THE JURY INSTITUTE: IMPROVEMENT, BASED ON THE INTERNATIONAL EXPERIENCE
Journal: International Scientific Journal "Internauka" (Vol.2, No. 78)Publication Date: 2019-11-30
Authors : Abramova Valentina;
Page : 59-62
Keywords : jury; jury’s powers; court; human rights; international experience; judicial system of Ukraine; punishment;
Abstract
The article covers the issues of current Jury institute in Ukraine. Firstly the article starts from describing the criminal case category considered by jury in Ukraine. After that the author shows the level of Ukrainian society's trust to the judicial system of Ukraine. Then the author compare this category in another countries, such as the USA, Kanada, France. Moreover, the author offers to make correspond changes in our legislation. Secondly, in the article explains the problem with the number of jury. In the Code of Criminal Procedure of Ukraine, there are only 3 jury to 2 professional judges. In the author's opinion, it's a violation of the human right to a fair trial, because the weith of judge's opinion can't be overcome by 3 average citizens. In another counties such as the USA or France there are eight or twelve of them. So the author offers to increase the number of jury. What is more, the another problem of this institute is full powers of this jury. They decide guilty or not the accused and choose, together with the judge, the punishment for he or she. To talk about another countries, there are some different and author pays attention for this. For example in the USA jury during the trial can only vote about the guiltiness or innocence of a person, while the Code of Criminal Procedure of France claimed that jury can, like in Ukraine, choose the punishment for defendant. On the author's opinion, we shouldn't change this jury's powers in Ukrainian legislation.
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