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Abstract
The article is devoted to the analysis of experience of Anglo-American and continental legal system countries as to including the public into administration of justice as jurors. The studied form of criminal legal procedure is one of the most disputable, as it is dependent not only and not as much on the criminal-procedural legislation development, as on the condition of judicial system, its efficiency, democratization and humanization of criminal justice. Besides, the jury trial institution has not only legal but also social significance, because it is a form of the public control over observance of criminal law serving as a guarantee against abuse on the part of the state. The research objective is to comprehensively analyze the features of judicial investigation with participation of jurors in the Anglo-American and continental legal system countries, to reveal the positive experience, and to evaluate the possibility of its implementation in the Russian legal framework taking into account the dynamics of criminal-procedural legislation development. The leading research method is comparative-legal method used for studying the foreign legislation regulating the order of judicial investigation with participation of jurors. Analysis of the data on complicated form of judicial investigation is based on statistical method, and analyzing 32 criminal cases investigated by jury trial. It was concluded that the Russian model of judicial investigation with the jurors significantly differs from the foreign analogs; given the significant differences of the subject and structure, it can be defined as a composite one, combining the features of Anglo-American and continental law models. The article materials may serve as a basis for constructive academic discussion, for further insights into the issues of implementation of the citizens’ constitutional right for administering justice, and for elaboration of practical recommendations on implementation of Article 42 of the Russian Criminal-Procedural Code and clarification of certain normative provisions.
References
Vetrova, G. N. (2012). Mesto i rol suda prisyazhnykh v sisteme sudebnykh protsedur [Place and role of the jury trial in the system of judicial procedures]. Criminal-procedural legislation of the Russian Federation in 20012011: Collection of scientific works. Ed. by I. B. Mikhailovskaya. Moscow, Prospekt.
Bagautdinov, F. N., Belyaev, M. V. (2017). Podgotovka k novomu etapu razvitiya suda prisyazhnykh v Rossii [Preparing for the new stage of developing the jury trial in Russia]. Russian Justice, 1, pp. 3233.
Stanley, Eric G. (2000). Imagining the Anglo-Saxon Past: The Search for Anglo-Saxon Paganism and Anglo-Saxon Trial by Jury. Cambridge: D.S. Brewer.
Marder, Nancy S. (2001). Juries and Technology: Equipping Jurors for the Twenty-First Century. Brooklyn Law Review, December, pp. 12571299.
The Federal Rules of Evidence were adopted by order of the Supreme Court on Nov. 20, 1972 transmitted to Congress by the Chief Justice on Feb. 5, 1973, and to have become effective on July 1, 1973. Pub. L. 93–12, Mar. 30, 1973, 87 Stat. 9. Date Views 13 June 2017.
The Criminal Justice and Courts Bill 2013–14 is a bill introduced currently standing before the Parliament of the United Kingdom. It was introduced to the House of Commons on 5 February 2014 by Secretary of the State for Justice. Date Views 15 June 2017.
Burnham, William (1995). Introduсtion to the Law and Legal System of the U.S. West Publisher Corp.
Cross, R. (1958). Evidence. 5-th ed. London.
Dzhabrailov, M. A. (2013). Perspektivniye napravleniya razvitiya suda prisyazhnykh v Rossii [Prospective directions of developing the jury trial in Russia]. Russian Investigator, 4, pp. 4044.
Ilyin, A. V. (2004). Osobennosti struktury sudebnogo razbiratelstva s uchastiyem prisyazhnykh zasedateley: dis. kand. nauk [Features of the stricture of judicial investigation with participation of jurors: PhD (Law) thesis]. Vladimir.
Butov, V. N. (1988). Ugolovniy kodeks Avstrii [Criminal Code of Austria]. Krasnoyarsk, Krasnoyarsk University Publishers.
Kaminskaya, V. I. (ed.) (1997). Ugolovno-protsessualniy kodeks Fratsii 1958 goda (s izm. i dop. na 01.01.1995g.) [Criminal-Procedural Code of France (with amendments and additions as of 01 January 1995]. Transl. from French by S. V. Bobotov. Moscow, Progress.
Golovko, L. V. (ed.) (2009). Ugolovno-protsessualniy kodeks Avstrii 1975 goda (s izm. i dop. na 01.01.2008g.) [Criminal-Procedural Code of Austria (with amendments and additions as of 01 January 2008)]. Moscow.
Mittermayer, K. (1869, 1971). Evropeyskiye i americanskiye sudy prisyazhnykh, ikh deyatelnost, nedostatki i sredstva k ustraneniyu etikh nedostatkov [European and American jury trials, their activities, drawbacks and means to eliminate these drawbacks]. Transl. from the latest German edition: Iss. 1 – 1869; Iss. 2 – 1971, Iss. 1–2. Moscow, D. Dril.
Nasonov, S. A. (1999). Sudebnoye sledstviye v sude prisyazhnykh: osobennosti i problemniye situatsii (teoriya, zakonodatelstv, praktika): dis. kand. nauk [Judicial investigation in a jury trial: features and problem situations(theory, legislation, practice): PhD (Law) thesis]. Moscow.
Arsenyev, K. K. (1871). Sudebnoye sledstviye. Sbornik prakticheskikh zametok [Judicial investigation. Collection of practical comments]. Saint Petersburg, Typography of V. Demakov. Accessed at: http://lawlibrary.ru/izdanie46871.html (Access date: 08 June 2017).
Excessive Background Checks Conducted on Prospective Jurors: A Special Investigation Report (2009). Information and Privacy Commissioner, p. 29. Ontario, Canada. Accessed at: www.ipc.on.ca/images/Findings/po-2826-cover+toc.pdf. Date Views 11 June 2017.
Bykov, V. M. (2013). Problemy suda s uchastiyem prisyazhnykh zasedateley [Problems of trial with participation of the jury]. Russian Justice, 7, pp. 4145.
On amendments in the Criminal-Procedural Code of the Russian Federation related to the broadened implementation of the jury institution: Federal Law of 23 June 2016 No. 190-FZ. “KonsultantPlus” (Access date: 07 June 2017)
Pollock, F., and Maitland, F.W. (1998). The History of English Law. Vol. 2. Cambridge University Press.
Tissen, O. N. (2009). K probleme okazaniya vozdeystviya na prisyazhnykh zasedateley [On the issue of influencing the jurors]. Russian Justice, 10, pp. 6467.
Baskov, V. I. (1994). Podderzhaniye gosudarstvennogo obvineniya v sude prisyazhnykh [Maintenance of state accusation in the jury trial]. Bulletin of Moscow University, Series 11, Law, 5, p. 74.
Nikonov, M. (2014). Osobiy poryadok VS suda prisyazhnykh [Special order VS jury trial]. EZh Yurist, 5. Accessed at: http://base.garant.ru/57598072/ (Access date: 09 June 2017).
Nemytina, M. V. (1995). Rossiyskiy sud prisyazhnykh [Russian jury trial]. Moscow, Bek Publishers