Procedural irregularity of jurors at the stage of the judicial investigation, entailing the remission of the sentence
Objective: To study the causes of procedural irregularity of jurors at the stage of the judicial investigation, as well as conditions under which such violations result in the remission of an enacted sentence. Methodology: Statistical, functional and technical methods were used. Results: The article deals with specific irregularity of jurors at the stage of the judicial investigation in terms of the judicial practice; forms of abusive act of jurors of the right to study the evidence, which are connected with recordkeeping; the analysis of ‘typical’ irregularities of jurors at the pointed stage of the proceedings as irregularity of the procedure of replacing of the juror, receiving information in the out-of-proceeding form. Causes and factors, which contribute to the occurrence of the procedural irregularity by jurors, are investigated. The article contains the author’s concept of integrated procedural irregularities of jurors and the foreman. There is an analysis of the cases when such irregularities result in the remission of the sentence. Considerable attention is given to decisions of the superior courts on sentence cancellation in connection with procedural violations of jurors, admitted in the trial. Novelty/originality/value: The article possesses high scientific value, it is an attempt of the generalization of scattered theoretical and practical material in a multiple survey devoted exclusively to the issue of the procedural irregularity of jurors at the stage of the judicial investigation, can result in remission of the sentence. In addition, conclusions can be the basis for the reforming of current laws governing the procedural status of jurors, as well as introduction of changes and additions to the resolutions of the Plenum of the Supreme Court of Russian Federation.