoid an honorable duty: simply not to come to court. Although serving as a juror is a civic duty, there are no penalties for failure to do so. More precisely, it is provided only for those who have already been selected for jury duty and have taken the appropriate oath. For failure to appear, they face a fine of up to 25 minimum wages. But the jury candidates are not risking anything yet.

Is it possible to refuse the selection procedure and recuse yourself?

They won't serve on a jury.

When a jury is elected, the prosecutor and lawyer have the right to ask questions that interest them. Thus, human rights activists identify grounds for refusing to approve a candidate. If circumstances exist, a challenge is initiated, i.e. removal from participation in the process.

This requires a legal basis for the judge to accept it. For example, a suspect was detained in an attempt on the life of a trade union member. Moreover, the candidate is a public figure. This factor may lead to recusal due to lack of impartiality.

Please note: In the presence of such circumstances, citizens have the right to recuse themselves.

Another example is where the accused is convicted of an offense in relation to a nature reserve. The candidate for jury is a member of the environmental protection trade union. As in the first case, doubts may arise about the objectivity of the position.

The legislation also provides for unmotivated recusal, both from the lawyer and the prosecutor. That is, they have the right to remove one candidate from the list without giving reasons. The prerequisites for this may be excessive rigor and integrity of a person. Although from the point of view of judicial proceedings, this approach is not objective, this right is still established in the law.

What does the jury consider?

This court is appointed to consider cases of grave and especially grave crimes. The convicted person has the right to request that the case be held with a panel of jurors. The Code of Criminal Procedure of the Russian Federation (Article 254) obliges the jury to answer a number of questions at the end of the trial:

1. Is there evidence of a wrongful act?
2. Has it been established that the accused committed the crime?
3. Did the defendant commit the crime in question?

The jury does not consider issues involving legal assessment. They do not have the right to assess the seriousness of the crime or propose preventive measures. A jury is prohibited from accusing a defendant of an act that was not supported by the prosecutor.

The wording of the question is permitted if the defendant’s position is not worsened by the characterization of the act by the jury. The juror must answer questions about each defendant. The question must be clear to those selected to participate in the group.

What is unique about jury trials in Russia?

Non-professional judges in a black robe, who have a higher legal education, practice, passing exams and appointment by Presidential Decree, take part in the trial of a case with the participation of a jury.
The verdict is given by several ordinary citizens who have nothing to do with jurisprudence. At the same time, the court has one professional judge, whose goal is to properly organize the proceedings. This judge does not interfere in resolving issues of guilt or innocence, does not express his opinion, his role is reduced to ensuring the adversarial nature of the process and compliance with the legal procedure.

The regional (territorial) court hears cases of particularly serious crimes, including: murder of several persons, sale of drugs on a particularly large scale and other crimes for which life imprisonment is possible.

Domestic murder, as well as infliction of grievous bodily harm resulting in the death of the victim, are the most common crimes in which cases are tried with a jury in the district court.

The procedure for consideration in both the regional and district courts is practically the same, with the exception of the number of assessors: in the regional there should be 8, in the district - 6.

The jury receives a salary for the time spent in court , they listen to all the witnesses in the case, the victim, the defendant, and can ask them questions through the foreman. They delve into the materials of the criminal case under investigation, are present during the debate between the prosecutor and the lawyer, and then, after parting words from the presiding judge, retire to the deliberation room. There, the assessors make a verdict unanimously or by vote, answering the questions put to them about the guilt of the defendant.

If exactly half of the jurors vote for innocence (in the regional court - 4, in the district court - 3), then the accused is considered acquitted. Based on the verdict, the presiding judge pronounces a sentence, which cannot be guilty if the jury acquits the defendant.

There are also some restrictions on the activities of jurors:

• they do not have the right to ignore court hearings (the assessor may be fined for failure to appear),
• cannot communicate with other persons on the topic of proving guilt in the case in which they are taking part.
• The defense attorney and the public prosecutor are prohibited from talking about the negative qualities of the defendant in the presence of the jury, so as not to form a preconceived opinion.

You can read more about the specifics of the jury trial procedure here.

Agree, the function of the jury is quite responsible, and not everyone is capable of deciding the fate of another person by voting “guilty” or “not guilty.” The norms of the Criminal Procedure Code and the Law “On Juries” provide criteria by which candidates for jurors are selected. This is a separate stage of legal proceedings, which we will discuss in detail below.

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.

Problems you may face if you are selected as a juror

1. Work. Of course, by law the employer is obliged to let you go for the entire duration of the process. All guarantees and benefits are retained at the place of his main work. Dismissing a juror or transferring him to a lower-paid job at the initiative of the employer while performing duties in court is prohibited by Article 11 of the Federal Law “On Jurors of Federal Courts of General Jurisdiction in the Russian Federation.” However, in practice - you understand. If the process lasts three days, the authorities will grit their teeth and let you go. What if three months? Or a year? But such cases involving particularly serious criminal offenses are not uncommon.

If there is no one else to replace the employee, the head of the enterprise may apply to the court to release this employee from the honorary duty of a jury. As a rule, the courts are cooperative in such cases.

Of course, for an open violation of the law, the employer faces a fine, and in the event of dismissal, the court will definitely reinstate you at work. But this fine is from 500 to 1000 rubles (Article 17.5 of the Code of Administrative Offenses of the Russian Federation). You can imagine in advance how comfortable it will be for you to work in your old place after being reinstated by the court. In addition, everyone is well aware of the ways to “leave a person of his own free will.”

2. . The law provides for remuneration for the performance of this duty at the expense of the federal budget, the juror is paid “compensation in the amount of one-half of the official salary of a judge of this court in proportion to the number of days of participation of the juror in the administration of justice, but not less than the average earnings of the juror at the place of his main work for such a period." In addition, jurors are compensated for the cost of travel to and from trial. This is beneficial for those who have a very small salary: the official salary of a judge in Moscow is a little more than 20,000, respectively, if your salary is less than 10,000, then for the days spent in court you will receive more than at work. But if you receive the lion's share of your salary in an envelope, or in the form of a bonus, you will find yourself at a big disadvantage. Which no one compensates for.

3. Security. During the period of administration of justice, a juror is subject to guarantees of independence and immunity of judges established by the laws of the Russian Federation. The Criminal Code provides for special liability for assault on jurors. The same measures may be taken to protect jurors as for the protection of judges. In theory. In practice, the mechanism has not been worked out in our country. So, having delivered a guilty verdict to a stern uncle with equally harsh relatives, you can become the object of their revenge. Of course, this doesn't happen every day, but there is at least one precedent for the death of a juror. A woman who was part of a panel that convicted members of a certain criminal group was soon hit by a car that fled the crime scene.

4. Moral aspect. Are you ready to decide a person's fate? Can you do this impartially? Are you sure that when making a decision, you will rely solely on the evidence examined at the court hearing, and not on the subjective perception of the criminal or the victim? As an example to think about, one can cite a study by psychologists, according to which beautiful people receive 10-15% more acquittals than physically unattractive people. Serving as a jury is a very big responsibility. Probably everyone who has found themselves on a jury has thought at least once: what did the people who delivered a guilty verdict feel when, five years later, new facts emerged and it turned out that the crime was committed by a completely different person than the person who, with their help, went to prison. Apparently, this is why jury trials produce significantly more acquittals than ordinary courts.

Consequences of filing a petition

Petition for a jury trial We have already completed an essay

The protection of human rights by means of a jury trial is the basis for the court to conduct preparations for a court hearing in the form of a preliminary hearing (clause 5, part 2, article 229 of the Code of Criminal Procedure of the Russian Federation). However, it is possible to schedule such a hearing at the initiative of the court if, for example, the protocol on familiarization with the case materials indicates a desire to use a jury trial, but the corresponding request was not received from him.

At the stage of consideration of the petition, the investigator or the court has the right to consider the issue of separating into separate proceedings a criminal case against defendants who do not want the case to be considered by a jury (part 5 of article 217, paragraphs 7 and 8 of part 1 of article 236 , Article 239.1 of the Code of Criminal Procedure of the Russian Federation). Note that the corresponding powers were granted to the court relatively recently: with the entry into force of the Federal Law. We have already completed coursework

Federal Law “On Security”: structure, main content more details dated July 23, 2013 No. 213-FZ. Until this moment, if there were grounds for separating a case, the court returned it to the prosecutor, and he returned it to the investigator (clause 3 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23).

If the court granted the defendant’s request and made a decision to consider the case by jury, refusal of this form of legal proceedings is no longer possible, including for other defendants in the case (Part 5 of Article 325 of the Code of Criminal Procedure of the Russian Federation). For this reason, at the preliminary hearing, the defendant must confirm the previously submitted request for a jury trial, and the court must find out the attitude of the other defendants to this request (clause 6 of the Resolution of the Plenum of the Supreme Court of the Russian Federation No. 23).

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Selection rules

The selection of candidates for the PP is carried out on the basis of the personal data of voters.

Specific citizens are selected randomly using a special computer program.

The list is then approved by the regional authorities.

The names of selected jurors must be published in specialized media. After receiving the notification, the citizen may refuse to participate in the trials. If there is such an application, a candidate from the additional list is selected in his place.

The procedure for selecting candidates for a specific case

The procedure for selecting jurors for a specific case is no different from the general selection of candidates. They are selected randomly.

By law, no earlier than a week before the court hearing, selected PPs must receive subpoenas.

At the preparatory meeting, additional selection to the board is carried out. The parties to the trial have the right to reject the candidacy of a particular juror, but this requires the presence of weighty arguments.

Nuances of candidate selection:

• all parties to the trial take part in the consideration of candidates;
• the desire to reject the candidacy of a particular juror must be motivated;
• a participant in the process cannot reject more than two candidates.

What does it mean to receive notification of being included in the list of candidates?

According to the legislation of the Russian Federation, a citizen can receive an invitation to participate in court hearings no more than once in 12 months. Moreover, the total duration of such “work” cannot exceed 10 days. It is noteworthy that dates can be set separately - for example, one in May, the next in September, etc.

The consideration of criminal cases may take time, so it is permissible to exceed the specified period.

If a person receives a notice inviting him to appear in court, this indicates that he has been assigned the status of “candidate.” These lists are subject to updating every 4 years. A board is formed from persons who come to the authority by invitation.

Watch the video: “What to do if you receive an invitation to serve as a jury.”

Computer program for selecting candidates in 2022

It is impossible to get to the jury on your own, because a computer program is in charge of identifying candidates. The software generates lists of citizens according to a random selection from the list of voters.

After selection, people receive notifications from the prefecture of the subject of the Russian Federation by delivery of a registered letter. From this moment on, the citizen has 14 days to submit an application for self-recusal. Based on the accepted documents, the authority supplements the lists and transmits the list of candidates to the judicial authorities.

Delisting

It is carried out in cases provided for in the sectoral Federal Law. Citizens are excluded from jury lists if:

1. Circumstances have been identified that do not allow the person to participate in the proceedings.
2. A written application has been submitted indicating the reasons for the inability to perform the relevant duties if the citizen:

• reached the age of 65 years;
• does not speak the language in which the hearing is being conducted;
• has medical documents confirming health disorders;
• holds state or elected positions in municipal authorities;
• serviceman;
• prosecutor, judge, investigator, investigator, notary, lawyer, has a special rank as an employee of the Department of Internal Affairs, FSSP and other executive agencies, conducts private detective practice under a license;
• clergyman.

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.