Jury trial. this is an institution of the judicial system, consisting of a bench of jurors, selected according to a random method only for a given case and decisive. Presentation on social studies on the topic "Jury trial" free download Presentation on the topic of court
slide 2
Jury trial
This is an institution of the judicial system, consisting of a bench of jurors, selected at random only for a given case and deciding questions of fact, and one professional judge, deciding questions of law. The jury trial considers serious criminal cases in the first instance and its decisions are not subject to appeal in terms of establishing guilt. In some states in the United States, juries can only reach decisions unanimously. In others, by simple or qualified majority. Also, in some jurisdictions, jurors recommend capital punishment or extenuating circumstances. However, the issue of choosing a measure of punishment is always decided only by the judge.
slide 3
In criminal proceedings, the jury usually decides on the guilt or innocence of the defendant; in civil proceedings, they decide only the question of fact. Jurors are selected subject to certain conditions. The judge is obliged to release from duty jurors: those suspected or accused of committing crimes; persons who do not speak the language in which the proceedings are conducted; mute, deaf, blind and other persons with disabilities; who declared self-withdrawals, if the reasons for self-withdrawal prevent them from fulfilling their duties as jurors.
slide 4
A juror has the right:
1) to participate in the study of all the evidence considered in court in order to be able to independently, according to their inner conviction, assess the circumstances of the case and give answers to the questions that will be put before the jury; 2) to ask questions to the defendant, victim, witnesses, experts through the presiding judge; 3) participate in the examination of physical evidence, documents, in the conduct of inspections of the area and premises, in all other investigative actions carried out in court; 4) ask the presiding judge to explain the norms of the law relating to the case, the content of the documents read out in court, the signs of the crime of which the defendant is accused, and concepts that are not clear to him; 5) take written notes during the court session.
slide 5
A juror must not:
1) leave the courtroom during the hearing of the case; 2) communicate on the case with persons who are not members of the court, without the permission of the presiding judge; 3) collect information on the case outside the court session
slide 6
Jury trial in Russia
In Russia, the jury operated from 1864 to 1917. The institute of jury trial was again introduced in Russia in 1993 with the adoption of amendments to the Code of Criminal Procedure of the RSFSR. Since 1993, the jury began to operate in 9 regions of Russia: Moscow, Ryazan, Saratov, Ivanovo, Ulyanovsk and Rostov regions, Stavropol, Altai and Krasnodar regions. Later, jury trials appeared in other regions, and since January 1, 2010, the institution of jury trial has been operating in all regions of Russia.
Slide 7
Slide 8
Categories of cases considered by the jury.
Article 105 Murder Article 126. Abduction of a person. Article 131. Rape. Article 263 Article 267 Vehicle or means of communication.
Slide 9
For each of the acts in which the defendant is accused, three main questions are raised [CPC RF, Art. 335]: whether it is proved that the act took place; whether it is proved that this act was committed by the defendant; whether the defendant is guilty of this act.
Slide 10
A verdict of not guilty is considered adopted if at least six jurors voted for a negative answer to any of the three questions. Answers to other questions are determined by a simple majority vote of jurors. If the votes are equally divided, then the most favorable answer for the defendant is accepted. The foreman of the jury announces the verdict in the courtroom.
slide 11
The trial by jury ends with the decision of the judge. According to the Code of Criminal Procedure of the Russian Federation, he makes one of the following decisions:
decision to terminate the criminal case in the cases provided for by Art. 254 Code of Criminal Procedure of the Russian Federation; acquittal in the case when the jury gave a negative answer to at least one of the three questions specified in Part 1 of Art. 339 of the Criminal Procedure Code of the Russian Federation, or when the presiding judge recognized the absence of signs of a crime in the act; conviction (with sentencing; without sentencing; with sentencing and release from it) in accordance with Articles 302, 307, 308 of the Code of Criminal Procedure of the Russian Federation; a decision on the dissolution of the jury and on sending the case for a new trial in a different composition of the court in the case when, in the opinion of the presiding judge, there are grounds provided for by law for issuing a verdict of not guilty, despite the guilty verdict of the jurors.
View all slides
Trial by Jury in Russia For the first time, the institution of jurors was introduced into the system of Russian legal proceedings during the Judicial Reform of 1864 by Emperor Alexander II. It was abolished by the Decree of the Council of People's Commissars of the RSFSR of December 5, 1917 "On the Court". The institution of jury trial was again introduced in Russia in 1993 with the adoption of amendments to the Code of Criminal Procedure of the RSFSR. Since 1993, the jury began to operate in 9 regions of Russia. Since January 1, 2010, the institute of jury trial has been operating in all regions of Russia.
At present, such a form of criminal proceedings as "trial by jury" is gaining popularity, which is often called the defendant's last chance for justice. MAIN ISSUES whether the act is proven to have taken place; whether it is proved that this act was committed by the defendant; whether the defendant is guilty of this act. does he deserve forgiveness? to which the jurors must answer
IF THE DEFENDANT DESERVES LEVERAGE The term or amount of punishment may not exceed two-thirds of the maximum term or amount of the most severe type of punishment prescribed for the crime committed. If the relevant article of the Special Part of this Special Part of the Code provides for the death penalty or life imprisonment, these types of punishments are not applied, and the punishment is imposed within the limits of the sanction provided for by the relevant Article of the Special Part of the Special Part of this Code. When imposing punishment on a person found guilty of a crime by a jury verdict, but deserving of leniency, aggravating circumstances shall not be taken into account.
A JURY COURT - a court of facts Questions of fact whether or not the crime itself was committed, whether the defendant committed this crime, including whether he is guilty of committing it, whether he deserves leniency is decided not by professional lawyers, but by a collegium of citizens formed by random sampling. Questions of law, the legal qualification of the deed, the imposition of punishment, the resolution of a civil suit, etc., are resolved by a professional judge presiding over the process.
ONE OF THE FEATURES OF THE JUDICIAL INVESTIGATION Data on the identity of the defendant are examined with the participation of jurors only to the extent that they are necessary to establish certain elements of the crime of which he is accused. other data capable of prejudicing the jury against the defendant
According to the Code of Criminal Procedure of the Russian Federation, a criminal case is considered by a court with the participation of jurors at the request of the defendant. Thus, we can conclude that the consideration of criminal cases by a court with the participation of jurors is a complicated form of administration of justice, the purpose of which is to issue court decisions in a criminal case with the involvement of citizens, which ensures maximum competitiveness in the trial and the impartiality of decisions made in the case. .
General judicial statistics on criminal cases for the first half of 2015 and the first half of 2014 (data from the Judicial Department of the Supreme Court of the Russian Federation) From the data of the Judicial Department, it is known that in the first half of 2015, the jury considered 142 cases. On the background total In criminal cases, this case looks insignificant: the jury participated in the consideration of 0.03% of all criminal cases. Percentage of acquitted by the jury 14.5% of the defendants were acquitted. The percentage of acquittals in courts without a jury is - 0.48%
CATEGORY OF CASES as of March 2018, under the jurisdiction of regional/territorial courts Article 105. Murder (part 2) Article 126. Kidnapping (part 3) Article 209. Banditry Article 210. Organization of a criminal community (criminal organization) or participation in it ( (Part 4) Article Illicit production, sale or transfer of narcotic drugs, psychotropic substances or their analogues ..... (Part 5) Article Smuggling of narcotic drugs, psychotropic substances, their precursors or analogues ... (Part 4) Article 277 life of a statesman or public figure Article 281. Sabotage (part 3) Article 295. Encroachment on the life of a person exercising justice or preliminary investigation Article 317. Encroachment on the life of an employee law enforcement agency as well as crimes against the peace and security of mankind (Article 211 part 1-3, art. 227, 353, 354, 355, 356, 357, 358, 359 part 1.2, art. 360)
THE INSTITUTE OF JURIES IN DISTRICT COURTS Since June 1, 2018, judges of the district court and a panel of six jurors will have jurisdiction over criminal cases on crimes under: Art. 105 (part 2), art. Art. 277, 295, 317 and 357 of the Criminal Code of the Russian Federation, according to which, in accordance with the provisions of the criminal law, life imprisonment or the death penalty cannot be imposed as the most severe type of punishment, as well as criminal cases for crimes under: Article 105 Part 1 Criminal Code of the Russian Federation - murder, without aggravating circumstances Article 111 part 4 of the Criminal Code of the Russian Federation intentional infliction of grievous bodily harm
Chamber of Lawyers of the Rostov Region Law office "Alexey Rakitin" Registration number 61/5153 Lawyer Rakitin Alexey Viktorovich Novoshakhtinsk, Lenin Ave., Building 7 room
Electronic educational resource - teaching and visual aids in social science and law. It can be used in the study and repetition of the relevant topic by both teachers and students, contains a test for the current testing of knowledge on the topic with tasks of type A and B.
Download:
Preview:
To enjoy preview presentations, create a Google account (account) and sign in: https://accounts.google.com
Slides captions:
Procedural law: criminal procedure Brichenko L.V., teacher of higher education qualification category, GBOU secondary school No. 262 St. Petersburg 2013
STRUCTURE OF THE CPC
FEATURES OF THE CRIMINAL PROCESS Pre-trial proceedings Initiation of a criminal case Preliminary investigation Inquiry Investigation Trial Preparatory stage Consideration of the case on the merits (report of the judge, hearing of the parties, examination of the circumstances, debate, meeting, sentencing)
CRIMINAL PROSECUTION
PRINCIPLES OF CRIMINAL LEGAL PROCEEDINGS
PARTICIPANTS OF THE PROCESS
Distinctive features of the criminal process Lines of comparison civil procedure Criminal process Who makes demands Plaintiff Victim Who answers Defendant Defendant Who makes decision Judge Judge, a panel of 3 judges, jurors What is the name of the decision Decision (decree) Verdict (jury verdict) Who implements the decision Bailiff Service Penitentiary authorities Measures of restraint Sign not to leave restriction of movement, writ of execution Correctional colony, penal colony
EVIDENCE IS A KEY ELEMENT OF THE PROCESS DEPOSITIONS PROTOCOLS DOCUMENTS AUDIO RECORDINGS VIDEO RECORDINGS THINGS The burden of proof lies with the prosecution Evidence obtained in violation of the law is invalid
MEASURES OF PROCEDURAL COMPULSORY: DETENTION PEOPLE CAUGHT AT THE PLACE OF THE CRIME AT THE INSTRUCTION OF VICTIMS OR WITNESS UNKNOWN PLACE OF RESIDENCE NOT IDENTIFIED
PRECAUTIONAL MEASURES FOR THE ACCUSED Bail not to leave PERSONAL GUARANTEE HOUSE ARREST Bail TWO MONTHS DETENTION
PRE-TRIAL PROCEEDINGS REASON: Statement, reporting of a crime, confession
PRELIMINARY INVESTIGATION INQUIRY (by order of the investigator) Interrogation Face-to-face identification Seizure (confiscation) Decision on bringing as an accused INVESTIGATION (by court decision) Pre-trial accusation Detention House arrest Establishment of control Listening Search All actions of the investigating authorities are recorded
RIGHTS OF THE ACCUSED INFORMATION WITH THE CASE (recorded in the minutes) Officials bear responsibility for the illegal use of coercive measures (Article 31 of the Criminal Code of the Russian Federation), threats, violent acts, illegal detention, criminal prosecution of the innocent, etc. In this case, the victims are compensated for harm (Article 1070 of the Civil Code of the Russian Federation).
ACTIONS OF THE PROSECUTOR Check the case Introduce changes Return the case for further investigation Dismiss the case if there are grounds Confirm the indictment and send the case to court Appear in court on behalf of the prosecution GROUNDS FOR TERMINATION OF THE CASE: Expiration of the statute of limitations for criminal prosecution Non-involvement of the accused in the crime Absence of an event of a crime Absence of guilt
JUDICIAL PROCEEDINGS
SENTENCE Russian Federation Must be lawful, justified, fair Enters into force in 10 days Can be appealed in the cassation or appeal procedure, as well as in the supervisory procedure
Cassation proceedings, also cassation (Latin cassatio - “cancellation, destruction”) Checking by higher courts of the legality and validity of court decisions that have entered into force or not. In Russia, it is carried out in accordance with the criminal procedure, civil procedure and arbitration procedure codes of the Russian Federation.
Appeal (from Latin appellatio - appeal, search for justice) in jurisprudence - verification procedure Revision by the highest authority of the appealed non-final verdict of the lower court in its grounds, both factual and legal, but within the limits of the complaint. The appellate instance, like the first, considers the case on the merits and decides on it a verdict that completely replaces the verdict of the lower court, although the content may be the same with it.
The court of jury assessors of the case of cases on particularly serious crimes of cases related to the competence of regional and regional courts are invited at the request of the accused ensure a fair punishment of the criminal role of jurors - to determine whether the existence of a criminal act has been proven by the involvement of the defendant to the crime whether the defendant is guilty of a crime deserves DO THE DEFENDANT LEVERAGE
JURY GUARANTEES OF FAIRNESS Random sampling Right of challenge and self-withdrawal Quantity 12 + 2 deputies Taking the oath Secrecy of the deliberation room Principle of non-disclosure RIGHTS AND OBLIGATIONS OF THE JURIES Participation in the investigation Examination of documents and material evidence Keeping a record of the meeting Answers to the questions of the question sheet VERDICT - DECISION OF THE Jury
Question 1. The definition of acts dangerous to the individual, society and the state as criminal and the establishment of types of punishments for their commission is the prerogative of the law of the Labor Criminal Family Civil
Question 2. Evasion from service in the Armed Forces of the Russian Federation entails responsibility under the Constitution of the Russian Federation of the Code of Administrative Offenses of the Civil Code of the Russian Federation of the Criminal Code of the Russian Federation
Question 3. Can an acting judge be a deputy of a representative body at the same time Cannot Can Be a deputy, but only State Duma Can only be a deputy of a representative body of a subject of the federation
Question 4. The police in the Russian Federation is structural unit Ministry of Internal Affairs Prosecutor's Office Ministry of Justice Ministry of Defense
Question 5. public organization providing professional legal services population, whose members represent the interests of the defense in court, is the Prosecutor's Office Ministry of Justice Advocacy Notariat
Question 6. Are the following judgments about Russian lawyers correct? A) A lawyer cannot work in government bodies B) Russian lawyers are not entitled to represent the interests of foreign citizens and organizations Only A is correct Only B is correct Both A and B are correct Both statements are incorrect
Question 7. Establish compliance Measures of legal liability A) imprisonment B) reprimand C) warning D) corrective labor E) dismissal Types of legal liability criminal-legal disciplinary A B C D E
Question 8. Which of the following offenses will entail criminal liability? A. broke a window in a commuter train N. stole video equipment from a neighbors' country house R.'s management violated the terms of the contract with partners The employer unreasonably refused M. to conclude a written employment contract
Question 9. What word is missing in the table? Type of legal liability Measures Disciplinary Warning, reprimand, dismissal, etc. ? Deprivation of liberty, confiscation of property, etc.
Question 10. The victim, the accused, the lawyer, the judge
Question 11. The party making demands in criminal proceedings is the Prosecutor The accused The lawyer
Question 12. The District Court considered the theft case. Ivan was aware of certain circumstances that are important for the investigation and resolution of this case. Ivan was subpoenaed to testify as an Expert Witness Specialist Witness
Question 13. Returning from a business trip, citizen L. discovered that his apartment had been robbed. Where should citizen L. apply? To the lawyer To the notary To the court To the department of internal affairs
Question 14. What word is missing in the table? Participant in criminal proceedings Characteristics Accused Person charged? The person supervising the investigation and inquiry and supporting the prosecution in court
Question 15. Which of the following situations illustrates an offense? Yuri did not give up his seat on the bus to a disabled person Ivan paid the rent two days later due date Mark, having met his teacher on the street, did not say hello to him. Pavel, while driving a car, exceeded the speed limit on a certain section of the road
