Nasonov, S.A. Specific features for the limits to the judicial proceedings in criminal cases involving trial by jury

Abstract: The article is prepared in the process of scientific research work within the framework of the Federal Targeted Program “Scientific and Scientific – Pedagogical Cadres of the Innovative Russia” for 2009-2013. The article is devoted to the specific features of the judicial proceedings when the criminal case is tried by a jury. First specific features concerns “separation” of the position of the prosecution into elements, which have to be evaluated by the jury and which are examined by the court only after the verdict. The second specific feature involves a special procedural document – a questionnaire, which presents the factual basis for the accusation (and often for the defense as well). The second range of problems regards provisions in the Criminal Procedural Code of the Russian Federation allowing the parties to provide specialized and alternative questions for the jury, which may alter the contents of the accusation. The article is completed by the analysis of the problems regarding correspondence between the formulation and legal qualification of the crime in the court decisions based upon the factual circumstances established by the jury verdict.

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