Conditionality of the subject of evidence in a court with the participation of juries by the individual properties of the jury trial

The subject of proof in a jury trial has its own characteristic features. The analysis of doctrinal positions on the essence of the trial by jury allowed us to conclude that procedural and psychological elements are internal features of individual properties of the jury trial. Identified internal signs of individual properties of the jury trial, made it possible to outline the factors that determine the features of the subject of proof in a jury trial. To the procedural features the author attributes the factor of differentiation of the subject of proof. The study of evidence with the participation of jurors for the verdict (a question of fact) and the study of circumstances to be proved in the case after the verdict (a question of law). The factor of narrowing the subject of proof by excluding certain circumstances from the subject of proof in the form of the study of circumstances characterizing the defendant’s personality. Prohibitions to investigate “other data” that may cause prejudice to the jury against the defendant. The factor of expansion of the subject of proof by raising additional questions, inclusion of certain circumstances, depending on the position of the parties. To psychological signs the author includes the factor of differentiation of the subject of proof in the form of a difference in the perception of the juror and professional judge of the circumstances to be proved in the case. The factor of narrowing the subject of proof by excluding certain circumstances from the subject of proof, which entails distortion of the juror’s worldly legal consciousness.