{"title":"非专业人士参与:Schöffen法院和陪审团审判","authors":"O. Biryukova","doi":"10.21603/2542-1840-2023-7-1-59-65","DOIUrl":null,"url":null,"abstract":"Lay participation is an indicator of a democratic society. This article analyzes some traditional forms of lay participation in criminal proceedings, in particular, the Schöffen courts in Germany and jury trials in the UK, e.g., the main competencies of people's judges, staffing rules, etc. The author highlighted some general and special disadvantages, as well as those associated with the application of these forms in Russian criminal trials. The diachronic analysis of courts with people's assessors and jury courts revealed a number of differences and similarities. In Russia, Schöffen courts took place during the reign of Catherine the Great, as well as in the Soviet period; jurors participated in criminal trials in the second half of the XIX century and still do. The article also describes the current domestic legislation on lay participation in judicial proceedings.","PeriodicalId":33387,"journal":{"name":"Vestnik Kemerovskogo gosudarstvennogo universiteta","volume":"26 1","pages":""},"PeriodicalIF":0.0000,"publicationDate":"2023-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Lay Participation: Schöffen Courts and Jury Trials\",\"authors\":\"O. Biryukova\",\"doi\":\"10.21603/2542-1840-2023-7-1-59-65\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Lay participation is an indicator of a democratic society. This article analyzes some traditional forms of lay participation in criminal proceedings, in particular, the Schöffen courts in Germany and jury trials in the UK, e.g., the main competencies of people's judges, staffing rules, etc. The author highlighted some general and special disadvantages, as well as those associated with the application of these forms in Russian criminal trials. The diachronic analysis of courts with people's assessors and jury courts revealed a number of differences and similarities. In Russia, Schöffen courts took place during the reign of Catherine the Great, as well as in the Soviet period; jurors participated in criminal trials in the second half of the XIX century and still do. The article also describes the current domestic legislation on lay participation in judicial proceedings.\",\"PeriodicalId\":33387,\"journal\":{\"name\":\"Vestnik Kemerovskogo gosudarstvennogo universiteta\",\"volume\":\"26 1\",\"pages\":\"\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2023-01-27\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Vestnik Kemerovskogo gosudarstvennogo universiteta\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.21603/2542-1840-2023-7-1-59-65\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"\",\"JCRName\":\"\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Vestnik Kemerovskogo gosudarstvennogo universiteta","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.21603/2542-1840-2023-7-1-59-65","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"","JCRName":"","Score":null,"Total":0}
Lay Participation: Schöffen Courts and Jury Trials
Lay participation is an indicator of a democratic society. This article analyzes some traditional forms of lay participation in criminal proceedings, in particular, the Schöffen courts in Germany and jury trials in the UK, e.g., the main competencies of people's judges, staffing rules, etc. The author highlighted some general and special disadvantages, as well as those associated with the application of these forms in Russian criminal trials. The diachronic analysis of courts with people's assessors and jury courts revealed a number of differences and similarities. In Russia, Schöffen courts took place during the reign of Catherine the Great, as well as in the Soviet period; jurors participated in criminal trials in the second half of the XIX century and still do. The article also describes the current domestic legislation on lay participation in judicial proceedings.