Злоупотребление правом профессиональными участниками судебного разбирательства в суде присяжных

Abstract

The article examines the forms of abuse of procedural rights by professional participants in court proceedings in a jury trial, factors that determined their emergence and ways to overcome this phenomenon in legislative regulation and judicial practice. The author follows the position that abuse of rights in a jury trial consists of the actions (inactions) of participants of the proceedings, which, according to external signs, do not go beyond the limits of these rights (powers), but contradict the purpose for which they were provided to the participant of the proceedings and objectively do not correspond the purpose of legal proceedings and its principles. As a form of abuse of right on the part of the presiding judge, the article examines his refusal to wait for a juror who has not appeared, if this entails the annulment of the jury’s verdict and (or) the dissolution of the panel. It is argued that a typical abuse of law for the public prosecutor is the extra-procedural collection of information about jurors, which, in the event of a not guilty verdict, is used to justify the illegality of the composition of the jury panel that examined the criminal case. Examples of abuse of procedural rights by a defender are considered, including his use of the right to object to the presiding judge final instructions as an additional speech to the jury. Ways to minimise these forms of abuse of rights are proposed.