On Introducing Changes And Additions Into The Law Of The Rsfsr "on The Judicial System Of The Rsfsr, The Code Of Criminal Procedure Of The Rsfsr, The Criminal Code Of The Rsfsr And The Code Of Criminal Procedure Of The Rsfsr On Administrative Offences

Original Language Title: О внесении изменений и дополнений в Закон РСФСР "О судоустройстве РСФСР", Уголовно-процессуальный кодекс РСФСР, Уголовный кодекс РСФСР и Кодекс РСФСР об административных правонарушениях

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Spagle Force-Federal Constitutional Law of 07.02.2011 N 1-FK spent power in part of the application Amendments to the Criminal Code of the RSFSR -Federal Law dated 13.06.96 N 64-FZ A A C On Amendments and Additions to the Law of the RSFSR "On the Judicial System of the RSFSR", Code of Criminal Procedure of the RSFSR, Criminal Code of the RSFSR and Code of the RSFSR on Administrative Offences (In the wording of federal laws from 30.12.2001 N196-FZ; of 20.08.2004 N 113-FZ In order to provide citizens with the possibility of the Russian Federation's Constitution (the Basic Law) of the Russian Federation the possibility of considering their cases by a jury and implementing the provisions of the Concept of Judicial Reform in the RSFSR Supreme Council of the Russian Federation, p. o I e: I. Amend the RSFSR Act on the Judicial System of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1981, No. 28, art. 976; Congress of People's Deputies of the Russian Federation and Supreme Soviet of the Russian Federation, 1992, N 27, sect. 1560; N 30, sect. 1794) the following changes and additions: 1. The first and second article 10 should read as follows: " Review of civil and criminal cases in the courts shall be conducted in a collegial and single court; in the courts of first instance, with the participation of jurors, people's assessors Either a panel of three professional judges or a single judge. The review of cases before the judicial panels of the respective courts in cassation and supervisory review is carried out with three judges. ". 2. In article 12, replace the words "Judges and assessors" with the words "Judges, jurors and people's assessors". 3. Paragraph 1 of part two of article 19 should be inserted after the word "assessors" by the words ", jury lists;". 4. In article 67, paragraph 2, after the words "composition of the court", add the words "(Chambers)". 5. (Spconsumed by Federal Law of 20.08.2004) N 113-FZ II. Amend the Criminal Procedure Code of the RSFSR (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, sect. 592; 1966, N 36, sect. 1018; 1972, No. 26, art. 663; 1983, N 32, sect. 1153; 1985, N 5, article OF THE PRESIDENT OF THE RUSSIAN FEDERATION 1389; N 27, sect. 1560) the following changes and additions: 1. Part one of article 15 to be supplemented with a new sentence: " Proceedings before all courts, except the district (town) people's court, may, by decision of the court concerned, with the consent of the accused shall be tried by a court composed of three professional judges, One of whom is the presiding (judges ' panel). ". 2. Part 3 of article 35 should read: "With the consent of the accused, the judge shall also consider cases of crimes for which a more severe penalty may not be imposed than imprisonment for a term of five years." 3. Supplement article 69 by Part Three of the following content: " Evidence obtained in violation of the law shall be recognized as having no legal force and cannot be based on the accusation and shall be used for proof The circumstances described in article 68 of the present Code. ". Append article 201 as follows: " If the accused is acquainted with the case of an offence which, in accordance with the present Code, may be considered by a panel of judges, the investigator must find out whether or not accused of being tried in such a court of law. ". 5. Article 203 should be inserted after the words "for the consideration of his case by the judge alone" with the words "and, where appropriate, whether or not it agrees to be tried by a panel of judges". 6. Supplement article 267 by parts three and four: " In the event that the accused has accepted his case by a panel of judges, the court shall hear a trial composed of a judge and two people's assessors or three Professional judges. If the trial was initiated by a court composed of a judge and two people's assessors, the presiding judge, when this Code permits the consideration of this case by a single judge or a panel of judges, may be ascertained from the defendants; Whether they agree to the appropriate change in the composition of the court. In the event that all of the defendants have agreed to a change in the composition of the court, the presiding officer shall continue the trial alone without the participation of the people's assessors or postpone or postpone the case and take steps to replace the people's assessors professional judges. ". 7. Supplement the Code by section 10, as follows: " P a s e l e l e e s e s MANUFACTURE OF THE PROSECUTOR Chapter Thirty-five General Article 420. The procedure for the proceedings in the cases considered by the Jury is the procedure for the consideration of cases involving the jury of the jury in the courts, as well as in the territories defined by the Supreme Soviet of the Russian Federation. in accordance with the rules laid down in this section and the general rules of criminal procedure in the Russian Federation, which do not contradict the provisions of this section. Article 421. The jurisdiction of the jury at the regional court, regional, city court On the motion of the accused, the regional court, the regional court, and the city court hear the cases referred to in article 36 of this Code. The Provincial Court of Assize, Regional, City Court is composed of a judge and twelve jurors. Article 422. Determination of the procedure for the proceedings in the case of charges under several articles of the Criminal Code of the RSFSR If a person is charged with the commission of offences under several articles of the Criminal Code of the RSFSR, The accused shall have the right to have his or her case tried by a jury, if this is possible at least one of the offences of this population. Article 423. Application for a trial by a jury Implementation of the criminal proceedings under the rules set forth in this section shall be made not otherwise by the accused's application for the consideration of his case by a court Jurors. The accused shall have the right to declare the request when he is informed of the end of the preliminary investigation and the presentation of the case file. The defendant's application for a jury trial is pending. The defendant's refusal of the application is not accepted if it has been confirmed during the preliminary hearing. Article 424. The preliminary investigation procedure of the application for trial by the Assize Court When the accused is acquainted with all the materials of the case, the investigator must explain to him the right to apply for The examination of his case by the jury, as well as the legal consequences of such a motion, including the nature of the appeal and the examination of complaints against jury trials. The accused's application for trial before a jury, or his refusal to exercise the right to trial by a jury, and the accused's other position on the matter, shall be required by the investigator to record in A separate protocol signed by the investigator and the accused. Article 425. Determination of production order with the participation of in the case of several accused If several persons are accused, the proceedings under this section are only made upon application Each of the accused, or the lack of any objection by the other accused, on the request. If there is such an objection to the examination of the case by a court of jury, the investigator and the procurator must decide whether the matter is to be reflected in the comprehensiveness, completeness and objectivity of its study and authorization. The accused, who did not file an application for jury trial, must be notified in a timely way of the application of the application by the other accused. He shall, however, be informed of the right to raise an objection to the examination of a case under the rules set out in this section. The accused who did not file an application for a jury trial shall enjoy all the rights granted by this section to the accused who has filed the request, including the right to participate in the preliminary hearing. Article 426. The participation of counsel in the examination of the case by a court of the jury , along with the cases provided for in article 49 of the present Code, the participation of a defence counsel is mandatory in all cases that may be heard by the court In the case of a trial by a judge, the judge will be informed of the proceedings before the judge. The investigator, the prosecutor, the judge and the court are obliged to ensure the participation of the defence counsel in the cases provided for in the first part of this article, if the defence counsel has not been invited by the accused or by other persons on his behalf. Article 427. Payment for the work of counsel who participated in the case In the event that a lawyer participated in a case on the basis of article 426 of this Code, the payment of his work shall be made at the expense of the national budget of the Russian Federation. At the same time, the investigator, the procurator, and the judge, at the end of the lawyer's participation, issue a decision on the amount of remuneration at the appropriate stage of the proceedings. Presiding Judge at the same time as a decision by a jury or a decision to discontinue the case, to discontinue its consideration by a jury, to dispatch a case for an additional trial The investigation shall rule on the level of remuneration. The remuneration of one day of attorney's participation in a case cannot be determined by less than one quarter of the minimum wage. Reimbursement of expenses to the State may, in this case, be borne by the sentenced person only. Article 428. The obligation of the public prosecutor to participate in the trial by a jury of the court In cases before a jury, it is mandatory to participate in the trial of the prosecutor as a public prosecutor. The participation of the public prosecutor is also required at the preliminary hearing before a judge of the jury. Article 429. The pleadings in the jury trial Pretrial and jury trials are based on the adversarial principle. It ensures equality of rights of the parties, which the court, while maintaining objectivity and impartiality, creates the necessary conditions for a comprehensive and complete study of the circumstances of the case. The Assize Court cannot bring a case on a new charge or against a new person. The case may be sent for further investigation by a jury only at the request of the prosecutor, the victim, the defendant, his defence counsel in the case where new persons have been identified in the course of the trial The facts of the case should be considered in the context of the present report. Article 430. The consequences of the prosecutor's refusal to charge the prosecution and the retrial of the trial by jury Refusal of the prosecution may be filed by the prosecutor at any stage of the preliminary hearing or trial by a jury. In case of a prosecutor's total or partial refusal of the prosecution at the preliminary hearing, the judge shall terminate the case in whole or in the appropriate part. The failure of the prosecutor to charge the prosecution in the absence of an objection by the victim shall result in the termination of the case, in whole or in part, for the failure of the accused to participate in the commission of the offence, or if This act does not constitute a crime, but for the absence of an offence. The Public Prosecutor may, at any stage of a trial by a jury, until the jury is removed from the jury room to issue a verdict to change the charge of mitigation by: 1) Exclusions from the legal characterization of the act of the offence of aggravated liability; (2) the exclusion of a reference to a provision of the RSFSR Criminal Code if the defendant's actions are fully covered by another rule The Criminal Code of the RSFSR, whose violation has also been violated (c) The criminal offence of the offence of the Criminal Code of the RSFSR, which provides for a more lenient punishment. The Public Prosecutor, by altering the charge of mitigation under Part Three of this article at the preliminary hearing, must present to the court the new indictment approved by the prosecutor within his competence. The termination of the case, in view of the refusal of the public prosecutor to prosecute and the change of the prosecution, does not preclude the subsequent presentation and consideration of civil action in civil proceedings. Chapter 36 Appointment of a trial Article 431. Appointment of a court session if there is application for trial by a jury If the accused has filed a motion for trial by a jury, the case shall be assigned to the trial in order A preliminary hearing, which shall be conducted according to the rules of article 432 of the present Code. The question of the appointment of a court session is permitted within the time limit provided for in article 223-1 of this Code. Article 432. The order of the preliminary hearing The preliminary hearing shall be conducted by the judge alone in a private meeting, with the mandatory participation of the prosecutor, the accused who filed the motion for trial by the jury, his counsel. If several persons are accused in the case and there is an application for trial by a jury of one of the accused in the absence of any objection by the other accused against such a trial, the preliminary hearing shall be held from The participation of all the accused in the case. In the absence of the accused, a preliminary hearing may be held in cases where he requests that the case be heard in his absence or, on his own initiative, refuses to participate in the hearing. In the event of failure to appear at the meeting of the defence counsel for reasons that are not excused, and in the event that the defence counsel is unable to participate in the preliminary hearing for a long period of time, the judge shall take measures to ensure participation in the meeting of his assigned counsel. Lawyer. The victim who is notified by the court of the hearing of the case is entitled to participate in the preliminary hearing. The victim's failure to appear shall not be an obstacle to the hearing of the case. At the beginning of the meeting, the judge declares the case to be considered, presenting the person to the meeting, who is the public prosecutor, the defence counsel, the secretary, and the identity of the accused The stated challenges. The public prosecutor then read out the operative part of the indictment. The judge would clarify whether the accused was aware of the charges and, if necessary, clarified the nature of the charges and asked whether he was confirming his application for trial by a jury. The accused, who did not file such an application, should be questioned whether he was opposed to a jury trial. If the accused confirmed his application for trial by a jury, and none of the other accused objected, the judge declared the application to be granted and the application was pending The public prosecutor, the victim, the accused and his defence counsel, as well as the other motions filed in the case. The judge shall allow motions by hearing the views of the parties. If necessary, the preliminary hearing may read the documents attached to the case to verify the admissibility of the evidence in the case. Having established that the motions have been exhausted and after hearing the views of the parties at the preliminary hearing, the judge shall be removed to make one of the decisions referred to in article 221 of this Code, which shall be declared in the same order. Meeting. If the accused has not confirmed his application for trial by a jury or any other accused person, the judge determines whether each of the accused agreed to have his case heard by a panel of three Professional judges and whether any of them have any objection to it. Having found the opinion of each accused, the judge shall declare the preliminary hearing to be completed and shall proceed with the proceedings in accordance with the rules set out in the chapter of the twentieth Code. The judge's decision to hear the jury's case is final and cannot be further revised on the grounds of the accused's refusal to hear the case by such a court. At the preliminary hearing, it is mandatory to maintain a protocol in accordance with the requirements of article 102 of this Code. The comments on the minutes of the preliminary hearing shall be submitted and considered in the manner provided for in articles 265 and 266 of this Code. Article 433. The judge takes one of the decisions under article 221 of the present hearing as a result of the preliminary hearing. Code. In the appointment of a court judge, the judge states that the case will be examined by a jury and determines the number of jurors to be challenged in this court hearing. The Pre-Trial Judge shall rule out evidence obtained in violation of the law or inadmissible on other grounds from the trial of the jury. A judge may order a case to be referred for further investigation only when it determines that the indictment is in breach of the requirements of this Code or that, Other significant violations of the criminal procedure law were committed, and when the case was returned for further investigation, including on the grounds of the need to change the charges, The public prosecutor or the other side. The judge shall issue a decision to discontinue the case in the event that the public prosecutor recorders from the prosecution. In the absence of such a refusal, the judge shall terminate the case only on the grounds referred to in paragraphs 2 to 5, 8 to 10 of the first part of article 5 of the present Code. Article 434. Specificating the preparation of the case by the Assize Court Following the decision to assign a case to a jury trial, the judge orders the court to ensure that the appearance of the jury is not less than twenty jurors. The court must notify the citizen at least seven days of the time when he or she must appear before a court to serve as a juror. On the day of the opening of the trial, the apparatus of the court shall be selected by way of a random sample from jury members, as determined by the judge's number. Chapter Thirty Jury trial considerations Article 435. Competence of the professional judge and juror assessors When the case is heard by a jury, the assessors resolve in the form of a question sheet only the questions in paragraphs 1, 3 and 4 of Part One of article 303 of this Code, and also indicates whether the defendant, whom they found guilty, deserves leniences or leniences. All matters not referred to in part one of this article shall be permitted without the participation of jurors by the presiding judge alone. The Presiding Judge is under an obligation to decide whether to exclude from the jury trial any evidence obtained in violation of the law and, in the event of a study of the evidence, to admit such evidence The evidence is null and void, and his research is null and void. The Parties shall not have the right, without the permission of the presiding judge, to mention in court the existence of excluded evidence to justify their position. The judge should not acquaint jurors with inadmissible evidence. Article 436. Closure of the trial by jury The Presiding Judge is entitled to discontinue the case at any stage of his trial by a jury if the circumstances referred to in paragraphs 5, 8 and 10 are clarified during the trial Part 1 of article 5 of this Code. The case shall also be terminated in the case provided for in article 430, paragraph 2, of this Code. Article 437. Juries and duties of juries The jury is obliged to answer truthently the questions of the presiding officer in the selection for participation in the examination of the case, and also to provide at his request a different necessary Information about yourself and the relationship with other persons involved in the case. The jury shall be bound by the order of the court and subject to the lawful orders of the presiding officer. In the event that the court recess or the hearing is adjourned, the juror participating in the case shall be required to appear at the time indicated by the court for continuation of the trial. The juror has the right: 1) to participate in the study of all the evidence before the court in order to be able to assess the circumstances of the case on its own, and to give Answers to questions to be raised before the panel of jurors; 2) to ask the defendant, the victim, the witnesses, the witnesses, the experts; 3) to participate in the examination of the exhibits of evidence, documents, physical inspection and premises, all other investigative actions in court; 4) to request the presiding officer to explain the rules of the law relating to the case, the content of the documents that were read out in court, the indicia of the offence of which the accused is accused The defendant, and not clear to him; 5) to make written notes during the court hearing. The jury should not: 1) be removed from the courtroom during the hearing of the case; 2) to communicate with persons outside the court without the permission of the presiding officer; 3) to gather information in a case outside the court. If the duties specified in this article are violated, the jury may be removed by the presiding officer of the case. For evasive evasion of duty by a juror in court, as well as for the breach of the duties set out in parts one and three of this article, on a juror by a court (presiding) A monetary penalty of up to one minimum wage may be imposed. The presiding judge shall rule on the imposition of a monetary penalty at the same court hearing, as the record of the hearing shall be recorded. The decision of the court (presiding judge) on the imposition of a monetary penalty is final and appeal and is not subject to judicial review. Article 438. Selection of jurors in court The selection of jurors is carried out after the requirements of articles 267 to 277 of the present Code have been fulfilled by releasing a jury from participation in the examination of a case, resolving issues on their recusal and self-disqualification, and by the drawing of lots. The secretary of the court hearing or the court officer who ensures the selection of jurors reports about the appearance before a jury selected by the court by random sample to participate in the case. Presiding Judge gives a brief introduction to the jury, informing him of the case to be considered, as well as on the tasks of the jurors and the conditions for their participation in the case in accordance with the law. The presiding officer shall then explain to the jurors their obligations under article 437 of the present Code of Obligations to answer truthfully to the questions asked by him, and to provide other necessary information about himself and his or her requirements. concerning the relationship with other persons involved in the case. At the same time, he shall inform the jury of the liability provided for in the procedural law for the violation of these duties. Presiding Judge shall be informed by the jury of the circumstances of the case to be examined by the court, and in the case of knowledge of the knowledge of a juror of the case shall decide on the question of the release of the juror from participation in the examination of the case. Presiding officer also asks about the existence of legal reasons for the release of any of the jurors from participation in the case. Each member of the jury has the right to indicate the reasons that prevent him from fulfilling the duties of the juror, as well as to recuse himself. In order to make an objective decision on the question of the release of a juror, the presiding officer may, in the selection of jurors, ask them questions raised in writing by the prosecutor, The victims, the accused and his or her counsel, as well as other matters at his discretion. Each of the jurors who have appeared as a prosecutor, as well as the victims, the civil plaintiff, the civil defendant and their representatives, the defendants and their counsel may be challenged on the grounds provided for in articles 59 and 60 of this Code. All questions relating to the release of jurors from participation in the examination of the case, as well as recusal and disqualification of jurors, shall be permitted by the presiding judge alone without being removed from the jury Room. Where less than twenty-two jurors were brought to court, or when they were less than eighteen following the release of some of them from their participation in the trial, as well as the satisfaction of the judge recusal and recusal, the presiding officer orders the court's staff to supplement juries with the necessary number of jurors from the reserve list. The trial is followed by a recess for the call of alternate jurors. If, as a result of the fulfilment of the requirements of this article, more than eighteen jurors remain to participate in the trial, the presiding officer shall declare the number of remaining jurors, after which omits the tickets with their surnames in the urn, mix the tickets and extract as many tickets as necessary, so that there are eighteen of them in the urn. Article 439. The non-repulsive recusal of jurors in court The jury shall be challenged by the public prosecutor, the defendant or his counsel, without specifying the reasons for the disqualification by writing on tickets with the names of the jurors "reserved" for signature. The defendant has the right to assign to his or her counsel the exercise of the right to disqualification of jurors. If the defendant renounces his right to be challenged by a juror, the defence counsel without his or her consent shall not be entitled to participate independently in the removal of the jurors. After fulfilling the requirements of Article 438 of this Code, the presiding officer shall hand over the remaining eighteen tickets, with the names of the jurors to the public prosecutor, and then passes to the defendant and his counsel tickets remaining after the exercise by the public prosecutor of the right of non-motorized jurors. The public prosecutor, the defendant and his counsel may, through the presiding officer, request that a juror be presented. The Public Prosecutor shall challenge the jurors first, with the right to withdraw not more than two jurors. The accused or his counsel shall challenge the jury after the public prosecutor, and shall have the right to withdraw so many jurors so that they remain at least fourteen. If there are multiple defendants in the case, they shall be challenged by their mutual consent and, in the absence of such consent, by separating the number of jurors from the jury equally, where possible. In all other cases, the disqualification of the jury by several of the defendants must be done by drawing of lots, during which so many tickets are drawn from the urn by the presiding officer or the secretary of the court. (a) The number of judges who have not yet been able to do so may be withdrawn by the accused. The refusal of any of the defendants from their right to recuse jurors does not entail any restrictions on the right of other defendants to have so many jurors left at least fourteen. Article 440. The formation of a jury in the court The jury hearing the case is formed by the drawing of lots of twelve complete jurors (forming members of the jury) (verdict) and two reserve assessors. In order to form a panel of jurors, the presiding judge omits the tickets containing the names of the undivorced jurors in the box, mired them up, and one of fourteen tickets, read each time as stated in the The ticket is the name of the juror. If the left and the remaining tickets form the total number of undivorced jurors and if there is no irregularity affecting the formation of the panel of jurors, the formation of the jury Assessor shall be recognized. At the same time, the first twelve of the jurors selected by the drawing of lots shall be considered as complete and the latter two by the latter. In the case where the question of disqualification or the formation of a panel of juries was subject to any irregularity affecting the formation of the panel of jurors, the presiding officer declares -The education of the jury shall be invalid and shall be redeemed in full or in part. The names of fourteen jurors selected by drawing of lots, shall be made by the secretary of the court in the minutes of the hearing in the order in which the tickets were removed from the urn. The tickets, with the names of the non-motorized and selected juries chosen by the drawing of the names of the jurors, are attached to the case file. On completion of the formation of the jury, the presiding officer proposes twelve members of the jury to take their seat on the bench, which shall be separated from those present in the courtroom and situated in front of the dock. Two members of the jury are on the bench of jurors specially designated for presiding officers. The Alternate Jury is permanently present at the trial in the courtroom. Alternate jurors may be included before the verdict is included in the whole jury if any of the members of the jury cannot participate in the trial. Replacement of the selected jurors shall be performed in the order in which tickets containing the names of the alternate jurors were removed from the urn. In the event that the replacement of the exhausted jurors by the jurors has been exhausted, the presiding officer shall declare the trial held null and void and return the trial to the jury trial. in accordance with article 438 of this Code. Article 441. The tenderness of the panel of jurors the State Prosecutor, the victim, the civil claimant, the civil defendant, the defendant and his counsel are entitled to declare the oath of office before the jury, That, due to the nature of the case, the bench of the jurors as a whole may not be able to reach an objective verdict. Such a statement shall be permitted by the presiding officer after hearing the views of the parties, which, in the deliberation room, shall be given a reasoned decision, as presented in a separate document. If the application is deemed to be justified, the presiding officer shall dissolve the panel of jurors and shall resume the preparation of the trial by jury, in accordance with article 434 of the present Code. Article 442. The foreman of the jury shall be chosen from among the jury members of the Chief Jury. The election of the petty officer is carried out in the deliberation room by a vote in conditions that exclude the presence of unauthorized persons and any influence on the decision of the jury. The chosen foreman shall be considered to be a juror, who shall receive the majority of the jurors. The foreman of the jury shall enjoy in the court session equal rights with other jurors to deal with all matters arising in the examination of the case and the verdict of the jurors. In addition to the other jurors with other jurors, the Chief Jury supervises the meetings of the jurors, upon the instructions of the jury, requests the presiding officer, read out Members of the jury in the deliberation room of the judge, shall record their responses and, on the basis of the results of the voting, fill a question leaf with the answers of the jury and proclaim it in court. Article 443. Adoption by jury of the oath of office After the foreman of the jury is called, the presiding officer or the secretary of the court invites everyone present in the courtroom to stand up. The presiding officer shall apply to a jury selected by the drawing of lots, with a proposal to take the oath of office as follows: " I swear to discharge my duties honestly and impartially, to take into account all the judges considered in court The evidence, arguments, circumstances of the case, and nothing but them, to resolve a case of one's internal persuasion and conscience, as befits a free citizen and a just human. " The presiding officer then names each of the jurors who are responsible: "I swear". The jury's sworn statement shall be recorded in the record of the hearing. Article 444. Clarification by jurors of their rights and responsibilities Presiding Judge explains jurors of their rights and obligations under article 437 of this Code and warns of the consequences of the violation of those responsibilities. Article 445. Inadmissibility of unlawful influence on juror State Prosecutor, victim, defendant and his counsel, other participants in the trial, as well as witnesses, experts, specialists, translators It is prohibited, throughout the proceedings of the jury, to communicate in addition to the established procedure with the jurors involved in the case. Any juror may be suspended from further participation in the case where he has reason to believe that the juror has lost the objectivity necessary to resolve the case in question. in accordance with the law, as a result of its unlawful influence. Article 446. Judicial investigation in the trial jury Trial of the jury begins with the disclosure by the public prosecutor of the operative part of the indictment, but without a record of the criminal record The defendant and his confession of a particularly dangerous recidivist. If all the defendants fully pleaded guilty, the presiding officer immediately invites each of them to testify about the charge and other circumstances of the case. In the event that the confessions made are not disputed by any of the parties and are not subject to the discretion of the judge, the presiding officer is entitled, if all the participants in the proceedings so agree, to limit themselves to the study of the evidence to which they would indicate, or to declare the judicial investigation completed and proceed to the hearing of the parties ' deliberations. Before the defendant is questioned by a jury, the presiding officer explains to him the right to give or not to testify about the charge and other circumstances of the case. After the testimony of the defendant, he is interrogated by the public prosecutor, as well as by the victim, the civil plaintiff, the civil defendant and their representatives, the defence counsel. The judge, as well as the jurors through the presiding officer, questions the defendant, the victim, the witnesses and the experts after they have been questioned by the parties. Questions of juries who are not relevant to the case, as well as the leading or insulting questions of presiding officers, are not specified. Parties may apply for a study of the evidence previously excluded by the judge from the proceedings, without setting out their merits. Listening to the views of the participants in the proceedings in connection with such a motion shall be made by the presiding judge without the participation of the panel of jurors. The jury does not examine the circumstances surrounding the defendant's previous conviction. Article 447. The trial of the parties to the jury After the trial, the jury proceeds to hear the arguments of the parties. The jury trial consists of the speech of the public prosecutor, as well as of the victim, the civil plaintiff, the civil defendant or their representatives, the defence counsel and the defendant, if he/she refused counsel. The Parties may not mention circumstances not to be considered by a jury. The presiding officer stops the participants in the debate of the parties when they affect such circumstances and refers to the evidence that has been excluded from the proceedings. Article 448. Replicas and the last word of the defendant in the Assize Court After the speech was delivered, all participants in the deliberations of the parties in the jury trial are entitled to a replica of what has been said in the speeches. Article 297 of this Code provides the last word to the Defendant. Article 449. Issues to be resolved by a panel of the jurors For each act in which the defendant is charged by a public prosecutor shall, subject to the requirements of article 254 of this Code, be made three basic The question: (1) has been proven to have been proven to have occurred; (2) has been proved that the act was committed by the defendant; 3) whether the defendant was guilty of the act. In a question sheet, it is also possible to raise one main question of the guilt of the defendant, which is the connection of all three main issues referred to in part one of this article. After the main question of the defendant's guilt, private questions may be raised about the circumstances that increase or decrease the degree of guilt or change the character of the defendant. Where necessary, questions of the degree of criminal intent, the reasons for which the act has not been brought to the end, the extent and nature of the complicity of each defendant in the commission of the offence are also separately raised. If the defendant is found guilty, the question is whether he deserves lenija or special lenija. Cannot be raised separately or as part of other issues requiring jurors to have the legal qualification of the defendant's status (his criminal record, the fact that he is recognized as a particularly dangerous recidivist, and his/her responsibility) The President of the General Assembly of the United Nations The wording of the questions cannot be allowed in any response to the defendant's conviction for an act which has not been charged or supported by the public prosecutor at the time of the production questions. It is permissible to establish the guilt of a defendant in the commission of a less serious crime if the defendant's position is not impaired and his right to defence is not violated. The questions to be resolved by the jury shall be placed in the case of each defendant separately. Questions are raised in clear jurors by the jurors. Article 450. Stopping issues to be resolved by the panel of jurors After the end of the debate by the presiding judge on the basis of a supported public prosecution, the results of the judicial inquiry, and The debate of the parties shall make the issues to be resolved by the jury. These issues are recorded in writing, read out and made available for discussion by the parties. The public prosecutor, as well as the victim, the civil claimant, the civil defendant and their representatives, the defendant and the defence counsel may propose amendments to the presiding issues and ask for other questions. The Presiding Judge shall not refuse to raise the question of the existence of a reason why the act does not fall into the guilt of the defendant or is less severe for him. The presiding judge shall finally formulate the issues to be resolved by the panel of jurors and set them up in a matter sheet, which shall be approved by its order to be brought to the record of the trial. meeting. The questionnaire shall be signed by the presiding judge and shall be announced by the judge in court and handed over to the foreman of the jury. Article 451. The presiding officer Before the removal of the panel of jurors, the presiding judge appeals to the jurors with a putsy word. When a word is uttered, the presiding officer shall be prohibited from expressing his opinion in any way on questions posed to the panel of jurors. In the native word, the presiding officer: cites the contents of the charge; reports the contents of the criminal law providing for liability for the act in which the defendant is charged; Reminds the evidence examined in court of both incriminating and exonerating persons; expsets the positions of the public prosecutor and the defence; explains the basic rules for evaluating evidence in their entirety, principle of the presumption of innocence, The interpretation of uncorrected doubts in favour of the defendant. If the defendant refuses to testify or his silence in court, the presiding judge shall draw the attention of the jury to the fact that this fact has no legal value and cannot be interpreted as evidence The defendant's guilt. The jury should be informed that their verdict can be based only on the evidence that is directly examined in the court session, and no evidence is available to them in advance The findings cannot be based on assumptions or on excluded evidence. The Chair also explains to jurors the order of their meeting, the preparation of answers to the questions raised, the vote on the answers and the verdict. The Chair concludes his summing-up word by reminding the jury of the contents of this oath and draws their attention to the risk that they may recognize the defendant in the event of an indictment. lenients or special lenients. The jury, having listened to the presiding officer's words and acquainting himself with the questions before the panel of jurors, is entitled to receive further explanations from it. The Public Prosecutor, as well as the victim, civil plaintiff, civil defendant and their representatives, the defendant and his defence counsel have the right to raise objections to the content of the putsal in the court hearing. The Chairman of the Committee on the Rights of the child If such objections had not been made promptly by the parties in court, they could not refer to the maintenance of the words of the presiding officer as a basis for the review of the case by a higher court. Article 452. The mystery of the jury's meeting After the presiding judge's sentence, the jury is removed to the jury room for a verdict. The presence of other persons, other than complete jurors, is not permitted in the deliberative chamber. With the advent of night time, and with the permission of the presiding officer also at the end of working time, the jurors are entitled to suspend the meeting for rest. The jury is unable to divulge the judgements that have occurred during the meeting. Article 453. The order of the meeting and the voting of the juries by the Meeting of the jurors shall be presided over by the foreman, who shall consistently put questions to be resolved, shall vote on the answers and lead to a vote. counting votes. The jury in the discussion of the issues before them should seek unanimous decisions. In cases where the panel of jurors has not reached a unanimous decision on matters before the jury within three hours, the jurors may proceed to formulate the question on the question sheet The Conference of the States Members of the Voting is open. None of the jurors have the right to abstain in the voting. The foreman gives his voice to the last one. Article 454. The verdict Verdict refers to the decision of the panel of juries on the issues before it, including the main question of the defendant's guilt. If the panel of jurors was unable to reach a unanimous decision within the prescribed time limit, the verdict is considered accepted if the answers to each of the three main issues are affirmative. The majority of jurors voted. The verdict of the verdict is accepted if at least six jurors have voted in favour of the negative answer to any of the three main issues raised in it. The answers to other questions are determined by a simple majority of the jurors, and if a vote is equally divided, the most favourable response to the accused shall be taken. The answer to each question raised in a question sheet and to be resolved must be a yes or a negative "no" with the mandatory explanatory word or the phrase that disposes the essence of the answer ("Yes, guilty"; "no, not guilty"; "Yes, guilty, but without intent to deprive life"; "no, no proof"; "yes," and so on. The answers to questions are made by the Chief Jury to the question list immediately after each question. In the event that the answer to the previous question eliminates the need to answer the subsequent question, the foreman, with the agreement of the majority of the jurors, would put the words "unanswered" after him. If the question was answered By the vote, the foreman of the jury shall indicate after the answer the results of the vote count. The questionnaire with the answers of the jury's jury is signed by the foreman. Article 455. Resumption of the judicial inquiry, clarification of the question sheet language and additional explanations at the request of the jury If at the time of the jury's meeting The jury was called upon to investigate further any circumstances relevant to the questions posed by the jurors and returned to the courtroom and the foreman of the jury The President, with the assistance of the Secretary-General, In the event that the execution of a request by a panel of juries is necessary and possible, the presiding officer shall resume the judicial inquiry, after which the views of the parties may be clarified, taking into account the views of the parties, to the panel jurors or new jurors. After listening to the speeches and remarks of the parties on the newly examined circumstances, the last word of the defendant and the putsy word of the presiding judge, the panel of jurors is returned to the deliberation room for a verdict. In the case where the jury was required to clarify the wording of the questions before the jury, the jury is returned to the courtroom and the foreman of the jury The Chairman shall request the presiding officer. If the presiding officer, taking into account the views of the participants in the process, considers it necessary, clarifications may be made to the questions before the panel of jurors or the formulation of new ones. After listening to the brief remarks of the presiding officer on the change in question, the panel of jurors is returning to the deliberation room for a verdict. If, during a meeting of the jury, there was a need for additional clarifications from the presiding jury, the jurors shall return to the courtroom and the foreman of the jury The President, with the assistance of the Secretary-General, Having obtained the necessary explanations given by the presiding officer, subject to the requirements of objectivity and impartiality, the panel of jurors is returned to the deliberation room for a verdict. Article 456. Proclamation of a verdict by a jury of the jury After the question of a question form has been drafted and signed, the jury is returned to the courtroom and the councillor of the jury The Chairman of the Committee, Mr. Finding a verdict is unclear or contradictory, the presiding officer points to his ambiguity or inconsistency in the panel of jurors, and suggests in the deliberation room to make clarifications. The presiding officer may also, after hearing the views of the parties, make the necessary changes to the questionnaire. After listening to the brief remarks of the presiding officer on the change in question, the panel of jurors is returning to the deliberation room for a verdict. In the absence of comments, the presiding officer shall return a question sheet, as amended by the jury of the senior juror of the jury for proclamation. The Chief Jury proclaims the verdict, reading the questions before the jury, and the answers to them. All sitting in the courtroom hear the verdict of the jury of the jury. The verdict of the jury shall be submitted to the secretary of the court for admission to the case file. Article 457. The action of the presiding officer after the proclamation of the panel of the jury When the panel of jurors passed a verdict on the full innocence of the defendant in custody, he shall be released immediately in the courtroom by order of the presiding officer. After the verdict of the jury's verdict, the presiding judge thanks the jurors and declares the end of their participation in the hearing. The consequences of the verdict are discussed without participation in the jury trial. The jury is entitled to remain until the end of the trial in the courtroom in the public area. Article 458. Discussion on the consequences of the panel's verdict jurors Presiding Judge gives the public prosecutor, as well as the victim, the civil plaintiff, the civil defendant or their representatives, the defendant and his protector is able to examine evidence that is not subject to a jury trial, and to address issues related to the legal consequences of the jury's verdict, including questions Qualification of the defendant, sentencing, and Civil legal action. The defender of the defendant and the defendant are always the last. Parties may raise any issue of the right to be resolved by a court ruling, as well as evidence of the defendant's previous conviction. It is prohibited for the Parties to question the verdicts issued by the panel of jurors in their statements. The Chair stops the party if it raises issues that are not related to the legal consequences of a jury's verdict or other issues to be resolved by a court sentence. Article 459. The verdict of the panel of jurors Verdicts of the trial jury on the innocence of the defendant is mandatory for the presiding judge and shall be subject to a judgement of acquittal. The guilty verdict of the panel of jurors is mandatory for the presiding judge, except as provided for in this article. The Presiding Judge classifies the act in accordance with the guilty verdict and the circumstances that are not to be established by the panel of jurors (as provided for by the relevant articles) The Criminal Code of the RSFSR, as qualifying grounds, is the previous conviction of the accused, his official position and other circumstances requiring proper legal assessment. If the panel of jurors has been sentenced, and the presiding judge has admitted that there are sufficient grounds for a judgement of acquittal, given that no event has been established or the participation of the defendant in the commission of an offence is not proven, a decision is made to dissolve the jury of the jury that issued the guilty verdict, and to submit the case to a different composition of the court from the stage A preliminary hearing, which shall be held according to the rules established by the articles 432 and 433 of this Code. This judgement is final, the appeal and the appeal is not subject to judicial review. The indictment verdict of the jury shall not preclude the decision of acquittal if the presiding judge acknowledges the absence in the act of the commission of the offence. Article 460. The consequences of the defendant's recognition of a condescending or special condescending Recognition of the defendant in a laudable way does not allow the presiding judge to assign him an incalculable punishment exceeding him The average value obtained by dividing the sum of the lower and upper limits of the deprivation of liberty or other form of punishment provided for by the corresponding article of the Criminal Code of the RSFSR for the given punishment. In cases of crimes for which the law provides for the exclusive use of capital punishment, the defendant's confession of lenith does not allow the presiding judge to sentence him to a penalty of death The death penalty does not prevent the defendant from being sentenced to deprivation of liberty within the limits of the sanction of the corresponding article of the Criminal Code of the RSFSR. The presiding judge's recognition of the defendant requires the presiding judge to impose a penalty below the lower limit prescribed by law for the crime, or to move to a different, softer type In accordance with the provisions of article 43 of the Criminal Code of the RSFSR. If the panel of jurors was not found to be worthy of lenience or special lenience, the presiding judge, on the basis of the circumstances of the case, extenuating and aggravating responsibility, and the identity of the perpetrator is entitled It is not only within the limits established by the relevant article of the Special Part of the Criminal Code of the RSFSR, but also with the application of the provisions of article 43 of the Criminal Code of the RSFSR. Article 461. Types of decisions taken by a judge The presiding judge of the jury concludes by one of the judgements rendered in accordance with the rules provided for in article 261 or chapter 25 of the present The Code, namely: 1), to terminate the case-in the cases provided for in article 436 of this Code; (2) acquittal-in cases where the panel of jurors gave a negative answer for one of the three main issues referred to in article 449, paragraph 1 of this Code, or when the presiding judge declared the absence of the offence in the act; (3) without a sentence, in the cases provided for in paragraphs 3 and 4 of article 5, paragraphs 3 and 4, and article 6 of this Code; (4) sentence of conviction, in cases where the defendant has been found guilty of having committed a crime by a jury verdict and there is no basis for the order of others solutions; 5) by order to dissolve the jury and on the referral of a case to a different composition of the court-in the event that, in the opinion of the presiding judge, there is a legal basis for the acquittal, despite the guilty verdict Collegium of the jury. In the case of a jury trial, the circumstances leading to the conclusion that the defendant could not be held criminally liable or ill-heared The Presiding Judge shall rule on the termination of the examination by a disease that depriates it of the opportunity to be aware of its actions or to direct them, as confirmed by the relevant conclusions of the forensic psychiatric evaluation of a jury trial and consideration of the case, under the provisions of section 8 of this Code. Presiding Judge's Order to discontinue the consideration of a case involving a panel of jurors and to send it for consideration in the general manner provided for by this Code, No appeal is subject to judicial review. Article 462. The specificity of the sentence, of the Assize Court of Justice The procedure for the creation and declaration of convictions and acquittals by jury must meet the requirements of articles 312-318 of this Code The following features: , in the introduction to the verdict handed down by the Assize Court, the Presiding Judge does not indicate the names of the jurors; the sentence in the narrative is motivated by the presiding officer by reference to the verdict of the jury's verdict or refusal The public prosecutor is guilty of the charge and demands that the evidence in its confirmation be confirmed only in part that is not based on the verdict of the jury. The descriptive part of the sentence should contain a description of the criminal act, which the panel of jurors admitted, the characterization of the act, the motivation for the punishment and the reasoning behind the court ruling civil action or compensation for material damage caused by the offence. The descriptive part of the acquittal shall state the nature of the charge against which the jury was acquitted by a jury of the jury; provide an indication of the order and date of the appeal and the appeal against the sentence to the Court of Cassation of the superior court. Chapter thirty-eight Procedure in the Court of Second Instance Article 463. Appeals, challenge and verification of unenforceable verdicts and juries ' orders Procedure for appeals, challenges and verification of non-enforceable sentences, and The decisions of the assize court shall be determined by the rules laid down in section IV of this Code, with the characteristics set forth in this chapter. Article 464. Appeal and challenge of the jury jury trial jury trial, ruling by the presiding judge of the judge on the termination of the case, and The decisions of the presiding judge, as set out in article 221, paragraphs 2 and 5, of the present Code, are subject to appeal and appeal in cassation. Other rulings issued by the presiding judge of the judge, appeal and challenge are not subject to appeal. The sentences and rulings handed down by a jury at the regional, regional and municipal courts are appealed and appealed to the Court of Cassation of the Supreme Court of the Russian Federation. Article 465. The special features of the cassation court Grounds for the annulment or modification of the judicial decisions of the Court of Cassation are only: 1) unilateralism or incomplete judicial inquiry: wrong exception to the proceedings of admissible evidence, which may be essential to the outcome of the case; unjustified refusals by the party in the examination of evidence that may be essential to the On the basis of the case; non-investigation of material for the outcome of the case The evidence to be found in the compulsory study by virtue of article 79, paragraph 2 of article 232, article 258, part two of article 308, paragraph 2 of article 343, paragraph 2 of article 351 and part one of article 352 of this Code; study in court of inadmissible evidence, if this could be essential to the outcome of the case; (2) material breach of the criminal procedure law; 3) improper application of the law to The circumstances of the case as determined by the jury; 4) The imposition of an unjust penalty. The chamber of cassation may amend the relevant court decision if it does not change at the worst for the accused (convicted or acquitted). The Court of Cassation cannot cancel the acquittal, the determination of the termination of the case, or any other decision rendered in the defendant's favour, on the grounds of a fundamental violation of his rights. The Court of Cassation is not entitled to review the sentence on the grounds of violation by the presiding officer of the principle of objectivity in his sentence, unless the parties have objected immediately after the utepiah was pronounced. In the case of a court of law. The Cassation Chamber cannot refer the case to the new investigation. Chapter thirty-ninth Specific features of the review of enforceable jury sentences and orders Article 466. Review of the legal effect of sentences and orders of the Assize Court in cases with enforceable verdicts and court orders in the supervisory review The rules set out in chapter 30 of this Code may only be found on the grounds set out in article 465 of this Code. ". III. Articles 176-1, 176-2 and 176-3 of the RSFSR Criminal Code (Bulletin of the Supreme Soviet of the RSFSR, 1960, N 40, art. 591; 1989, N 50, sect. OF THE PRESIDENT OF THE RUSSIAN FEDERATION 2664) replace "judges or people's assessors", "judge or people's assessor", "judge or people's assessor", "judge or people's assessor" with the words "judges, people's or juries", respectively, " a judge, a people's or by a juror "," by a judge, a people's or juror "," a judge, a people's or juror ". IV. (Spconsumed by Federal Law of 30 December 2001) N196-FZ) V. (Spconsumed by Federal Law of 30 December 2001) N196-FZ) President of the Russian Federation B. Yeltsin Moscow, House of the Russian Federation 16 July 1993 N 5451-I