The right of convicted person to appeal against a sentence, pronounced on the basis of the verdict of the jurors, and the role of the advocate in its realization

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Purpose: Оn the basis of the existing criminal procedure legislation of the Russian Federation and practice of its application to analyze the implementation of rights of the convicted to appeal against a sentence, pronounced by the court with participation of jurors, and to determine the role of the lawyer in exercising such right. Methodology: The dialectical, logical, systematic, formal-legal methods was used. Results: The article concludes that the specificity of appeals against sentences of the court with participation of jurors predefined order of consideration of the criminal case that the composition of the court, special order of sentencing, and takes into account the mixed nature of the Institute of appeal, which contains features of the cassation. The author draws attention to the fact that the possibility of criminal proceedings in the part of the presiding judge and of the jury due to the will of the accused, therefore the defense should not only be best prepared for the procedure of consideration of criminal case by court with participation of jurors, but also to have a clear understanding of the consequences of making the court verdict, in particular, about the legislative prohibition of appellate review of the judgment on the merits. The article notes the significant role of the lawyer in the implementation of the right of the convicted to appeal the sentence, pronounced on the basis of the verdict, the jury shown the importance of drawing as a lawyer of high quality, deeply motivated and based on provisions of the appeal on the specified sentence, but also reveals typical examples of permissible from the defense attorneys for violations of limits appellate review of jury verdicts. Novelty/originality/value: Article has a certain scientific value and practical significance, since in the context of the rights of the convicted on appeal of jury verdict focuses on the important role of the advocate in the exercise of this right, and also contains a generalization, which allowed us to formulate conclusions about the imperfection of the advocate and judicial practice.

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Короткий адрес: https://sciup.org/140225096

IDR: 140225096

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