俄罗斯刑事案件陪审团审判中的信息和数字技术

Anna A. Petrikina, Tatyana G. Borodinova, Irina V. Gubko
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引用次数: 0

摘要

很难高估陪审员制度在刑事诉讼法中的作用,因为有了陪审员制度,人们才有可能参与司法程序。在实践中,陪审员的组成过程以及他们直接参与刑事案件的过程都可以通过使用各种信息技术来实现。在瞬息万变的社会政治形势下,没有现代信息和数字技术,人民代表就不可能参与司法。随着陪审员活动范围的扩大,其权限也扩展到不仅是地区一级,而且是区一级管辖的各类刑事案件,这就决定了本研究的目的是研究和分析在组建陪审员小组以及在传统和远程形式的审判中组织陪审员活动时出现的问题。研究确定了以下任务:在信息和数字技术的帮助下,查明民众在实现参与司法权利方面积极性不高的原因;确定筛选候选人的战略,并为其随后参加庭审做好准备;解决在俄罗斯联邦实施新形式刑事司法机构的组织问题。在现有数字和信息能力的基础上,尝试更新有关刑事诉讼中陪审团的组建过程和进一步活动的科学立场。司法系统的从业人员和刑事诉讼领域涉及陪审员制度的形成、发展和完善的研究人员都有可能落实工作成果。可以得出的结论是,现代世界刑事诉讼形式的转变、新技术的出现、数字化对人类生活各个领域的渗透,都极大地影响了刑事案件司法管理中民众代表的产生,并成为其不可分割的一部分,要求法律的确定性。
本文章由计算机程序翻译,如有差异,请以英文原文为准。
Information and digital technologies in jury trial of criminal cases in Russia
It is difficult to overestimate the role of the institution of jurors in criminal procedural law, since due to its existence the possibility of people's participation in the justice process is realized. The process of forming the jury bench and their direct participation in criminal cases in practice is possible with the use of various information technologies. In the rapidly changing socio-political situation in society, the participation of representatives of the people in administaring justice is impossible without modern information and digital technologies. The expansion of the scope of jury activities and extension of their competence to the categories of criminal cases under the jurisdiction of not only regional, but also district level, predetermined the study and analysis of problems arising in the formation of the jury panel and organization of their activities in the trial in the traditional and remote format as the purpose of the study. The following tasks are defined: to identify, with the help of information and digital technologies, the reasons for the low activity of the population in realization of the right to participate in justice administration; to determine the strategy for screening candidates and their subsequent preparation for participation in court session; to solve organizational problems of implementing new forms of this institution of criminal justice in the Russian Federation. An attempt has been made to update the scientific position regarding the process of formation and further activities of the jury panel in criminal proceedings based on the available digital and information capabilities. Implementation of the results of the work is possible both for practitioners of the judicial system and for researchers in the field of criminal procedure envolved with formation, development and improvement of the institution of jurors. It can be concluded that transformation of forms of criminal proceedings taking place in the modern world, emergence of new technologies, penetration of digitalization into all spheres of human life have significantly affected the genesis of popular representation in justice administration in criminal cases and become an integral part of it, requiring legal certainty.
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