If invited to the jury, how to refuse? Legislative reasons for rejection

It happens that an unexpectedly unexpected citizen receives a letter, a summons or a telegram stating that he is obliged to appear in court as a lay judge. Some perceive this as a civic duty and unconditionally fulfill the duties assigned to them. Others, for various reasons, do not want or can not participate in the trial.

Who is it?

So, to begin with, it is necessary to find out who are such jury jurors? This term refers to judges (but not professional), who are included in the list of jurors and brought to participate in the judicial examination of criminal cases in accordance with the procedure established by law.

It is important to know that with jury participation only criminal cases can be considered and only for those crimes that are classified as grave and particularly serious. The jury itself can be appointed solely on the initiative of the accused.

When investigating criminal cases, professional judges resolve issues requiring special legal knowledge and qualifications. Unprofessional judges (selection of jurors at random from among ordinary citizens) render a verdict of guilt or the absence of the defendant's guilt in the act in question. At the same time, jury members take their decisions on the basis of a subjective assessment of what is happening and regardless of the position and opinion of qualified judges.

The jury can not pass a final verdict. That is, they can not determine the term of punishment, the qualification of the deed and other legally significant points. These powers are assigned only to a qualified judiciary.

A bit of history

The history of the jury in Russia dates back to 1767. It was in this year that a decision was taken to establish this court. Finally, the question of the organization of this institution was adopted only in 1864. In many respects, this was facilitated by the judicial reform that was being carried out .

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 finalized. It was then that it was established that the jury would consist of twelve jurors (plus two reserves in case of illness or other unforeseen situation that arose with the jury of the main staff).

Selection of jurors

Not everyone can get a summons to participate in court as a juror. Candidates are selected randomly from pre-prepared lists. These lists are formed once in four years. They are compiled by local executive authorities. In this case, two lists are always made: general and spare (in case the citizen can not participate in the main list).

The chairman of the relevant regional judicial authority annually informs the administration about how many jurors may be needed for the normal functioning and administration of justice. Based on the information provided, executive bodies select the required number of applicants.

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 post:

• Permanently residing in the country.
• Those who reached 25 years of age.
• Non-registered in narcological and psychiatric dispensaries.
• Being fully capable.
• Not at the time of the compilation of lists by suspects and accused.

Duties

Persons involved in the court hearing in a criminal case are granted the following powers and duties:

• Examination of all circumstances of the crime committed, investigation of physical evidence (including audition of audio and video recordings, inspection of objects and instruments of crime).
• Presence during the conduct of investigative measures, the need for which may arise during the trial in court.
• Announcement of questions on the merits of the criminal case (through the presiding officer).
• Record keeping, which will subsequently be needed to make a decision in the advisory room.
• The requirement to clarify the norms of the current legislation, the documents announced in the court of documents (also not directly, but through the presiding officer).

Credentials

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

The decision (in a legal language - a verdict) is made by the indicated participants in the trial in the advisory room, following the results of the investigation of the materials of the criminal case, the examination of all material evidence, the hearing of the victims, the witnesses of the defense and the prosecution, the defenders of the accused as well as the opinion of the public prosecutor.

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

In general, questions for juries are formulated in such a way that they can be given an unambiguous positive or negative answer. During the trial they answer the following questions:

1. Was the crime itself?
2. Did the defendant do it?
3. Is he guilty?

Special powers

Why do many defendants petition for the consideration of criminal cases through a jury trial? The final verdict, in the opinion of most of them, in this case will be softer, since the jury is empowered to condescend.

According to the criminal procedure legislation, the defendant has the right to leniency due to the presence of mitigating circumstances. The decision on indulgence is taken 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 to condescend is usually taken by them on the basis of a subjective assessment and attitude to the person of the defendant. For this reason, the majority of the accused count on the humanity of these nonprofessionals and hope to mitigate 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 court hearing;
• To collect information on the merits of the criminal case outside the courtroom;
• On the expression of the subjective opinion on the case outside the walls of the advisory room (that is, the juror has no right to express his personal opinion on the circumstances of the case during the judicial investigation);
• On violation of the secrecy of the meeting and voting (that is, the juror should not disclose information about who and how he voted from the assessors and who expressed what opinion on the case).

Remuneration

So, will they receive any money for their work by the jury? Salary is issued for the performance of the functions of the assessor or not? The answer to these questions is unambiguous and regulated by law.

For the performance of their duties, jurors receive remuneration. The salary is paid at the expense of the regional budget. The amount of this remuneration is calculated on the basis of half the official salary of the judge. At the same time, remuneration can not be less than the average salary of a citizen at the place of his official work (in proportion to the time spent at the hearing).

In addition, the jury is reimbursed for transport costs associated with the trial, and travel expenses are returned (in accordance with the law governing similar provisions for judges).

The law also provides that during the period when a citizen is in a trial as a juror at the main place of employment, he can not be dismissed (on the initiative of the head) or transferred to a lower or less paid position. The jury retains absolutely all the benefits and guarantees for its main place of work.

Guarantees

Since the jury is considering criminal cases related to the categories of grave and especially grave crimes, moral and physical pressure may be exerted on them and their family members.

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

Upon the application of the said persons on the pressure or threats connected with the consideration of a particular criminal case, the state bodies immediately take the juror under their defense for the entire period of the judicial investigation.

Also at the legislative level, it is prohibited to interfere with the activities of the jury in the administration of justice.

On the jury, during the performance of the functions assigned, constitutional provisions are applied that apply to the judges. For example, they are guaranteed immunity and independence.

Can I refuse?

Despite the fact that the performance of the above functions is a citizen's civil duty, the law on juries provides for the possibility of refusal.

After the person has received the appropriate notice of appearance in court, he must within fourteen days apply with a written application to the chairman of the court. The statement must specify the specific reasons why a person can not take part in court hearings.

So, if a citizen is nevertheless chosen as a juror. 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 can be adopted in the following legislatively established cases:

1. A citizen has an unexpunged or unpaid conviction.
2. The person is found in court to be legally incompetent.
3. A citizen is registered with a narcological or psychiatric medical institution (dispensary).
4. He does not know the language in which the trial is conducted.
5. Age - 65 years and older.
6. The presence of a disease or other physical ailment (necessarily documented), which interferes with participation in the process.
7. A citizen works as a judge, prosecutor, investigator, investigator, notary, lawyer, officer of the bailiff service, customs authorities, bodies of the penal system, as well as a person engaged in private detective work.
8. A person is a serviceman or clergyman.

In all the above cases, the law on juries allows you to refuse to perform the relevant duties of a jury.

In addition, the following citizens may be exempted from the duties of the jury, by their oral or written statement, as the chairman of the court or the presiding judge:

• Persons over sixty years of age;
• Women with children under the age of three.

Have you been chosen as jurors? How can I refuse (for what reasons) more?

• On religious beliefs.
• If the removal of a person from his basic job responsibilities can cause significant harm to public and state interests (doctors, airline pilots and others).

I do not want and I will not

What should I do if I have still been chosen as a juror? How to refuse, if there are no legitimate grounds for that?

Practice shows that it is enough to present to the court a medical certificate proving the physical impossibility of participating in the proceedings (it is easy to get such a certificate from any local doctor, mentioning some symptoms, for example headaches, pains in the heart, general poor health). In court, the reliability of this reference will be difficult to verify (and it is unlikely that someone will do it).

You can also refer to your religious beliefs and world view, according to which a citizen can not take part in the fate of another person.

It is important that a citizen becomes a juror only after he takes an oath in the courtroom. From that moment he holds this position officially and in case of failure to appear in the trial can be subjected to administrative punishment in the form of a fine, the size of which is 25 times the minimum wage.

However, until the person pronounced the oath, he is simply a candidate for this position. And for the candidates, the legislation does not provide any liability.

Thus, if a citizen is nevertheless chosen as a jury, how to refuse is a fairly simple matter and has a solution both at the legislative level and at the practical level.

The result

A jury trial is a kind of judicial process in which not only qualified judges but also ordinary citizens take part in the decision on the defendant's fault.

This institution carries in itself all the principles of democracy, according to which ordinary citizens of the country get the right to formally and legally 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 juror, how to refuse, you already know.

The range of grounds on which a person is dismissed from the position of assessor is legally fixed and quite extensive. However, if a citizen does not take the appropriate oath and is only a candidate for the specified position, he will not bear any responsibility for failing to appear in court.

For some, the fulfillment of the above duties will be an interesting and honorable mission, which, moreover, will bring a pleasant monetary reward. Therefore, every citizen has the right to decide independently whether he should fulfill the duties imposed by the state, or refuse to fulfill them.