Насонов С.А. Вердикт присяжных заседателей в контексте учения П.А. Лупинской о решениях в уголовном судопроизводстве

Аннотация: The article discusses the verdict of the jury in the context of the theory on the criminal proceedings decisions formulated by P.A. Lupinskaya in her several publications. To analyze the essence of the verdict of the jury the article identifies whether it possesses the attributes of the procedural decision in the criminal proceedings based on procedural decision definition given by P.A. Lupinskaya as well as its attributes set forth in the abovementioned monograph. The article discusses the following attributes of the verdict in succession: the verdict settling only issues pertaining to the competence of the jury; characteristics of the verdict as a main procedural decision; collegiality of the verdict; obligatory character of the verdict for the presiding justice and parties; unmotivated verdict; final character of the verdict; the verdict possible going beyond the scope of the criminal law. The article further looks at the requirements imposed by the law on the verdict such as consistency of the verdict; completeness of the verdict; clearness of the verdict; relevance in law of the jury’s answers; compliance with the rules on reaching the verdict in the consultation room. Content of such requirements is shown based on the examples taken from the court practice.

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Abstract: The article discusses the verdict of the jury in the context of the theory on the criminal proceedings decisions formulated by P.A. Lupinskaya in her several publications. To analyze the essence of the verdict of the jury the article identifies whether it possesses the attributes of the procedural decision in the criminal proceedings based on procedural decision definition given by P.A. Lupinskaya as well as its attributes set forth in the abovementioned monograph. The article discusses the following attributes of the verdict in succession: the verdict settling only issues pertaining to the competence of the jury; characteristics of the verdict as a main procedural decision; collegiality of the verdict; obligatory character of the verdict for the presiding justice and parties; unmotivated verdict; final character of the verdict; the verdict possible going beyond the scope of the criminal law. The article further looks at the requirements imposed by the law on the verdict such as consistency of the verdict; completeness of the verdict; clearness of the verdict; relevance in law of the jury’s answers; compliance with the rules on reaching the verdict in the consultation room. Content of such requirements is shown based on the examples taken from the court practice.

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