Криминалистические аспекты участия гособвинителя в формировании коллегии присяжных с позиций ситуационного подхода

Abstract

The article considers the tactical aspects of the prosecutor’s participation in forming the jury panel. The study aims to identify and analyze existing tactical issues of the state prosecu­tor’s involvement in this stage of judicial proceedings and develop proposals for their resolu­tion. The research methodology is based on a combination of general scientific and specialized methods, as well as a situational approach. Tactical tasks facing the state prosecutor at this stage of legal proceedings are outlined. From the perspective of the situational approach, the process of establishing and maintaining psychological contact between the prosecutor and potential jury candidates is examined. The ways in which the state prosecutor studies the personalities of potential jurors are presented. The author identifies typical situations of jury selection. A solution to the problem of potential jurors concealing information about them­selves is proposed, involving the identification of situations within the jury candidate ques­tionnaire, depending on the form of the questionnaire and the likelihood of lying in response. The conclusion is drawn that the effective influence of the prosecutor on the composition of the jury panel is based on the judicious use of their right to challenge with cause and without cause, which is grounded in the results of studying the jurors’ personalities.