The main thing for todayPopular articlesJurors to be a juror or not to be

Home / Situations

Back

Published: 10/15/2019

Reading time: 4 min

0

813

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?

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.”

A little history

The history of jury trials in Russia dates back to 1767. It was this year that the decision was made to establish this court. The question of organizing this institute was finally adopted only in 1864. This was largely facilitated by the judicial reform carried out at that time.

When the Bolsheviks came to power in the country, the jury was immediately abolished. And its existence ceased in 1917. And only after a large number of decades this institute was revived and improved. It was then that it was established that the jury would consist of twelve jurors (plus two reserve ones in case of illness or other unforeseen situation that arose among the main jurors).

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.

I meet all the requirements. But I do not want

Participation in the administration of justice as jurors is a civic duty, just like fulfilling military duty and participating in elections. It's up to you to decide whether to carry it out or avoid it. When you are called to court to serve as a jury, you have the right to point out the reasons that prevent this, or to recuse yourself. For example, the presiding judge may exempt from jury duty a relative of the defendant, a woman whose child is under three years old (at her request, of course), or an employee, without whose presence at work public or state interests may suffer. Religious beliefs are also considered a valid reason for recusal.

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.

I want to be a juror. Where to go?

According to federal law, every four years the administration of the city district of Revda and the city district of Degtyarsk compile lists of candidates for jurors: the main and the reserve (in case of illness of the juror or if the juror is unable to appear in court to participate in the trial). Since cases must be considered as quickly as possible, there are 1,520 people on the main list of Revda jurors. These lists are formed by random sampling from existing lists of voters registered in the district (based on data from the state automated system “GAS-Elections”).

These lists are then sent to the court (no later than a month before the expiration of the terms of office of the previous jurors), from which citizens who cannot participate in the court hearing as jurors are excluded. Thus, it is impossible to become a juror at your own request. Only a person included in the specified list can be a juror.

• Don't know if you're on the jury list? Search for your name here.

Recusal and self-recusal

Sample application for refusal to serve as a juror in court

27.5 KiB 22 Downloads

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.

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.

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.

Responsibilities

Persons involved in a court hearing in a criminal case are vested with the following powers and responsibilities:

• Study of all the circumstances of the crime committed, examination of physical evidence (including listening to audio and video recordings, examination of objects and instruments of crime).
• Presence during investigative activities, the need for which may arise during court proceedings.
• Announcement of issues on the merits of the criminal case (through the presiding officer).
• Keeping notes that will later be needed to make decisions in the deliberation room.
• Demand for clarification of the norms of current legislation, documents read out in court (also not directly, but through the presiding judge).

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.

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.

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 cases will need to be considered?

Until June 2021, 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.

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.

Requirements for candidates

In accordance with Federal Law No. 113 of August 20, 2004 “On jurors of federal courts of general jurisdiction in the Russian Federation,” citizens of the Russian Federation become candidates for this position:

• Permanently residing in the country.
• Those who have reached the age of 25.
• Not registered with drug treatment and psychiatric dispensaries.
• Are fully capable.
• Those who were not suspects or accused at the time of compiling the lists.

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.

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.

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 2021

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.

Authority

The main function (main power) of jurors is to establish the guilt or innocence of a person in the crime charged to him.

The decision (in legal language - verdict) is made by the indicated participants in the trial in the deliberation room, based on the results of studying the materials of the criminal case, studying all the material evidence, hearing the victims, witnesses for the defense and prosecution, the defenders of the accused himself, as well as the opinion of the public prosecutor.

It is important to know that jurors in courts of general jurisdiction are not given the right to decide on the type and amount of the punishment itself. They answer only the question of whether the defendant is guilty or not.

In general, jury questions are formulated in such a way that they can be answered with a clear positive or negative answer. During the trial, they answer the following questions:

1. Was there a crime itself?
2. Did the defendant commit it?
3. Is he guilty?

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.

Who is this?

So, first you need to find out who the jurors are? This term refers to judges (but not professional ones) who are included in the lists of jurors and are involved in the judicial consideration of criminal cases in the manner prescribed by law.

It is important to know that only criminal cases can be tried with the participation of a jury and only for those crimes that fall into the categories of grave and especially grave. The jury trial itself can be appointed solely on the initiative of the accused himself.

When examining criminal cases, professional judges resolve issues that require special legal knowledge and qualifications. Lay judges (jurors are selected randomly from among ordinary citizens) render a verdict on the guilt or absence of guilt of the defendant in the act in question. At the same time, the jury makes its decisions based on a subjective assessment of what is happening and regardless of the position and opinion of qualified judges.

The jury does not make a final verdict. That is, they cannot determine the term of punishment, the qualifications of the offense and other legally significant aspects. These powers are vested only in qualified judges.

Guarantees

Since jurors hear criminal cases classified as serious and especially serious, they and their family members may be subject to moral or physical pressure.

Being full participants in the trial, assessors fall under the protection of the state. They become inviolable, and law enforcement agencies are obliged to protect the life and health of the juror himself, members of his family and the safety of his property.

Upon the statement of these persons about pressure or threats related to the consideration of a specific criminal case, state bodies immediately take the juror under their protection for the entire period of the judicial investigation.

It is also prohibited at the legislative level to interfere with the activities of jurors during the administration of justice.

Juries, while performing their duties, are subject to the constitutional provisions that apply to judges. For example, they are guaranteed immunity and independence.

Special powers

Why do many defendants apply for criminal cases to be tried by jury? The final verdict, according to most of them, in this case will be softer, since the jury is vested with the power of leniency.

According to criminal procedural law, the defendant has the right to leniency due to the presence of mitigating circumstances. The decision on leniency is made by the presiding judge, taking into account the opinion of the jurors.

Since these participants in the trial are not professional judges and in many cases do not have special legal knowledge, the decision on leniency is most often made by them based on a subjective assessment and attitude towards the personality of the defendant. For this reason, most defendants rely on the humanity of these non-professionals and hope for a reduced sentence.