THE EUROPEAN PROCEDURAL MODELS IN JURY TRIALS: JURY TRIAL IN BELGIUM (COMPARATIVE LEGAL RESEARCH)
Rubrics: PROCEDURAL LAW
Authors:
Type:
Article
Pages:
from 0
to 0
Status:
Published
Received:
24.08.2016
Accepted:
24.08.2016
Published:
24.08.2016
Language:
Russian
Keywords:
jury trial, juror, verdict, judicial enquiry, examination of a witness, sentence, charging a jury, selection of a jury, proving.
Abstract (English):
The article is devoted to the peculiarities of the procedural rules in the jury administered in Belgium in compliance with the Rules adopted in 1878 (with amendments of 2016) as a type of a European model procedure. These features are considered in the comparative legal aspect, in comparison with the same procedure that of the Russian CCP. The article notes that the requirements for candidates for jurors, enshrined in the Code of Criminal Procedure of Belgium, in general, are similar to the Russian requirements. The procedure of drawing up lists of candidates for jury service in Belgium has significant similarities with the Russian, as there is the absence of open (transparent) procedures, which is compensated by the publication of the lists. Features of the Belgian procedure of selecting the jury manifested in the establishment of the rule of gender proportions of the panel, which is not typical for the Russian legislation and practice. The proceeding in the jury trial in Belgium is an example of the continental type of this form of proceeding and its significant differences from the same procedure, enshrined in the Russian CCP are based on this factor. The presiding judge has broad discretion in the field of proving, as all questions set by the parties for interrogated persons are asked through him. The features of the judicial enquiry in jury in Belgium are: the presentation of an indictment and defense objections to the jury, the prohibition to the parties to put questions to the defendant, an extensive research of the personal information of the defendant before the jury. The article notes the specifics of the stages of putting the questions to jury, of charging the jury (the presiding judge don’t address the facts of the case), of the jury deliberations, as jury is obliged to motivate the verdict. The article suggests the possibility of the borrowing of the certain elements of the Belgian model of proceeding into a jury trial of the Russian legislation.
The article is devoted to the peculiarities of the procedural rules in the jury administered in Belgium in compliance with the Rules adopted in 1878 (with amendments of 2016) as a type of a European model procedure. These features are considered in the comparative legal aspect, in comparison with the same procedure that of the Russian CCP. The article notes that the requirements for candidates for jurors, enshrined in the Code of Criminal Procedure of Belgium, in general, are similar to the Russian requirements. The procedure of drawing up lists of candidates for jury service in Belgium has significant similarities with the Russian, as there is the absence of open (transparent) procedures, which is compensated by the publication of the lists. Features of the Belgian procedure of selecting the jury manifested in the establishment of the rule of gender proportions of the panel, which is not typical for the Russian legislation and practice. The proceeding in the jury trial in Belgium is an example of the continental type of this form of proceeding and its significant differences from the same procedure, enshrined in the Russian CCP are based on this factor. The presiding judge has broad discretion in the field of proving, as all questions set by the parties for interrogated persons are asked through him. The features of the judicial enquiry in jury in Belgium are: the presentation of an indictment and defense objections to the jury, the prohibition to the parties to put questions to the defendant, an extensive research of the personal information of the defendant before the jury. The article notes the specifics of the stages of putting the questions to jury, of charging the jury (the presiding judge don’t address the facts of the case), of the jury deliberations, as jury is obliged to motivate the verdict. The article suggests the possibility of the borrowing of the certain elements of the Belgian model of proceeding into a jury trial of the Russian legislation.
Keywords:
jury trial, juror, verdict, judicial enquiry, examination of a witness, sentence, charging a jury, selection of a jury, proving.
jury trial, juror, verdict, judicial enquiry, examination of a witness, sentence, charging a jury, selection of a jury, proving.
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