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Procedural law: criminal procedure Brichenko L.V., teacher of the highest qualification category, State Budgetary Educational Institution Secondary School No. 262 St. Petersburg 2013
STRUCTURE of the Criminal Procedure Code
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 (judge's report, hearing of the parties, investigation of circumstances, debate, conference, sentencing) Appeal Task: PUNISH THE GUILTY
CRIMINAL PROSECUTION
PRINCIPLES OF CRIMINAL PROCEEDINGS
PARTICIPANTS IN THE PROCESS
Distinctive features of the criminal process Lines of comparison Civil process Criminal process Who makes demands Plaintiff Victim Who is responsible Defendant Accused Who makes the decision Judge Judge, panel of 3 judges, jurors What is the name of the decision Decision (ruling) Verdict (jury verdict) Who implements the decision Bailiff service Penitentiary authorities Preventive measures Pronouncement not to leave, restriction of movement, writ of execution Correctional colony, maximum security colony
EVIDENCE IS A KEY ELEMENT OF THE PROCESS EVIDENCE REPORTS DOCUMENTS AUDIO RECORDINGS VIDEO RECORDINGS THINGS The burden of proving guilt lies with the prosecution Evidence obtained in violation of the law is not valid
MEASURES OF PROCEDURAL COERCION: DETENTION OF A PERSON CAUGHT AT THE SCENE OF A CRIME AT THE DIRECTION OF VICTIMS OR WITNESS UNKNOWN PLACE OF RESIDENCE UNIDENTIFIED
PRESTRICTIVE MEASURES FOR THE ACCUSED NOTE TO LEAVE PERSONAL GUARANTEE HOUSE ARREST BAIL DETECTION – TWO MONTHS (only by court decision, if the article implies a punishment of more than 2 years, or it is impossible to apply a more lenient measure)
PRE-TRIAL PROCEEDINGS REASON: Statement, report of a crime, confession BASIS: Presence of signs of a crime FORMATION: Resolution to initiate a criminal case
PRELIMINARY INVESTIGATION INQUIRY (by order of the investigator) Interrogation Confrontation Identification Seizure (seizure) Resolution to charge as an accused INVESTIGATION (by court decision) Pre-trial charge Detention House arrest Establishing control Wiretapping Search All actions of the investigative authorities are recorded
RIGHTS OF THE ACCUSED Familiarization with the CASE (recorded in the protocol) APPEALING APPEALING Officials are responsible for the illegal use of coercive measures (Article 31 of the Criminal Code of the Russian Federation), threats, violent actions, illegal detention, bringing innocent people to criminal liability, etc. For victims in this case, the damage is compensated (Article 1070 of the Civil Code of the Russian Federation).
ACTIONS OF THE PROSECUTOR Check the case Make changes Return the case for further investigation Terminate the case if there are grounds Approve 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 a crime Absence of guilt
JUDICIAL PROCEEDINGS
VERDICT Passed in the name of the Russian Federation Must be legal, justified, fair Comes into force after 10 days Can be appealed in cassation or appeal, as well as in the supervisory order
Cassation proceedings, also cassation (Latin cassatio - “cancellation, destruction”) Verification by higher courts of the legality and validity of court decisions that have or have not entered into legal force. In Russia, it is carried out in accordance with the criminal procedure, civil procedure and arbitration procedural codes of the Russian Federation.
An appeal (from the Latin appellatio - appeal, search for justice) in jurisprudence is a verification procedure. A review by a higher authority of an appealed non-final verdict of a lower court on its grounds, both factual and legal, but within the limits of the complaint brought. The appellate instance, like the first, considers the case on its merits and makes a verdict on it, completely replacing the verdict of the lower court, although the content may be identical with it.
COURT OF JURY Considers cases of especially serious crimes Cases within the competence of regional and regional courts Invited at the request of the accused Ensure fair punishment for the criminal ROLE OF THE JURY - TO DETERMINE WHETHER THE EXISTENCE OF A CRIMINAL ACT IS PROVEN OR THE INVOLVEMENT OF THE DEFENDANT IN THE CRIME IS THE DEFENDANT GUILTY OF COMMITTING A CRIME DESERVED? WHETHER THE DEFENDANT IS LENIFF
Board of jurors of justice method of random sample the right to withdraw and self -excerpt. The amount of 12 + 2 spare oath is the secret of the Advisory room The principle of non -disclosure of the right and the obligation of the jurors participation in the study of the inspection of documents and material evidence of the register of the meeting on the question of the questionnaire verdict - the resolution of the jury is an excuse
Question 1. Defining acts dangerous to the individual, society and the state as criminal and establishing types of punishment for their commission is the prerogative of the law Labor Criminal Family Civil
Question 2. Declining service in the Armed Forces of the Russian Federation entails liability under the Constitution of the Russian Federation Code of Administrative Offenses of the Civil Code of the Russian Federation of the Criminal Code of the Russian Federation
Question 3. Can a current judge simultaneously be a deputy of a representative body? Can’t? Can’t? Can be a deputy, but only of the State Duma? Can be a deputy only of a representative body of a subject of the federation
Question 4. The police in the Russian Federation are a structural unit of the Ministry of Internal Affairs of the Prosecutor's Office of the Ministry of Justice of the Ministry of Defense
Question 5. A public organization that provides professional legal services to the population, whose members represent the interests of the defense in court, is the Prosecutor's Office Ministry of Justice Bar Notary
Question 6. Are the following judgments about Russian lawyers true? A) A lawyer cannot work in government agencies B) Russian lawyers do not have the right to represent the interests of foreign citizens and organizations Only A is correct Only B is correct Both A and B are correct Both judgments are incorrect
Question 7. Establish compliance Measures of legal liability A) imprisonment B) reprimand C) warning D) correctional labor E) dismissal Types of legal liability criminal law 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 car N. stole video equipment from a neighbor’s country house Management of the company R. Violated the terms of the contract with partners The employer unreasonably refused M. to conclude a written employment contract
Question 9. Which word is missing in the table? Type of legal liability Measures Disciplinary Warning, reprimand, dismissal, etc. ? Imprisonment, confiscation of property, etc.
Question 10. The prosecution in a criminal trial includes the Victim, the Accused, the Lawyer, the Judge.
Question 11. The party making demands in criminal proceedings is the Prosecutor, the Accused, the Lawyer, the Victim
Question 12. The district court considered a theft case. Ivan was aware of some circumstances that were important for the investigation and resolution of this case. Ivan was summoned to court to testify as an Expert Witness Specialist Witness
Question 13. Having returned from a business trip, citizen L. discovered that his apartment had been robbed. Where should citizen L. turn? To a lawyer To a notary To the court To the internal affairs department
Question 14. Which word is missing in the table? Participant in criminal proceedings Characteristics Accused Person who has been charged? The person who supervises the investigation and inquiry and supports the prosecution in court
Question 15: Which of the following situations illustrates an offense? Yuri did not give up a seat on the bus to a disabled person Ivan paid the rent two days later than the due date Mark, having met his teacher on the street, did not greet him Pavel, while driving a car, exceeded the speed limit on a certain section of the road
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Presentation on the topic: Jury trial in Russia
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There is currently a lot of debate about whether Russia needs a jury, and who has or does not have the right to judge. Trial by jury: \"court of the street\" or \"court of honor"? "The wise and humane French law, built on the principle that it is better to acquit the guilty than to convict the innocent, found in the institution of the jury a guarantee of justice, to which mercy, philanthropy and sympathy, he wants to judge human actions humanly” Seven F. Legislation of Napoleon I. *
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A jury trial is not an independent permanent judicial institution, but a special form of court, a collegial presence consisting of two or three crown (professional) judges and 12 local residents (jurors), temporarily called to court to decide the guilt of the defendant on the basis their life experience and sense of justice. If the jury returns a “not guilty” verdict, the defendant is released in the courtroom. If the verdict is “yes, guilty,” professional judges assign him a punishment. *
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“... in the most important cases, the judiciary calls upon society, in the person of jurors, for help, and says to this society: “I did everything I could to find out the evil deed of the person I am putting before your court, now say your word.” self-defense or point out to me that while protecting you, I was mistaken about his guilt” A.F. Koni, 1872. Have you heard before about A.F. Horses? How do you understand his statement? *
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The prototype of the modern jury should be considered the Athenian court of heliasts (from the word “helieia” - “people's assembly”), as well as the comitia (elected meetings of citizens) in Ancient Rome. Then, over the centuries, trial by jury will be revived in medieval Europe (more precisely, in Norman England), and then, in modern times, it will spread to other continents. *
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New judicial institutions were created by the imperial manifesto of November 20, 1864. It also emphasized that the power of the newly created courts extends “to persons of all classes and to all cases, both civil and criminal.” At the same time, a number of special courts were preserved - spiritual, military, commercial, volost for peasants and “foreign” ones. Publicity, orality and competitiveness of the process - this is what was now on the shield. Portrait of Alexander II *
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The “fathers” of jury trials in Russia were prominent lawyers D.A. Rovinsky, S.I. Zarudny and N.A. Burtsovsky, who developed in detail the articles of legislation on it. At the same time, both foreign experience in the activities of the court with the participation of a jury trial, and the peculiarities of national history and mentality were taken into account. *
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Jurors increasingly showed their independence from the administration, which led the government to the need to change legislation. In a circular from the Ministry of Justice dated February 28, 1874, it was noted to the chairmen of district courts that in some district courts the percentage of acquittals was 40 - 50%. From 1878 to 1889, a number of laws were adopted that changed the Judicial Statutes of 1864, the jurisdiction of the jury was significantly reduced, and cases of resistance to authority, murder and attempted murder of officials were removed from the jurisdiction of the jury. *
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The existence of unfair verdicts cannot be denied. HELL. Popova correctly notes that the legal consciousness of the jury was a reflection of ordinary legal consciousness, so sometimes it was difficult for the prosecution to defend its position: the act for which the defendant was tried might not be perceived as criminal. *
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The jury panel is composed of twelve main and two reserve assessors. Anyone who has reached 25 years of age, has no criminal record, and is a capable citizen can become a member of a jury. The following cannot serve as jurors: law enforcement officers; judges; military personnel; clergy; heads of government bodies and their deputies; persons who do not speak the language of legal proceedings; people over 70 years old; disabled people or persons who have physical or mental disabilities that prevent them from understanding what is happening in the courtroom. *
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“I swear to fulfill my duties honestly and impartially, to take into account all the evidence, arguments, circumstances of the case considered in court and nothing other than them, to resolve the case according to my inner conviction and conscience, as befits a free citizen and a fair person.” How do you understand these words ? *
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whether it has been proven that the act took place; whether it has been proven that the defendant committed this act; whether the defendant is guilty of committing this act. In Ancient Greece, jurors in court hearings were blindfolded so that they could not see the face of the criminal - since then Themis has been depicted with a blindfold. In some American states, the jury and the defendant are separated by frosted glass - they can only hear each other. A similar practice exists in modern Russia. Neither the state prosecutor nor any other participant in the process has the right to talk about the identity of the defendant. Jurors can only work with documents obtained within the limits of the law (which is why they are prohibited from conducting their own investigation of a crime) *
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“They say that trial by jury is currently impossible in our country because the people are not sufficiently developed for this institution. I don't understand this objection at all. What does it mean to be underdeveloped, and what degree of development is needed to visually judge a fact according to conscience and common sense? This is exactly what the jury needs, and the Russian people, of course, lack neither common sense nor conscientiousness.” - this is what the prominent public figure and famous Russian lawyer A.M. Unkovsky wrote during the period of disputes and doubts that unfolded in Russian society at the time of the introduction of the institution of jury trials. * Do you agree with this judgment? Justify your point of view.
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Lawyer Henry Reznik “The jury trial has no equal as a means of overcoming the passivity and indifference of people”: interview with Henry Reznik IA REGNUM Constitution of the Russian Federation: Art. 20 provides for a citizen’s right to a jury trial, Part 4 of Art. 123 - participation of jurors in criminal proceedings. Unfortunately, these articles come with some caveats that significantly reduce their effectiveness. *
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A jury acquitted the suspects in the murder of the editor-in-chief of the Russian version of Forbes magazine, Paul Klebnikov. Loud statements were made that the system of “people’s” justice in Russia does not actually work, and participants in court proceedings are simply manipulating the votes of jurors, writes Novye Izvestia. . The jury acquitted Igor Poddubny and Evgeny Babkov, suspected of organizing a criminal community. The entrepreneurs were released right in the courtroom. A week later, the former defendants were seen in a restaurant, feasting with the assessors. In the case of Arbitration Court judge Tatyana Frolova, who was shot by an unknown young man on her way to work, the investigation lasted four years. As a result, the victim’s husband, accused of ordering his wife’s murder, an alleged killer and an intermediary ended up in the pre-trial detention center. According to the prosecution, there was enough evidence to put all three behind bars. The jury, however, found all three not guilty. *
The jury displays a rare level of integrity and is not afraid of pressure. - the case of the former head of the Budennovsky GROVD Ruslan Gevorkyan. It was heard for almost three years. These are hundreds of very complex episodes, the jury was under pressure from lawyers... Therefore, it was very difficult to retain the jury until the end of this grueling process. Nevertheless, all gang members received long real sentences. During the nine months that the murder trial of the deputy chairman of the Central Bank Andrei Kozlov was going on, ten jurors were excluded from the panel; some jurors did not show their best side. Despite endless complaints and petitions, which usually lead to the complete collapse of the board, the assessors managed to fulfill their civic duty and render a verdict. *
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Street Court Court of Honor 1. acquittal in the case of Vera Zasulich as an example of the unsuitability of this form of justice for Russia. more than 20% of jury verdicts are acquittals 1. a jury acts as a means of resolving non-standard situations, where, due to the severity of the possible consequences, it is more dangerous to sin against justice than against the dictates of an abstract legal norm\". the presumption of innocence actually operates 2. a jury is unprofessional , expensive, outdated, a relic of the "street court". 2 A jury provides a defendant who accidentally finds himself in the dock with a greater chance of acquittal, more reliably than in an ordinary court, it protects the rights and freedoms of a person and a citizen from illegal and unfounded accusations. due to the fact that the procedural form of a jury trial ensures more consistent compliance with the following democratic principles when considering and resolving a case, guaranteeing respect for the rights and legitimate interests of the accused 3. verdicts of jury trials are quite often overturned by the Cassation Chamber of the Supreme Court of the Russian Federation due to procedural errors. 3. jury trial helps to protect professional and non-professional judges from illegal influence of interested parties, *
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“Not long ago, one publicist dared to call jury trials a “street.” But contrary to the author’s intentions, I see in this word not humiliation or desecration of the jury, but such a characteristic of it, which aptly combines perhaps the most precious features of this court. And, really: let you be the street! We are happy about this. There is fresh air on the street: we are all there without distinction, eminent and insignificant; there we are all equal, because in front of the people we feel safe; on the street no one will allow themselves to be shameless. On the street they will help a sick person, stop an offender, detain a running thief! When there is trouble in your home - robbery, murder, fire - where to run for help? Out to the street” Judicial speaker Andreevsky The principle of “trial of fact” is at the same time both the strong and the weakest side of the jury. It is clear that in many cases it is simply illogical to deprive the jury of the opportunity to learn anything about the identity of the defendant. But this is the law, and they are forced to fulfill it. *
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9th grade student Sofia Bazhanova is interested in jurisprudence. This is her second development dedicated to the fundamentals of law. Trial by jury is a topic that is not included in the topics studied in the social studies curriculum. This development is a topic that expands the knowledge of modern students in judicial law. The work reveals the history of the creation of jury trials in Russia, and prepared material for the development of students' research competencies. This presentation is not a simple presentation of facts, but provides an opportunity to develop the ability to analyze, think, reason, and make an assessment based on the facts presented, that is, it encourages students to develop the student competencies needed today in the 21st century. The author used rich methodological material, Internet sources, and literature. During the presentation, the question was solved to find different points of view on the problematic issues posed and the fundamental question of the topic. *
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http://gazeta.aif.ru/_/online/longliver/50/05_01 Jury trial: pros and cons http://www.echo.msk.ru/programs/sorokina/555590-echo/ Echo Moscow. Is a jury trial necessary in Russia? http://www.zakonia.ru/others/1490?menu=320 Jury trial. Legal portal. http://www.youtube.com/watch?v=VFYfvNfKyFw video “Does Russia need a jury trial?” http://ru.wikipedia.org/wiki/%D0%A1%D1%83%D0%B4_%D0%BF%D1%80%D0%B8%D1%81%D1%8F%D0%B6%D0 %BD%D1%8B%D1%85 Wikipedia “Trial by Jury” History http://www.opengaz.ru/issues/48-336/court.html Court of conscience or court of honor? *
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Lobanov Mikhail Pupil 9 "B" class Manistina Vera Pupil 9 "B" class Jury trial
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury trial in Saratov Conclusion
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury court in Saratov Conclusion Jury court Judge Jurors
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury trial in Saratov Conclusion Has a crime been committed? Did the defendant take part in the commission of the crime? Is he guilty? Main questions:
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury trial in Saratov Conclusion Before the meeting, none of the jurors knows anything about the defendant.
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury trial in Saratov Conclusion Today, jury trials also take place in Saratov.
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury trial in Saratov Conclusion A jury trial is necessary, since it is the golden mean between the prosecution and the defense, on which the final verdict depends.
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The jury trial is one of the institutions of the judicial system that embodies the principle of direct participation of the people in the administration of justice. Concept Composition Goals, objectives Principles of activity Jury court in Saratov Conclusion Glossary of terms Courts of general jurisdiction are judicial bodies that operate throughout the Russian Federation to administer justice in civil, criminal cases, as well as in cases of administrative offenses. These courts are called courts of general jurisdiction, since their competence includes consideration and resolution of the vast majority of legal disputes, both in quantitative terms and in the breadth of legal relations.
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The presentation on the topic “Trial by jury” (grade 11) can be downloaded absolutely free on our website. Project subject: Social studies. Colorful slides and illustrations will help you engage your classmates or audience. To view the content, use the player, or if you want to download the report, click on the corresponding text under the player. The presentation contains 12 slide(s).
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Jury trial
This is an institution of the judicial system, consisting of a bench of jurors, randomly selected 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 US states, juries can only make decisions unanimously. In others - by a simple or qualified majority. Also in some countries, juries recommend the use of capital punishment or the presence of mitigating circumstances. However, the issue of choosing a punishment is always decided only by the judge.
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In a criminal trial, the jury usually reaches a verdict on the defendant's guilt or innocence; in a civil trial, they decide only a question of fact. Jurors are selected under certain conditions. The judge is obliged to relieve the following from jury duty: those suspected or accused of committing crimes; persons who do not speak the language in which legal proceedings are conducted; mute, deaf, blind and other disabled persons; those who have recused themselves if the reasons for their recusal prevent them from performing their duties as jurors.
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A juror has the right:
1) to participate in the study of all the evidence considered in court in order to gain the opportunity to independently, with one’s own inner conviction, evaluate the circumstances of the case and give answers to the questions that will be posed to the jury; 2) ask questions to the defendant, victim, witnesses, experts through the presiding judge; 3) participate in the inspection of material evidence, documents, in the inspection of the area and premises, and in all other investigative actions carried out in court; 4) ask the presiding judge to explain the norms of law related to the case, the contents 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 hearing.
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A juror must not:
1) be absent from the courtroom during the hearing of the case; 2) communicate about 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
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Jury trial in Russia
In Russia, jury trials operated from 1864 to 1917. The institution of jury trials was reintroduced in Russia in 1993 with the adoption of amendments to the Code of Criminal Procedure of the RSFSR. Since 1993, jury trials began to operate in 9 regions of Russia: Moscow, Ryazan, Saratov, Ivanovo, Ulyanovsk and Rostov regions, Stavropol, Altai and Krasnodar territories. Later, jury trials appeared in other regions, and since January 1, 2010, the institution of jury trials has been operating in all regions of Russia.
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Article 105. Murder. Article 126. Kidnapping. Article 131. Rape. Article 263. Violation of traffic safety rules and operation of railway, air or water transport. Article 267. Rendering of transport means or means of communication unusable.
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A not guilty verdict is considered accepted if at least six jurors vote in favor of a negative answer to any of the three questions. Answers to other questions are determined by a simple majority vote of the jurors. If the votes are equally divided, then the answer most favorable to the defendant is accepted. The jury foreman announces the verdict in the courtroom.
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The jury trial ends with the judge's decision. According to the Code of Criminal Procedure of the Russian Federation, it makes one of the following decisions:
resolution to terminate the criminal case in cases provided for in Art. 254 Code of Criminal Procedure of the Russian Federation; acquittal in the case where the jury gave a negative answer to at least one of the three questions specified in Part 1 of Art. 339 of the Code of Criminal Procedure of the Russian Federation, or when the presiding judge recognized the absence of signs of a crime in the act;
conviction (with the imposition of punishment; without the imposition of punishment; with the imposition of punishment and release from it) in accordance with Articles 302, 307, 308 of the Code of Criminal Procedure of the Russian Federation; a resolution to dissolve the jury and to send the case for a new trial by a different court in the case where, in the opinion of the presiding judge, there are grounds provided by law for an acquittal, despite the guilty verdict of the jury.
This is an institution of the judicial system, consisting of a bench of jurors, randomly selected 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 US states, juries can only make decisions unanimously. In others, by a simple or qualified majority. Also in some countries, juries recommend the use of capital punishment or the presence of mitigating circumstances. However, the issue of choosing a punishment is always decided only by the judge.
In a criminal trial, the jury usually reaches a verdict on the defendant's guilt or innocence; in a civil trial, they decide only a question of fact. Jurors are selected under certain conditions. The judge is obliged to relieve the following from jury duty: those suspected or accused of committing crimes; persons who do not speak the language in which legal proceedings are conducted; mute, deaf, blind and other disabled persons; those who have recused themselves if the reasons for their recusal prevent them from performing their duties as jurors.
A JUROR HAS THE RIGHT: 1) to participate in the study of all evidence considered in court in order to be able to independently, according to his own inner conviction, evaluate the circumstances of the case and give answers to questions that will be put to the jury; 2) ask questions to the defendant, victim, witnesses, experts through the presiding judge; 3) participate in the inspection of material evidence, documents, in the inspection of the area and premises, and in all other investigative actions carried out in court; 4) ask the presiding judge to explain the norms of law related to the case, the contents 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 hearing.
TRIAL BY JURY IN RUSSIA In Russia, the trial by jury operated from 1864 until the Institute of trial by jury was reintroduced in Russia in 1993 with the adoption of amendments to the Code of Criminal Procedure of the RSFSR. Since 1993, jury trials began to operate in 9 regions of Russia: Moscow, Ryazan, Saratov, Ivanovo, Ulyanovsk and Rostov regions, Stavropol, Altai and Krasnodar territories. Later, jury trials appeared in other regions, and since January 1, 2010, the institution of jury trials has been operating in all regions of Russia.
TO THE CATEGORY OF CASES TRIAL BY JURY. Article 105. Murder. Article 126. Kidnapping. Article 131. Rape. Article 263. Violation of traffic safety rules and operation of railway, air or water transport. Article 267. Rendering of transport means or means of communication unusable.
A not guilty verdict is considered accepted if at least six jurors vote in favor of a negative answer to any of the three questions. Answers to other questions are determined by a simple majority vote of the jurors. If the votes are equally divided, then the answer most favorable to the defendant is accepted. The jury foreman announces the verdict in the courtroom.
A JURY TRIAL ENDS WITH THE DECISION OF THE JUDGE. ACCORDING TO THE RF Criminal Procedure Code, HE MAKES ONE OF THE FOLLOWING DECISIONS: a decision to terminate the criminal case in cases provided for in Art. 254 Code of Criminal Procedure of the Russian Federation; acquittal in the case where the jury gave a negative answer to at least one of the three questions specified in Part 1 of Art. 339 of the Code of Criminal Procedure of the Russian Federation, or when the presiding judge recognized the absence of signs of a crime in the act; conviction (with the imposition of punishment; without the imposition of punishment; with the imposition of punishment and release from it) in accordance with Articles 302, 307, 308 of the Code of Criminal Procedure of the Russian Federation; a resolution to dissolve the jury and to send the case for a new trial by a different court in the case where, in the opinion of the presiding judge, there are grounds provided by law for an acquittal, despite the guilty verdict of the jury.
