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The Nature of the Russian Trial by Jury

The Nature of the Russian Trial by Jury This paper explores the legal and political role of the jury system in contemporary Russia. It aims to examine whether trial by jury is an essential right of Russian citizens ( jurata patriae ) or, rather, a prerogative of the state ( raison d’état ). The main focus of the paper is the analysis of the Russian Constitution and the jurisprudence of the Constitutional Court of the Russian Federation. In particular, the authors consider a recent majority decision of the Constitutional Court, which uphold the constitutionality of the law that abolished jury trials for terrorist, espionage and other crimes against the state. http://www.deepdyve.com/assets/images/DeepDyve-Logo-lg.png European Journal of Crime, Criminal Law and Criminal Justice Brill

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References (17)

Publisher
Brill
Copyright
© 2014 by Koninklijke Brill NV, Leiden, The Netherlands
Subject
Articles
ISSN
0928-9569
eISSN
1571-8174
DOI
10.1163/15718174-22022043
Publisher site
See Article on Publisher Site

Abstract

This paper explores the legal and political role of the jury system in contemporary Russia. It aims to examine whether trial by jury is an essential right of Russian citizens ( jurata patriae ) or, rather, a prerogative of the state ( raison d’état ). The main focus of the paper is the analysis of the Russian Constitution and the jurisprudence of the Constitutional Court of the Russian Federation. In particular, the authors consider a recent majority decision of the Constitutional Court, which uphold the constitutionality of the law that abolished jury trials for terrorist, espionage and other crimes against the state.

Journal

European Journal of Crime, Criminal Law and Criminal JusticeBrill

Published: Apr 11, 2014

Keywords: Trial by jury; comparative jury systems; criminal procedure; political crimes; fair trial; Russian criminal justice; lay adjudication of crimes; independent and impartial tribunal; jury reform in Eastern Europe; adversarial trial; natural and inherent right; constitutional law

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