Investigation of Data on the Identity of the Defendant in Court with the Participation of Jurors
- Authors: Zolotykh V.V.1
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Affiliations:
- Sevastopol City Court
- Issue: No 2 (2025)
- Pages: 75-84
- Section: Criminal law studies
- URL: https://medbiosci.ru/2072-909X/article/view/364453
- DOI: https://doi.org/10.37399/issn2072-909X.2025.2.75-84
- ID: 364453
Cite item
Abstract
The article is devoted to the problems of interpretation and application of the provisions of the criminal procedure law, which determine the features of the study of data on the identity of the defendant in court with the participation of jurors. The author has studied the practice of considering criminal cases in the Rostov region and the city of Sevastopol. The data obtained are compared with the practice of the Supreme Court of the Russian Federation, cassation and appeal courts of general jurisdiction.
In the course of the study, such tasks were solved as: identifying key law enforcement problems, analyzing the causes of the described problems, and determining ways to resolve them.
At the same time, systematic and logical methods, the method of analyzing judicial practice, comparative legal and comparative historical methods, and the method of interpreting legal norms were used.
The problems identified in the course of the study were analyzed in the context of current legal regulation and established judicial practice. At the same time, the provisions developed in the theory of criminal procedure law, the experience of the domestic pre-revolutionary jury trial, as well as foreign experience were taken into account.
Special attention is paid to the issue of the limits of the study of data on the identity of the defendant, the problem of interpreting the provision on “data capable of causing prejudice to the jury in relation to the defendant”.
The author formulated proposals to improve the current legislation and judicial practice. In particular, it is proposed: to expand the limits of research on the identity of the defendant; clarify the concept of “other data that may prejudice the jury against the defendant”; to grant the prosecution the right to refute the information provided by the defense about the identity of the defendant.
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About the authors
Vladimir V. Zolotykh
Sevastopol City Court
Author for correspondence.
Email: m773mm@yandex.ru
Candidate of Science (Law), Honored Lawyer of the Russian Federation, Honored Lawyer of the City of Sevastopol, Retired Chairman of the Sevastopol City Court.
Russian Federation, SevastopolReferences
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