Maksimova, T.Y. Role of the chairperson in the formation of the inner conviction of the jury in a case and prevention of illegal influence on the jury: comparative legal analysis of the norms of the Charter of Criminal Judicial Proceedings of 1864 and the Criminal Procedural Code of the Russian Federation

Abstract: The article is devoted to the comparative legal analysis of the norms of the Charter of Criminal Judicial Proceedings of 1864 and the Criminal Procedural Code of the Russian Federation on the role of the chairperson in the formation of the inner conviction of the jury in a case and prevention of illegal influence on the jury. The article concerns the issue of formation of the inner conviction and what is “illegal influence” upon the jurors, because it is often one of the grounds for termination of the judgment of the court based upon the jury verdict by a higher court. The norms, which are aimed to limit illegal influence on jurors according to the Charter are divided into two aspects: organizational measures and the measures involving judicial hearings. The introductory claims of the parties, interrogation, oral arguments of the parties, instructing speech of a presiding judge are viewed from the standpoint of the formation of the inner conviction of the jurors in a comparative aspect between the Charter of Criminal Judicial Proceedings and the Criminal Procedural Code of the Russian Federation. The author uses the method of comparative legal analysis of the norms of the Charter of Criminal Judicial Proceedings of 1864 and the Criminal Procedural Code of the Russian Federation on the role of presiding judge in the formation of the inner conviction of jurors regarding their position on a case. The author makes a conclusion that the procedural mechanisms in the Charter of Criminal Judicial Proceedings of 1864 and the Criminal Procedural Code of the Russian Federation guaranteeing participation of the chairperson in the formation of the inner conviction of the jury in a case and prevention of illegal influence on the jury have both similar and dissimilar features, which is of much importance for the scientific development in the sphere of modern criminal process.

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