ABOUT PROCEDURAL PROBLEMS OF CHANGING CHARGES BY JURORS

The article is devoted to the study of theoretical and practical issues of changing charges by jurors as part of a study of the institution of changing charges when considering criminal cases in the court of first instance. Two forms of changing charges by jurors are identified: by answering private questions and at their own discretion. The legal regulation of the limits of changing charges taking into account current legislation is studied. The problem of eliminating a technical error in the prosecution when asking questions to jurors is considered and a proposal is formulated to eliminate this problem. Based on the results of the analysis of judicial practice, the main errors (violations) when changing charges, which were made when drawing up the questionnaire, are identified: incomplete presentation of the description of the criminal act in the questionnaire; going beyond the scope of the accusation when raising questions; not raising private questions if there are grounds; raising questions that lead to a conflicting verdict. The problem of changing charges by jurors at their own discretion is studied, and the need to eliminate this problem is substantiated. The positive historical and foreign experience of changing charges by jurors is studied, on the basis of which it is possible to improve the regulation of changing charges by jurors. Based on the analysis, in order to eliminate the problems identified during this study and ensure uniform judicial practice, as well as improve legal regulation in this area, proposals are developed to amend Articles 338 and 339 of the Code of Criminal Procedure of the Russian Federation, paragraphs 29, 30, 33 of the resolution of the Plenum of the Supreme Court of the Russian Federation of November 22, 2005 No. 23.

limits to changing charges, forms of changing charges, jurors, questionnaire, verdict, trial, sentence, technical error, charge, changing charges

Karpov A. S. About procedural problems of changing charges by jurors. Biznes. Obrazovanie. Pravo = Business. Education. Law. 2024;3(68):261—266. DOI: 10.25683/VOLBI.2024.68.1078.