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Expired-the Federal Constitutional law on Sept. 2, N 1-FCL lost effect in part of the reform of the Penal Code of the RSFSR-federal law 13.06.96 N 64-FZ z and c o n RUSSIAN FEDERATION on amendments and additions to the RSFSR Law 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 (as amended by the federal laws on out N 196-FZ;
of 20 August 2004 N 113-FZ) to ensure citizens enshrined in the Constitution (fundamental law) of the Russian Federation-Russia the possibility for their cases to a jury and give effect to the concept of judicial reform in the RSFSR Supreme Soviet of the Russian Federation p o s t a n o v I l e t: i. Make in the RSFSR Law on RSFSR "(Gazette of the Supreme Soviet of the RSFSR, 1981 N 28, art. 976; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 27, art. 1560; N 30, art. 1794) the following amendments and supplements: 1. the first and second Part of article 10 shall be amended as follows: "consideration of civil and criminal cases in the courts is carried out collectively and individually; in courts of first instance, with the participation of jurors, lay judges or by a panel of three professional judges or a single judge.
The judicial bodies of the relevant courts of Cassation and supervisory review is carried out, consisting of three judges.
2. In article 12 the words "judges and people's assessors" were replaced by the words "Judge, jury and people's assessors".
3. Item 1 of part two article 19, after the words "assessors" add the words ", compiling lists of jurors;".
4. Article 67, paragraph 2, after the words "Court" compositions complement the word "(Chamber)".
5. (repealed-Federal Act of 20 August 2004 N 113-FZ) II. To amend the code of criminal procedure of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 592; 1966, no. 36, article 1018; 1972, N 26, art. 663; 1983, no. 32, St. 1153; 1985, N 5, art. 163; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, N 25, art. 1389; N 27, art. 1560) the following amendments and supplements: 1. the first part of article 15 to complement the new proposal: "consideration of cases in all courts except the district (municipal) Court, may, on the decision of the Court of Justice with the consent of the accused be carried out by a court consisting of three professional judges, one of whom is the presiding (Panel of judges).
2. Part three of article 35 shall be reworded as follows: "with the consent of the accused, the judge alone is also considering a case concerning crimes for which cannot be assigned to a more severe punishment than deprivation of liberty for a term of five years.
3. Supplement article 69 paragraph 3 to read as follows: "evidence obtained in violation of the law shall be recognized as null and void and may not be used as the basis of an indictment or to substantiate the circumstances listed in article 68 of the present code.".
4. Supplement article 201 part of eighth as follows: "If the defendant meets the case of a crime which, in accordance with the present code may be heard by a panel of judges, the investigator must ascertain whether the accused at trial in the Court."
5. Article 203, after the words "for consideration of his case by a judge sitting alone" add the words "and, where appropriate, whether he agrees to have his or her case by a panel of judges".
6. Supplement article 267 of the third and fourth installments as follows: "If the accused agreed on the consideration of his case by a panel of judges, the Court begins the trial judge and two people's assessors or three professional judges.
If the trial had begun court composed of a judge and two people's assessors, presiding when this code allows you to try the case before a judge sitting alone or Panel of judges may ask defendants whether they agree to the corresponding change in the composition of the Court. If all the defendants agreed to change the composition of the Court, the presiding trial continues alone without the involvement of people's assessors or declares a break or postpones dealing and taking steps to replace people's assessors professional judges. "
7. Add the following Code section tenth as follows: "r and w d e l d e c I t s th production in TRIAL by JURY, the head of the thirty-fifth General provisions Article 420. Procedure in proceedings brought before the Assize Court cases involving College jurors in courts, as well as in the territories as defined by the Supreme Council of the Russian Federation shall be carried out in accordance with the rules provided in this section and the General rules of criminal procedure in the Russian Federation which are not contrary to the provisions of this section.
Article 421. Jurisdiction of the Assize Court cases at the regional, provincial, City Court on the petition of the accused, the jury at the regional, provincial, municipal court hears cases involving crimes listed in article 36 of the present code.
The jury at the regional, provincial, City Court of the judge and twelve jurors.
Article 422. Determination of proceedings in the prosecution on several articles of the Criminal Code of the RSFSR if a person is accused of committing the crimes set out in several articles of the Criminal Code of the RSFSR, the accused has the right to have his trial by jury, if possible at least one of the crimes together.
Article 423. An application for exercise of trial by jury in criminal proceedings in accordance with the rules provided in this section shall be made only on application by the accused of his or her case by a jury. The accused has the right to declare the specified application when you declare it on completion of the preliminary investigation and presentation to make all case materials.
Thereafter the accused's motion for the consideration of his case by a jury. Refusal of the accused from the specified motion is not accepted if it was confirmed during the preliminary hearing.
Article 424. The order of consideration of the preliminary investigation motions for trial by jury the accused with all materials of the case, the investigator must explain to him the right to apply for his trial by jury, as well as legal consequences meet such requests including appeal and features for dealing with complaints against the verdicts of juries.
The accused's motion for the consideration of his case by a jury or his refusal to use his right to trial by jury, as well as the different position of the accused on this occasion, the investigator must be recorded in a separate protocol, signed by the investigator and the accused.
Article 425. Determining when participating in the production of several defendants If several persons accused in the case, consideration of it by the rules provided for in this section shall be granted only if the application for each of the accused or the absence of any objection, the other defendants for the request. In the case of an objection to the consideration of the case by the jury of an investigator and a Prosecutor are obliged to decide on the allocation of the case if it would not affect the comprehensiveness, thoroughness and objectivity of his research and permissions.
The accused, not who petition for trial by jury, shall be promptly notified of such an application, the other accused's statement. He explains the right to state an objection to the consideration of the case by the rules established in this section.
The accused, not who petition for trial by jury, enjoys all the rights provided by this section, the defendant who claimed the specified application, including the right to participate in the preliminary hearing.
Article 426. Mandatory participation of defence counsel in trial by jury, along with cases under article 49 of this code, the participation of defence counsel is mandatory in all cases that may be considered by a jury, when declaring the accused about the end of the preliminary investigation against him, and to make all the materials of the case at the preliminary hearing judge when proceedings by a jury.
Investigator, Prosecutor, judge and Court are obliged to ensure the participation of defence counsel in the cases provided for in paragraph 1 of this article, if the defender was not invited by the accused himself or by others on his behalf.
Article 427. Pay a lawyer involved in the case, in the case when the lawyer involved in the case to appoint under article 426 of the present Code, his pay is made at the expense of the Republican budget of the Russian Federation. In doing so, the investigator, the Prosecutor, the judge within 24 hours upon completion of a lawyer at the appropriate stage of its consideration of the case ruled on remuneration.
Presiding judge simultaneously with the decision of the jury's verdict or the decisions to dismiss the case, to terminate his consideration of a jury about the direction of the case for the production of further investigation, decide on the amount of remuneration. Remuneration for one day a lawyer in a case cannot be defined less than one quarter of the minimum wage. Reimbursement to the State in this case, you may be placed on the convicted person only by the verdict of the Court.
Article 428. Mandatory participation of the public prosecutor in trial by jury before a jury, be sure to participate in the proceedings as a Prosecutor of the public prosecutor. Public Prosecutor necessarily also and the judge at the preliminary hearing of the case before the jury.
Article 429. Adversarial in jury preliminary hearings and jury service production based on the adversarial principle. This provides the equal rights of the parties, in which the Court, maintaining objectivity and impartiality, creates the necessary conditions for a comprehensive and complete examination of the circumstances of the case.
The jury could not sue under the new charges, or for a new face.
The case can be directed to the production of further investigation by the jury only on the motion of the Prosecutor, the victim, the defendant, his counsel when trial identified new, essential to the case, the circumstances are in the judicial session is impossible without further investigation.
Article 430. The consequences of a refusal of the Prosecutor of the prosecution and the jury charges change waiver of charges may be pending a Prosecutor at any stage of a preliminary hearing or trial jury.
In case of full or partial refusal of the Prosecutor of the prosecution at the preliminary hearing judge terminates the case wholly or in relevant part. The refusal of the Prosecutor against the charge of the trial, in the absence of any objection on the part of the victim shall entail the termination of the case wholly or in relevant part for lack of participation, anyone accused of an offence or an act which did not constitute an offence, for lack of corpus delicti in the Act.
The public prosecutor may at any stage of the proceedings, trial by jury up to remove jurors in the deliberation room to change the verdict, the prosecution in the direction of mitigation by: 1) exceptions to the legal qualification of the offence Act, aggravating responsibility;
2) exclusions from accusations of links to any rule of the Criminal Code of the RSFSR, if the defendant's actions are fully covered by another rule of the Criminal Code of the RSFSR, the violation of which also were accused in the indictment;
3) retraining act according to the Penal Code of the RSFSR, which provides for a lighter penalty.
The State Prosecutor, changing the charge toward easing under part 3 of this article at the preliminary hearing, must present the Court with a new indictment, approved by the Prosecutor within his competence.
Termination of proceedings owing to the refusal of the public prosecutor of the charges, as well as change them, does not preclude subsequent submission and consideration of a civil claim in civil proceedings.
Chapter thirty-sixth destination Features trial Article 431. The appointment of a court session in the presence of motion for trial by jury if there are motions by the accused on trial by jury the case is assigned to trial a preliminary hearing, which shall be conducted according to the rules of article 432 of the present code.
The issue of the appointment of a court session shall be permitted within the time limits specified in article 223-1 of this code.
Article 432. The order of the preliminary hearing, a preliminary hearing shall be made by a single judge in a closed meeting with the obligatory presence of the Prosecutor, the accused, who petition for trial by jury, his lawyer. If the case is accused of several persons and have a motion for the trial by jury of one of the accused in the absence of objections from the other defendants against such order of consideration, a preliminary hearing shall be made with the participation of all the defendants in the case.
In the absence of the accused, the preliminary hearing may be made in cases where he seeks in his absence or on its own initiative, refuses to participate in the meeting. In case of failure in meeting a defender for Unexcused absences or when the participation of defence counsel at the preliminary hearing impossible over a long period of time, the judge shall take measures to ensure the participation in the meeting of their assigned counsel.
In the preliminary hearing, the victim shall have the right to participate, which is notified by the Court on the day of the hearing. The absence of the victim shall not prevent the hearing of the case.
At the beginning of the meeting judge Announces what case to be reviewed, it seems were in meeting persons who informs is the public prosecutor, defence counsel, the Secretary-General finds out the identity of the accused claimed allows offsets. Then the public prosecutor read out the Resolutive part of the indictment. Judge considers whether the accusation to the defendant, it is clear where necessary, explained to him the essence of the accusations and asked whether his request for an examination of his case by a jury. The accused, who was not such a motion should be asked about whether he has objections to the trial jury.
If the accused reiterated its request for an examination of his case by a jury and none of the other defendants not stated objections, the judge declares the satisfaction of the application and shall pass to the motions of the public prosecutor, the victim, the accused and his counsel, as well as in the case of other alleged motions. Judge allows motion after listening to the views of the parties.
If necessary, the preliminary hearing may be read out documents enclosed to the case, to verify that the available evidence.
Finding that a petition had been exhausted, and after listening to the views of the parties on the preliminary hearing took place, the judge is removed to make one of the decisions referred to in article 221 of the present Code, which is declared in the same meeting.
If the accused has not confirmed their request for an examination of his case by a jury or any of the other defendants was stated objection, the judge determines whether each defendant on trial by a panel of three professional judges, and does not have any objections against this. Having ascertained the opinion of each of the accused, the judge announces preliminary hearing terminated and subsequently carries out production according to the rules established by the head of the twentieth of the present code.
The judge's ruling on the trial by jury is final and cannot be reviewed because of the refusal of the accused to the Court.
When the preliminary hearing necessarily logging in compliance with the requirements of article 102 of the present code. Comments on Protocol preliminary hearing are dealt with in the manner prescribed by articles 265 and 266 of this code.
Article 433. Especially decisions when prescribing trial preliminary hearings on the results of the preliminary hearing, the judge shall take one of the decisions referred to in article 221 of the criminal code.
In the Decree on the appointment of the trial judge indicates that the case will be considered by a jury, and determines the number of jurors to be call into this trial.
Based on the results of the preliminary hearing judge excludes from trial by jury evidence obtained in violation of the law or invalid on other grounds.
The judge may order the direction for the production of further investigation only when it determines that the indictment compiled in compliance with the requirements of this code or that the proceedings are allowed other significant violations of the law of criminal procedure, as well as on the return for the production of further investigation, including the motive need to change charges, seeks the public prosecutor or by the other party.
The judge shall order the proceedings in case of failure of the public prosecutor of the prosecution. In the absence of such refusal judge terminates the case only if the grounds provided for in paragraphs 2-5, 8-10 of the first paragraph of article 5 of this code.
Article 434. Features of the preparations for the review of trial by jury After ruling on the appointment of a case for review by a jury, the judge shall order the apparatus of the Court to ensure the appearance in the hearing not less than twenty jurors.
The duty of the Court not less than seven days to inform the citizen about a time when he must appear in court for the performance of the duties of a juror.
On the day fixed for the opening of the trial, the court apparatus selects by random sampling from resulting in some jurors by a judge.
Chapter thirty-seventh Especially hearing the jury Article 435. The competence of a professional judge and jurors in the case the jury jurors are allowed in the wording of the questionnaire only envisaged in paragraphs 1, 3 and 4 of the first paragraph of article 303 of this code, as well as indicate whether the indulgence or a special indulgence, the defendant, whom they found guilty.
All matters not specified in paragraph 1 of this article shall be settled without the participation of jurors individually by the presiding judge.
The presiding judge shall decide on the exclusion of proceedings in the trial by jury of any evidence obtained in violation of the law, and if the research evidence was held to recognize such evidence void and held his study invalid.
The parties may not, without the permission of the presiding judge to mention about the existence of the jury are excluded from trial evidence, referenced to substantiate its position. A judge shall not acquaint jurors with inadmissible evidence.
Article 436. Termination of trial by jury, the presiding judge may dismiss the case at any stage of its proceedings by a jury, if during the trial will be clarified under paragraphs 5, 8-10 of the first paragraph of article 5 of this code. The deal also ends in the case provided for in article 430 part 2 of this code.
Article 437. The rights and duties of the juror
Juror must truthfully answer questions from presiding judge asked when selecting to participate in the examination of the case, and also to provide, upon request, other necessary information about themselves and about their relationship with others involved in the case. Juror is obliged to comply with the order in a court session and obey lawful directives of the presiding judge. If you declare a recess in the trial or hearing is postponed, juror involved in this case, must arrive at the specified time by the Court to continue the trial.
A juror is entitled to: 1) to participate in the study all the evidence before the Court in order to get the opportunity to, by their inner conviction to assess the circumstances of the case and provide answers to questions that will be put before a panel of jurors;
2) set through the presiding officer accused, victim issues, witnesses, experts;
3) to participate in the examination of evidence, documents in the production area and premises inspections in all other manufactured in court investigative actions;
4) ask the presiding judge to clarify the law relating to the case, the content of the catechumens in the court documents, signs of a crime for which the defendant is accused, and not clear for him;
5) make written notes during the trial.
A juror should not: 1) absent from the courtroom during the hearing;
2) communicate in the case of persons who are not members of the Court, without the permission of the presiding officer;
3) collect information on the case outside the trial.
If there is a violation of the obligations referred to in this article, jurors can be dismissed by the presiding from further participation in the case.
Without an acceptable excuse for evasion of duty juror in court, as well as for breach of the duties specified in parts 1 and 3 of this article, the juror Court (presiding judge) may be imposed a fine of up to one minimum wage. The presiding judge shall rule on the imposition of monetary penalties in the same hearing, shall record in the Protocol of the trial. The decision of the Court (presiding judge) about imposing monetary penalties shall be final and without appeal and appeal in cassation.
Article 438. The selection of jurors in court jury Selection takes place after fulfilling the requirements of articles 267-277 of this code by releasing judge jurors from the case, resolution of questions about their challenges and their compatriots, as well as by the drawing of lots.
To appear in the trial jurors, selected by random sampling apparatus for participating in any proceedings, reports to the clerk of the Court or the employee, ensuring the selection of jurors.
The presiding officer pronounces before jurors a brief introductory speech, which reports on the case to be reviewed, as well as on the tasks of the jurors and the conditions of their participation in the examination of this case in accordance with the law. Then the presiding judge explained to the jury their stipulated by part one of article 437 of the present Code responsibilities truthfully answer questions, and provide, upon request, other necessary information about themselves and about their relationship with others involved in the case. He tells jurors about the responsibility envisaged by the procedural law, the violation of these obligations.
The presiding judge finds jurors have their awareness of the circumstances of the case, which will be in court, and in the case of information about awareness of any of the jurors on this case decides whether to release the juror from the case.
The presiding officer also asked about the availability of statutory reasons for excluding any of the jurors from the case. Each of the resulting jury has the right to specify the respectful reasons preventing him to fulfill the responsibilities of the juror, as well as declare his rejection.
To an objective solution to the question of the release of juror from the case, the presiding officer may, in the selection of jurors ask questions proposed in writing by the Prosecutor, victims, the accused and his counsel, as well as other issues on your own.
Each of the jurors came by the Prosecutor, as well as the victim, civil plaintiff, civil respondent and their representatives, the defendant and his counsel may be challenged on the grounds provided for in articles 59 and 60 of this code.
All matters relating to the release of jurors from the case, as well as EU and bends made by the jury shall be resolved individually without deleting the presiding judge in the deliberation room.
In that case, when the Court was less than twenty caused jurors either when their less than eighteen after releasing some of them from participation in the proceedings, as well as after the satisfaction of the judge school yard and taps, the presiding officer shall order the apparatus Court jurors add-on the required number of jurors from the alternate list. After this hearing is declared a break to call spare jurors.
If as a result of compliance with the requirements of this article to participate in the court session more than eighteen jurors, the presiding officer announces the number of remaining jurors, then puts in a ballot tickets along with their names, shuffles tickets and takes from it as many tickets as you want to burn their remaining eighteen.
Article 439. Bezmotivnyj disqualification of jurors in court, jurors are discharged by the public prosecutor, the defendant or his defence counsel without specifying the motive the disqualification by writing on the tickets containing the names of jurors the phrase "disqualified", binding signature. The defendant has the right to instruct his counsel the exercise of the right of withdrawal of jurors. If the defendant waives his right to the disqualification of jurors, the Defender without his consent has no right to participate in the disqualification of jurors.
After fulfilling the requirements of article 438 of this code passes the remaining eighteen presiding tickets containing the names of jurors to the public prosecutor, and then passes the defendant and his counsel tickets remaining after the implementation of the law by the public prosecutor bezmotivnogo disqualification of jurors. The public prosecutor, the defendant and his counsel may request that presiding over any of the jurors identified himself.
State Prosecutor dismisses jurors first, and has the right to withdraw no more than two jurors.
The defendant or his counsel dismisses jurors after the public prosecutor's Office and has the right to withdraw so much jurors to their left at least 14. If the case involved several defendants, the disqualification of jurors they are made by mutual agreement or, in the absence of such consent, by separation between them in the number of discharged jurors fifty-fifty, whenever possible. In all other cases, disqualification of jurors several defendants must be made by drawing lots, during which the Presidency or Secretary of judicial session of URNs is removed as many tickets containing the names of Moldova jurors, how many of them can still be reserved for defendants.
The denial of any of the defendants waived their right to the disqualification of jurors do not entail any restriction on the right of the other defendants to withdraw so much jurors to their left at least 14.
Article 440. Education College of jurors in court jury jurors considering the case in court, formed by the drawing of lots, comprising twelve complete jurors (constituting the jurors sentencing verdict) and two spare.
For the college education of jurors, presiding in the ballot box omits the names of Moldova tickets jurors, mixes them, and one takes fourteen tickets, reading out each time specified on the ticket last name juror. If you removed the remaining burn tickets form Moldova, total number of jurors, as well as if not admitted any violation, an impact on the correctness of the Education College of jurors, education College jurors recognized valid. With the first twelve selected by lot of jurors are considered to be complete, and the last two-spare.
In that case, when dealing with the issue of loss or in the formation of the College have been jurors admitted any violations affecting the accuracy of Education College of jurors, presiding judge invalidates the Education College of jurors and conducts it again in full or partially.
The names selected by the drawing of lots of the fourteen jurors are made to the Registrar of the court hearing in the court records in the order in which tickets were removed from ballot boxes. Tickets with names bezmotivno designated parties and selected by lot of jurors will be attached to the materials of the case.
Upon completion of Education College jurors presiding offers twelve jurors complete occupy a place on the bench of jurors, which should be separated from those present in the courtroom and is usually opposite the dock. Two alternate jurors took on the bench of jurors specially reserved for them by the presiding seat.
Spare jurors constantly present during proceedings in the courtroom. Spare jurors before the verdict may be included in the composition of the complete jurors in case of impossibility of anyone from complete jurors to participate in court hearings. Replacement of retired members complete jurors spare is made in the order in which the names of tickets spare jurors were removed from the ballot boxes. If the possibility of replacing the retired complete jurors spare exhausted, the presiding officer announces held the trial void and returns the trial jury selection phase, in accordance with article 438 of the criminal code.
Article 441. Bias the College of jurors, the public prosecutor, the injured party, the civil plaintiff, the civil defendant, the defendant and his counsel have the right to bring jurors sworn to say that due to the characteristics of the case under consideration the composition of the Panel of jurors in General may not be able to render an unbiased verdict.
Such a statement is allowed by the presiding after listening to the views of the parties, as in the retiring room they imposed a reasoned decision, set out in a separate document. If the request is deemed justified, the presiding judge dismisses jury jurors and resumes preparations for the consideration of the case by a jury pursuant to Article 434 of the code.
Article 442. The foreman of the jury, the jury shall elect from among the complete jury foreman. Election of officers shall be made by a vote in the retiring room under conditions excluding the presence of unauthorized persons and any effect on the decision by the jury. Elected officers is considered to be a juror, the jury receives the most votes.
The foreman of the jury in the court session enjoys equal with other jury rights in all matters arising in the case and the jury verdict.
In addition to common with other jury duties foreman of the jury direct its meetings on behalf of the jury, jurors are drawn to the presiding, read out to the jury in the retiring room the judges questions, writes their responses, taking into account the results of the vote fills enquiry sheet with answers College jurors and proclaims it in court.
Article 443. The adoption of a jury oath after the foreman of the jury will be named, the presiding judge or the clerk offers to all those present in the courtroom to stand. The presiding appeals to selected by lot to the jury with a proposal to take the oath of Office as follows: "I swear to perform my duties honestly and impartially, taking into account all of the evidence before the Court considered the arguments, the circumstances of the case and anything else except them, resolve the case by their inner conviction and conscience, as befits a free citizen and just man". Then the presiding officer refers to the surname of each of the jurors that meet: "I swear".
Of acceptance by the jury oath is made entry in the Protocol of the trial.
Article 444. Explanation to the jury of their rights and duties of the presiding officer explained to the jury of their rights and obligations under article 437 of the present Code, and warns of the consequences of a breach of those duties.
Article 445. Inadmissibility of illegal influence on juror public prosecutor, the victim, the defendant and his counsel, other participants in the process, as well as witnesses, experts, specialists, interpreters are prohibited throughout the trial jury the case to communicate beyond the established order with jury involved in this case.
Any juror can be removed from the Presidency in the case, when he have reason to believe that the juror had lost objectivity necessary for the determination of the case in accordance with the law, as a result, owing to illegal influence on him.
Article 446. Features of the trial in the Court of Assizes jury judicial investigation begins with the announcement of the public prosecutor, the operative part of the indictment, but without mentioning the facts about the defendant's criminal record and its recognition by a specially dangerous recidivist.
If all the defendants fully pleaded guilty, the presiding judge immediately invites each of them to testify about the accusation and other circumstances of the case. In the case where made recognition are not contested by any of the parties and do not cause the judges doubt presiding has the right, if it is agreed to by all participants in the process, confine itself to the study of the evidence on which they indicate or declare investigation completed and proceed to hear arguments.
Before the cross-examination of the defendant in trial by jury, the presiding judge shall explain to him the right to give or not to give testimony about the accusation and other circumstances of the case. After the testimony of the defendant it is questioned by the public prosecutor, as well as victim, civil plaintiff, civil respondent and their representatives, as a defender.
The judge, as well as the jurors through the presiding officer asked the accused, the victim, witnesses and experts after they have been interrogated by the parties. Questions jurors, irrelevant, as well as suggestive or offensive questions are not set by the Presidency.
The parties may apply to study evidence excluded from the trial, the judge previously not presenting their merits. Listening to the views of the parties to the proceedings in connection with such application shall be made by the presiding judge without a jury jurors.
Jury trials have not investigated the circumstances surrounding previous criminal record of the defendant.
Article 447. Arguments in jury trials after the end of the trial the jury goes to hear arguments. Arguments in court the jury consist of speeches, public prosecutor, as well as the victim, civil plaintiff, civil respondent or their representatives, defence counsel and the defendant, if he refused the services of a lawyer.
The parties may not mention the circumstances not triable by jury. The presiding officer stops participants from Parties when they affect such circumstances, refer to the excluded from the trial evidence.
Article 448. Replica and the last word of the defendant in trial by jury, after delivering speeches all participants in the debate the parties in trial by jury are right on cue about what was said in the speeches.
The defendant, in accordance with article 297 of the present code is given the last word.
Article 449. Issues to be settled by a panel of jurors in each act of which the defendant is accused by the public prosecutor, taking into account the requirements of article 254 of the present code on three main issues: 1) proved that the act occurred;
2) proved that the defendant committed the Act;
3) whether the defendant is guilty of committing this Act.
In voprosnom sheet is also staging one basic question about the guilt of the defendant, a link to each of the three core issues identified in the first part of this article.
After the main question about the guilt of the defendant may be private matters about circumstances which increase or decrease the degree of culpability or change its character, lead to the release of the defendant from liability. Where necessary, separately put questions on the extent of implementation of criminal intent, why Act had not been brought to an end, the extent and nature of each of the defendants ' complicity in the crime.
In the event of conviction, the question whether he deserves indulgence or a special indulgence.
Cannot be separately or as part of other issues requiring jurors the legal characterization of the status of the defendant (about his criminal record, the fact of recognition by a specially dangerous recidivist, on the responsibility of his position), as well as other issues requiring proper legal assessment by the jury in reaching their verdict. Language issues may not allow for any response to the confessions of the defendant guilty of the acts of which he was not a public prosecutor or not supported by them at the time of questioning. Valid questions to establish the guilt of the defendant committing less serious crime if the situation does not deteriorate the defendant and not violated his right to a defence.
Issues to be settled by the jury, in respect of each defendant separately.
Questions are understandable to the jury.
Article 450. Questions to be settled by a panel of jurors
After the end of the debate the parties, the presiding judge on the basis of public prosecutions supported the results of the judicial investigation and the debate the parties formulated questions to be settled by a panel of jurors. These questions are set out in writing and shall be put to discussion by the parties. The public prosecutor, as well as the victim, civil plaintiff, civil respondent and their representatives, the defendant and the defence counsel may propose amendments to the drafted by the Presidency and ask questions about other issues. The presiding judge may refuse a question on availability of why what is accused of not the defendant or carries a lesser penalty for him.
Then the presiding judge finally articulates the issues to be settled by a panel of jurors, and presents them in a voprosnom sheet, which affirms his decision to be made in the trial transcript. Enquiry sheet shall be signed by the presiding judge, disclosed them in court hearings and jury foreman passed.
Article 451. Parting Word presiding before deleting College of jurors in the deliberation room to the verdict, the presiding appeals to jurors with a speech.
When summing-up presiding is forbidden in any form to express their views on the issues raised before a panel of jurors.
The material Word Presiding: generates content;
informs the content of the criminal law, providing for responsibility for an act in which the defendant is accused;
reminiscent of the investigated in court as incriminating evidence and exculpatory of defendant;
sets out the position of the public prosecutor and the defence;
explains the basic rules for the evaluation of the evidence as a whole, the essence of the principle of the presumption of innocence, the interpretation of the remaining doubts in favor of the defendant.
In case of failure of the defendant to testify or his silence in Court presiding draws the attention of the jury the jury that this fact has no legal value and cannot be interpreted as evidence of the guilt of the defendant.
The jury must be instructed that their verdict may be based only on evidence that directly tested in the trial, no evidence for them do not have a pre-determined force, their conclusions may not be based on assumptions, as well as excluded from the trial evidence.
The presiding officer also explained to the jury procedure for their meetings, respond to questions, vote on answers and verdict.
The presiding officer completes his parting word reminder to the jury of this oath and draws their attention to the fact that, in the case of a guilty verdict, they could recognize the defendant deserved leniency or a special indulgence.
Jurors heard the parting Word presiding and being aware of the set before a panel of jurors questions, is entitled to obtain further clarification from him.
The public prosecutor, as well as the victim, civil plaintiff, civil respondent and their representatives, the defendant and his counsel shall have the right to submit objections in court in connection with the content of the summing-up of the presiding officer of explanation violates the principle of objectivity. If such objections were not timely asserted by the parties before the Court, they are not entitled to rely on the contents of the summing-up of the presiding as a ground for review of the case by a higher court.
Article 452. The secret meeting of the jurors after the summing-up of the judge presiding over complete jurors are removed in the deliberation room to the verdict.
The presence of other persons, in addition to complete the jury in the retiring room is not allowed. With the onset of night time, and with the permission of the presiding also after business hours shall be entitled to suspend the meeting of the jury for the rest. Jurors may not divulge a judgement that took place during the meeting.
Article 453. The order meeting and voting of the jury Meeting jurors leads officers who consistently puts up for discussion to be settled questions, vote on answers and counts votes.
Jurors in discussing their issues should seek to take unanimous decisions. In cases where the jury jurors during three hours after removal in the deliberation room did not reach a unanimous decision on raised before it, the jurors may begin to formulate the answer sheet voprosnom, adopted by a majority in the vote.
Voting is conducted openly. None of the jurors may not abstain. Foreman takes his vote last.
Article 454. The issuance of the verdict a verdict called the decision of jurors in raised before it, including the basic question about the guilt of the defendant.
If College jurors during the discussion failed to reach a unanimous decision within the prescribed time limit, the guilty verdict is adopted if affirmative responses to each of its three core issues the majority of jurors. Acquittal is adopted if a negative answer to any of its three core issues voted at least six jurors. Answers to other questions are determined by a simple majority of the jurors, and if a vote is equally divided, the most favourable to the accused is accepted answer.
The answer to each question in the worksheet and subject to voprosnom resolution, must be an affirmative "Yes" or "no" with negative binding an explanatory Word or phrase, revealing the essence of the answer ("Yes, guilty"; "no, not guilty"; "Yes, guilty, but without intent to deprive of life"; "no, not proven"; "Yes, deserves indulgence" and the like).
Answers to questions made by the foreman of the jury in the enquiry sheet immediately after each of the respective issues. If the answer to the previous question eliminates the need to respond to a subsequent question, officers with the consent of the majority of jurors enter after the word "unanswered".
If the answer to the question was adopted by a vote, the foreman of the jury indicates after answering the result of counting.
Enquiry sheet with answers College jurors shall be signed by the jury foreman.
Article 455. The resumption of judicial investigation, clarify the wording of the questionnaire and further clarification at the request of the College jurors If, during a meeting at the College jurors necessitated further study of any circumstances having essential value for answering questions, jurors returned to the courtroom and jury foreman appeals to the presiding. If compliance with the request of the jury jurors necessary and possible, the presiding judge shall resume the investigation, after which, taking into account the views of the parties could be clarified in the delivered before a panel of jurors questions or formulated new. Having listened to the speeches and a replica of the parties on newly examined circumstances, the last word of the defendant and a parting word of the presiding judge, jurors returned to the deliberation room to the verdict.
In the case where, during a meeting at the College jurors arose a need to clarify the wording of its questions, jurors returned to the courtroom and jury foreman appeals to the presiding. If the presiding, taking into account the views of the participants in the proceedings considers it necessary, they may be clarified in posed before a panel of jurors questions or formulated new. After hearing a brief parting Word presiding over changes in the voprosnom sheet, jurors returned to the deliberation room to the verdict.
If during the meeting of the Collegium of the jurors became necessary to obtain from the judge presiding over further clarification, jurors returned to the courtroom and jury foreman appeals to the presiding. Having received the necessary clarifications by the Presidency in accordance with the requirements of objectivity and impartiality, jurors returned to the deliberation room to the verdict.
Article 456. Proclamation of the verdict by a panel of jurors After the preparation and signing of a questionnaire jurors returned to the courtroom and jury foreman passes presiding enquiry sheet, as it answers.
Finding a verdict unclear or contradictory, presiding indicates its lack of clarity or inconsistencies College jurors and offers in the retiring room to make the clarification. The presiding officer may also, after listening to the views of the parties, make enquiry sheet necessary changes. After hearing a brief parting Word presiding over changes in the voprosnom sheet, jurors returned to the deliberation room to the verdict.
In the absence of comments, the presiding returns enquiry sheet, as it answers the College jurors jury foreman for the proclamation.
The foreman of the jury declares the verdict, reading questions posed before a panel of jurors, and the responses to them.
All are in the courtroom, listened to the verdict of the jury jurors while standing.
Proclaimed by the verdict of the jury jurors passed the Secretary of judicial session for inclusion in the case file.
Article 457. Actions of the presiding after the proclamation of the jury verdict jurors when making college jurors verdict of complete innocence of the defendant in custody, he shall be released immediately in the courtroom by presiding.
After the proclamation of the Collegium's verdict jurors presiding thanked the jurors and announcing the end of their participation in the trial.
The implications of the verdict are discussed without the trial jury jurors. Jurors have the right to remain until the end of the consideration of the case in the courtroom in places assigned to the public.
Article 458. Discuss the implications of the verdict of the jury jurors Presiding provides to the public prosecutor, as well as the victim, civil plaintiff, civil respondent or their representatives, the defendant and his counsel to investigate the evidence, not subject to study, with the participation of jurors, and to speak on matters relating to the legal consequences of a judgment delivered by a panel of jurors verdict, including the qualification of the offence the defendants, assign punishment and permits civil suit. Defender of the defendant and the defendant are always the latest.
Parties may address any questions of law to be settled at the Court ruling, as well as evidence of the former to refer to the defendant's criminal record.
Parties do not put in their statements questioned the correctness of the judgment delivered by the Board of the jury verdict.
The presiding officer stops aside if it affects issues not related to the legal consequences of a judgment delivered by a panel of jurors verdict or other issues to be settled at the Court ruling.
Article 459. Be bound by the verdict of the Jury Verdict jurors jury jurors about the innocence of the defendant is required to the presiding judge and involves them ruling of acquittal. Guilty verdict a jury of assessors is mandatory for the presiding judge, except as provided in this article.
Presiding judge designates done in accordance with a verdict of guilty and set them to circumstances that are not subject to the establishment of a panel of jurors (under the relevant articles of the Criminal Code of the RSFSR as qualifying signs-previous convictions of the accused, his or her official position and other circumstances that require proper legal assessment).
If a panel of jurors sentenced a verdict, and the presiding judge recognized that there were sufficient grounds for ruling of acquittal, in view of the fact that the offence is not installed or is not proved the defendant's participation in the offence, the verdict on the dissolution of the College jury gave the guilty verdict, and the direction of the case for a new trial in a different court composition with preliminary hearings carried out according to the rules laid down in articles 432 and 433 of the present code. This decision is final and without appeal and appeal in cassation.
Guilty verdict a jury of assessors does not prevent the acquittal ruling, if the presiding judge recognized the absence of corpus delicti in the Act.
Article 460. Consequences of the admission of the defendant deserved leniency or a special indulgence defendant's confession deserves indulgence does not enable the presiding judge to appoint him ischislimoe punishment greater than average in size, the resulting bisection of a sum of values of the lower and upper limits of imprisonment or other penalty sanction relevant articles of the Criminal Code of the RSFSR for this punishment.
In cases of offences for which the law provides for the application of punishment-the death penalty, the defendant's confession deserves indulgence does not enable the presiding judge to appoint him the death penalty, but does not preclude the appointment of defendant a sentence of deprivation of liberty within sanctions relevant articles of the Criminal Code of the RSFSR.
Defendant's confession deserves particular indulgence obliges the presiding judge to appoint him below the lower limit, prescribed by law for the offence in question, or go to another, softer punishment in accordance with the provisions of article 43 of the Criminal Code of the RSFSR.
If a panel of jurors, the defendant was found not worthy of indulgence or a special indulgence, the presiding judge in the circumstances of the case, mitigating and aggravating responsibility, and the perpetrator is entitled to assign the defendant to punishment not only within the limits laid down in the corresponding article of the special section of the Criminal Code of the RSFSR, but with the application of the provisions of article 43 of the Criminal Code of the RSFSR.
Article 461. Types of decisions taken by the trial judge in a jury trial the presiding judge ends one of the judgments regulation, respectively, article 261 or chapter twenty-fifth of the present Code, namely: 1) Ordinance on proceedings in cases stipulated in article 436 of the present code;
2) supporting sentence-in cases where the jury jurors gave a negative answer at least one of the three core issues referred to in the first part of article 449 of the present Code, either when the presiding judge recognized the absence of crime in the Act;
3) conviction without punishment in cases stipulated in points 3 and 4 of the first paragraph of article 5 and article 6 of this code;
4) conviction with a sentence in cases where the defendant was found guilty of committing a crime jury verdict jurors and there is no basis for decisions of other decisions;
5) Decree on dissolution of the College jurors and about the direction of the case for a new trial in a different composition of the Court, in the case where, in the opinion of the presiding judge, there are statutory grounds for acquittal, despite the guilty verdict a jury jurors.
In the case when the jury trial revealed the circumstances giving grounds for believing that the defendant on his mental state could not be held criminally liable or ill mental illness, depriving him of the opportunity to understand their actions or control them, as evidenced by the relevant conclusion of the forensic psychiatric examination, the presiding judge shall rule on the cessation of the examination of cases involving College jurors and reviewing it in order provided by section eighth of this code.
The ruling of the presiding judge to discontinue a case involving jury jurors and forward it for consideration, in accordance with the General procedure established by the present Code, finally, appeal and appeal in cassation.
Article 462. Peculiarities of sentence, resolved by jury trial procedures for the preparation and proclamation of convictions and acquittals of juries must satisfy the requirements of articles 312-318 of this code with the following characteristics: sentence in the chapeau, resolved by a jury, the presiding judge does not indicate the names of the jurors;
in a narrative verdict is motivated by the presiding judge of the references to the jury verdict jurors or the public prosecutor of the charges and the evidence requires a cast in their confirmation only in part, not derived from a panel of jurors handed down the verdict. In a narrative verdict should contain a description of the criminal act, which the College jurors recognized the perfect characterization of the offence, sentencing and reasoning of the Court in respect of a civil action or compensation for material damage caused by crime. In a narrative verdict sets out the essence of the charges on which the jury jurors verdict was imposed;
in the operative part of the verdict, resolved by a jury, shall include an indication of the procedure and term for appeal and protest verdict in Cassation Chamber of the superior court.
Chapter thirty-eighth Features production in Court of second instance Article 463. Procedure of appeal, protest and checks are not entered into legal force court decisions the jury verdicts and appeals, challenging and checking not yet enforceable sentences and orders of the Court of Assizes is determined by the rules laid down in the fourth section of this code, with the characteristics specified in the present chapter.
Article 464. Appeal and protest not yet enforceable judgements and orders of the Court of Assize
The jury's verdicts, rulings by the presiding judge in the Court of jurors to dismiss the case, as well as the ruling of the presiding judge, referred to in paragraphs 2 and 5 of article 221 of the present Code, made based on the results of the preliminary hearing may be appealed and challenged by way of Cassation. Other rulings handed down by the presiding judge, jury and appeal are not subject to appeal.
Verdicts and rulings handed down by the jury at the regional, provincial, municipal court, appealed and contested in the Appeal Division of the Supreme Court of the Russian Federation.
Article 465. Features of production in cassation shall be grounds for cancellation or change judgments are cassation only: 1) unilateralism or incompleteness of the investigation occurred due to: incorrect exceptions proceedings admissible evidence, which may be significant for the outcome of the case;
unjustified refusal side in the study of evidence that may be significant for the outcome of the case;
neissledovanija significant for the outcome of the evidence subject to mandatory study by virtue of article 79, the second part of article 232, article 258, the second part of article 308, paragraph 2 the second part of article 343, the fourth part of Article 351 and article 352 of the present code;
Research at the trial inadmissible evidence, if it could be significant for the outcome of the case;
2) material breach of the law on criminal procedure;
3) incorrect application of the law to the circumstances of the case, as they were set by a jury;
4) appointment of unjust punishment.
Chamber is entitled to change the corresponding judgement, if it is not changed in the worse for the defendant (convicted or acquitted) side.
The appellate court cannot undo the acquittal, the definition of a decision rendered in favor of the defendant, based on significant violations of his rights.
Chamber may not revise the sentence on grounds of violation of the principle of objectivity in his presidency therefore Word, if the parties were not declared objections directly after summing-up in court.
The appellate Chamber may not refer the case for a new investigation.
Chapter thirty-ninth revision Features have come into force of res judicata sentences and orders of the Court of Assizes Article 466. Review by way of supervision entered into enforceable sentences and orders of the Court of Assize proceedings entered into force with the verdicts and rulings of Court of Assizes in supervisory instance according to the rules established by the head of the thirtieth of the present code is possible only on the grounds provided for in article 465 of the code. ".
III. articles 176-1, 176-2 and 176-3 of the Criminal Code of the RSFSR (Gazette of the Supreme Soviet of the RSFSR, 1960, no. 40, p. 591; 1989, no. 50, p. 1477; Gazette of the Congress of people's deputies of the Russian Federation and the Supreme Soviet of the Russian Federation, 1992, no. 47, art. 2664), the words "judges or people's assessors", "judge or people's assessor", "a judge or people's assessor", "judges or people's assessors" were replaced by the words "respectively, judges or jurors, folk", "people's judge or prisjazhnomu the assessor", "judge or people's assessor to the jury", "judges, people's or juror."
IV. (repealed-federal law out N 196-FZ) v. (lost effect-the Federal law dated out N 196-FZ), the President of the Russian Federation, b. Yeltsin Moscow, Russia July 16, 1993 House Tips N 5451-I
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