It happens that unexpectedly a citizen receives a letter, summons or telegram that he is obliged to appear in court as a judge. Some perceive this as a civic duty and unconditionally fulfill their responsibilities. Others, for various reasons, do not want or cannot participate in the trial.
Who is it?
So, first you need to find out who such jurors are? This term refers to judges (but not professional) who are included in the lists of jurors and are involved in judicial review of criminal cases in the manner prescribed by law.
It is important to know that with jury participation only criminal cases can be considered and only for those crimes that belong to the categories of grave and especially grave. The jury itself can be appointed solely on the initiative of the accused.
When investigating criminal cases, professional judges resolve issues that require special legal knowledge and qualifications. Unprofessional judges (the jury is randomly selected from among ordinary citizens) issue a verdict on the guilt or lack of guilt of the defendant in the act in question. At the same time, the jury takes its decisions on the basis of a subjective assessment of what is happening and regardless of the position and opinion of qualified judges.
The jury does not issue a final verdict. That is, they cannot determine the term of punishment, the qualification of the deed and other legally significant points. The specified powers are assigned only to a qualified judiciary.
A bit of history
The history of jury trials in Russia dates back to 1767. It was this year that a decision was made to establish this court. Finally, the question of organizing the institute was adopted only in 1864. In many respects this was facilitated by the then judicial reform.
When the Bolsheviks came to power in the country, the jury was immediately abolished. And his existence ceased in 1917. And only after a large number of decades, this institution was revived and finalized. It was then that it was established that the jury would consist of twelve jurors (plus two substitutes in case of illness or other unforeseen situation that a jury from the main staff had).
Jury selection
Not everyone can get a subpoena as a jury. Candidates are randomly selected from pre-prepared lists. These lists are compiled once every four years. They are compiled by local executive authorities. In this case, two lists are always compiled: general and reserve (in case of impossibility of participation of a citizen from the main list).
The chairman of the relevant regional judicial body annually informs the administration about how many jurors may be required for the normal functioning and administration of justice. Based on the information provided, the executive authorities select the required number of applicants.
Candidate Requirements
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:
- Permanent residents of the country.
- Reached 25 years of age.
- Not registered in narcological and psychiatric dispensaries.
- Being fully competent.
- Not suspects and accused at the time of compilation of the lists.
Responsibilities
Persons involved in a trial in a criminal case are vested with the following powers and duties:
- The study of all the circumstances of the crime, the study of material evidence (including listening to audio and video recordings, examination of objects and instruments of crime).
- Presence during investigative measures, the need for which may arise during the trial in court.
- The announcement of the merits of the criminal case (through the presiding).
- Keeping notes that you will subsequently need to make a decision in the deliberation room.
- The requirement for clarification of the current legislation, documents announced in court (also not directly, but through the presiding judge).
Credentials
The main function (primary authority) of jurors is to establish the guilt or innocence of a person in a crime incriminated to him.
The decision (in legal language - the verdict) is made by the indicated participants in the trial in the deliberation room, based on the results of the investigation of the materials of the criminal case, the study of all material evidence, the hearing of the victims, defense and prosecution witnesses, defense counsel for the defendant himself, as well as the opinion of the state prosecutor.
It is important to know that jurors of courts of general jurisdiction are not vested with the right to decide on the type and amount of the sentence itself. They answer only the question of whether the defendant is guilty or not.
In general, questions for the jury are formulated in such a way that they can give an unambiguous positive or negative answer. During the trial, they answer the following questions:
- Was the crime itself?
- Did the defendant commit it?
- Is he guilty?
Special authority
Why, then, do many defendants seek criminal cases through a jury trial? The final verdict, according to most of them, will be softer in this case, since the jury is endowed with the powers of indulgence.
According to the criminal procedure legislation, the defendant has the right to leniency due to the presence of extenuating circumstances. The decision on leniency is made by the presiding judge , taking into account the opinion of the jury.
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 taken by them on the basis of a subjective assessment and attitude to the personality of the defendant. For this reason, most of the accused rely on the humanity of these non-professionals and hope for a mitigation of the sentence.
What can not be done?
Jurors are full participants in criminal proceedings. In this regard, they are subject to a number of strict restrictions, which include prohibitions:
- to leave the courtroom during the trial;
- to collect information on the merits of the criminal case outside the courtroom;
- to express a subjective opinion on the case outside the walls of the deliberation room (that is, the jury does not have the right to express his personal opinion on the circumstances of the case during the trial);
- to violate the secrecy of the meeting and the vote (that is, the jury should not disclose information about who and how of the assessors voted and who expressed what opinion on the case).
Remuneration
So, will the jury receive any money for their work? Salary issued for the performance of the functions of the assessor or not? The answer to these questions is unambiguous and regulated by law.
Jurors receive remuneration for the performance of their duties. Salary is paid from the regional budget. The amount of the specified remuneration is calculated based on half of the official salary of the judge. At the same time, the remuneration cannot be less than the average salary of a citizen at the place of his official work (in proportion to the time spent on the hearing).
In addition, the jury is reimbursed for transportation costs associated with the trial, and travel expenses are returned (in accordance with the law governing similar provisions for judges).
The law also stipulates that while a citizen is in the trial as a jury at the main place of work, he cannot be fired (at the initiative of the head) or transferred to a lower or less paid position. The jury retains absolutely all benefits and guarantees at its main place of work.
Guarantees
Since the jury is considering criminal cases belonging to the categories of grave and especially grave, they and their family members may be subjected to moral or physical pressure.
Being full participants in the trial, assessors come under state protection. They become inviolable, and law enforcement agencies are obliged to protect the life and health of the jury, members of his family and the safety of his property.
According to the statement of these persons about pressure or threats associated with the consideration of a specific criminal case, state authorities immediately take a jury under their protection for the entire period of the judicial investigation.
Also, at the legislative level, it is forbidden to intervene in the activities of the jury when they administer justice.
Jurors during the exercise of their functions are subject to constitutional provisions that apply to judges. So, for example, they are guaranteed immunity and independence.
Is it possible to refuse?
Despite the fact that the exercise of the above functions is the civil duty of a citizen, the law on jurors provides for the possibility of refusal.
After a person has received a corresponding notice of appearance in court, he must, within fourteen days, apply with a written statement to the chairman of the court. The application must indicate specific reasons why a person cannot participate in court hearings.
So, if a citizen is still chosen by jury. How to refuse? There are a number of fixed situations in which such a fate can be avoided.
Refusal to participate in a jury trial may be accepted in the following legislatively established cases:
- A citizen has an unexpunged or outstanding conviction.
- A person is legally declared legally incompetent.
- A citizen is registered with a narcological or psychiatric medical institution (dispensary).
- Does not know the language of the trial.
- Age - 65 years and older.
- The presence of a disease or other physical ailment (necessarily documented), which prevents participation in the process.
- A citizen works as a judge, prosecutor, investigator, interrogating officer, notary, lawyer, officer of the bailiff service, customs authorities, bodies of the penal system, as well as a person engaged in private detective work.
- A person is a soldier or a clergyman.
In all of the above cases, the law on jurors allows you to refuse to fulfill the relevant duties of a jury.
In addition, the following citizens may be relieved of their duties by jury or by presiding judge upon their oral or written application:
- persons over sixty years old;
- women with children under the age of three.
Are you a jury member? How to refuse (on what grounds) can I still?
- According to religious beliefs.
- If the weaning of a person from his basic work duties can cause significant harm to public and state interests (doctors, airline pilots and others).
I do not want and I will not
What to do if you nevertheless chose a jury? How to refuse if there are no legal grounds for this?
Practice shows that it is enough to submit a medical certificate to the court testifying to the physical impossibility of participating in the proceedings (it is easy to get such a certificate from any local doctor, citing some symptoms, for example headaches, heart pains, general ill health). In court, the reliability of this certificate will be difficult to verify (and it is unlikely that anyone will do this).
You can also refer to your religious beliefs and worldview, according to which a citizen can not take part in deciding the fate of another person.
It is important that a citizen becomes a jury only after he takes an oath in the courtroom. From this moment he occupies this position officially and in case of non-appearance in the trial can be subjected to administrative punishment in the form of a fine, the amount of which is 25 minimum wages.
However, until the person has said the oath, he is simply a candidate for this position. And for candidates, the legislation does not provide for any liability.
Thus, if a citizen was nevertheless chosen as a jury, how to refuse - this is a rather simple question and has a solution both at the legislative level and at the practical level.
Total
A jury trial is a peculiar form of trial, in which not only qualified judges, but also ordinary citizens take part in deciding on the fault of the defendant.
This institution carries all the principles of democracy, according to which ordinary citizens of the country receive the right to formally and lawfully express their opinion on the merits of the criminal case.
Despite the fact that being a juror is a citizen’s civil duty, he has every right to refuse to perform the functions assigned to him. So, if you have chosen a jury, how to refuse, you already know.
The range of grounds on which a person is dismissed from the position of assessor is legislatively fixed and quite extensive. However, if a citizen has not taken the appropriate oath and is only a candidate for the specified position, he will not be held responsible for failure to appear in court.
For some, the performance of the above duties will be an interesting and honorable mission, which will also bring a pleasant monetary reward. Therefore, each citizen has the right to independently decide the question of whether he should fulfill the duties assigned by the state or refuse to fulfill them.