Критерии подсудности уголовных дел суду присяжных

Abstract

The article provides an overview of the criminal procedure studies on the concept and types of criminal cases jurisdiction. Consideration the characteristics (properties) of the criminal case the theory of criminal process allocates three main types of jurisdiction: subjectmatter jurisdiction, territorial jurisdiction, personal jurisdiction. In addition to the listed types of jurisdiction allocation is made of jurisdiction on the composition of the court. The author notes that the distinction between types of jurisdiction of criminal cases is conditional. Set by the criminal procedure law, all the types of jurisdiction are considered simultaneously when deciding which court and in what part a criminal case would be considered. The article concludes that the rules of criminal procedure do not contain clear criteria for definition of jurisdiction of criminal cases to the Grand jury. This not only restricts the right of the accused to a trial by jury, but in general, greatly complicates the question of jurisdiction of criminal cases to the Grand jury. The author formulates the proposal on amendments in the Code of Criminal Procedure of the Russian Federation to clarify the criteria of subjectmatter jurisdiction of criminal cases to the Grand jury. This is necessary to ensure the lawful composition of the court in the consideration of criminal cases by court with participation of jurors in the provincial /regional and district courts.DOI 10.14258/izvasu(2017)6-06