In a jury trial, the attorneys may violate the criminal procedure code, said Deputy Chairman of Moscow city court

© Fotolia / Cordages jury. Archival photoIn a jury trial, the attorneys may violate the criminal procedure code, said Deputy Chairman of Moscow city court© Fotolia / Corgarashu

Deputy Chairman of Moscow city court Dmitry Fomin believes that often lawyers ask for jury trials for their clients, to inform the Board about extenuating circumstances or knocking out confessions.

«Unfortunately, in my estimation, the vast majority of cases, the defense asks the jury precisely in order to violate those rules, mentioned in article 335 of the criminal procedure code: in order to investigate precisely the circumstances that cannot be study with the participation of a jury. It is either the identity: he is poor, miserable, sick, with children, have pity on him, he could not make; any violations during the preliminary investigation: knocking out confessions provocation», — he said in an interview with the journal «criminal procedure».

Fomin added that in his practice very rarely there have been cases where the situation went the other way, where defence lawyers argued on the merits of the charges that have been filed.

Under the law, the jury can only report the factual circumstances of an incriminated crime — data on the identity of the defendant and about the investigation they should not know. The accused has the right to refuse grateful indications, however, according to law, they remain in the case file and can be read to a jury. To claim coercion in the interrogation of the defendant can not — this information applies to the course of the investigation.

Deputy Chairman of the Moscow city court said it sees 5-10 cases with participation of jury in each of the 35 district courts of Moscow to the year. He recalled that the examination of cases by jury requires from the judge a lot of attention and tension.

«Any mistake of a judge in this process can lead to cancellation of the sentence, pronounced on the basis of the verdict of the jury. Unacceptable statement of parties, witness, defendant or victim, if the referee didn’t react on time, will result in illegal influence on the jury. The judge listened, fascinated, distracted by something, was not willing to prevent a violation of the process — all this was in the Protocol, and then the cancellation of the sentence can not be avoided,» — said Fomin. According to him, Moscow is planning all the processes of the jurors conduct in the halls, equipped with audio and video recording, in order of appeal and cassation instances even quickly resolving disputes about procedural violations.

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