The impact of miscarriages of justice on the effectiveness of the administration of justice in a jury trial
Автор: Ilyukhov A.A.
Журнал: Вестник Академии права и управления @vestnik-apu
Рубрика: Теория и практика юридической науки
Статья в выпуске: 4 (79), 2024 года.
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The article is devoted to the study of the influence of judicial errors on the effectiveness of the administration of justice in a jury trial. The analysis showed that the epistemological essence of the procedural error of the court (judge) forms significant violations of the criminal procedure law that influenced the issuance of a lawful and reasonable judicial decision, and such errors include: restriction of the victim’s right to participate in the formation of a jury; violations committed when resolving petitions for consideration of the case by a jury; incorrect formulation of questions to jurors; non-compliance with the procedure for pronouncing a parting word; passivity of the presiding judge to violations committed by the parties to the process during the trial of the case; violation by the presiding judge of the observance of the order and secrecy of the jury meeting in the conference room; passing a verdict by a tendentious jury; imposition of punishment that does not correspond to the nature and degree of public danger of the committed act; erroneous qualification by the court of what was done.
Jury trial, miscarriages of justice, criminal procedure, the effectiveness of the administration of justice
Короткий адрес: https://sciup.org/14131637
IDR: 14131637 | DOI: 10.47629/2074-9201_2024_4_35_40