RESOLUTION OF THE PLENUM OF THE SUPREME COURT OF THE RUSSIAN FEDERATION

of November 22, 2005 No. 23

"About application by courts of the regulations of the Code of penal procedure of the Russian Federation regulating legal proceedings with participation of jury members"

For the purpose of ensuring the correct and uniform application by courts of the regulations regulating features of production on the criminal cases considered with participation of jury members, the Plenum of the Supreme Court of the Russian Federation, being guided by article 126 of the Constitution of the Russian Federation, articles 2 and 5 of the Federal constitutional Law of February 5, 2014 No. 3-FKZ "About the Supreme Court of the Russian Federation", decides to make to courts the following explanations:

1. The Supreme Court of the republic, regional, regional court, court of the federal city, court of the autonomous region and court of the autonomous area, district (naval) military court according to the petition of the person accused considers with participation of jury members criminal cases about crimes, stipulated in Item 2 parts 2 of article 30 Code of Criminal Procedure of the Russian Federation, and district court, garrison military court - about crimes, stipulated in Item 21 part 2 of article 30 Code of Criminal Procedure of the Russian Federation. If on case several persons are involved as persons accused, only those from them which are accused of making of the specified crimes have the right to petition for consideration of the case by court with participation of jury members.

Draw the attention of courts to what owing to Item 1 of part 5 of article 217 Code of Criminal Procedure of the Russian Federation the investigator in case of acquaintance of the person accused with the criminal case file shall explain to it not only the right to petition for consideration of its case by court with participation of jury members, but also features of consideration of criminal case by this court, rights of the accused in legal proceedings and procedure for appeal of the judgment about what in the protocol entry is made and the person accused line item on the specified question is reflected. Failure to carry out by the investigator of this requirement is obstacle for consideration of criminal case by court.

In cases when one or several persons accused declared the petition for consideration of criminal case by court with participation of jury members, and the others refuse such structure of court and also when one or several persons accused are minors, the investigator according to Item 1 of part 5 of article 217 Code of Criminal Procedure of the Russian Federation resolves issue of allocation of criminal cases concerning these persons accused in separate production.

2. Courts should mean that the petition for consideration of the case by court with participation of jury members can be declared to persons accused as after acquaintance with case papers on pretrial investigation (part 5 of article 217 Code of Criminal Procedure of the Russian Federation), and after the direction the prosecutor of criminal case with the indictment in court within 3 days from the date of receipt of the indictment by the person accused of the copy. For consideration of such petition the judge sets initial hearing (Item 5 of part 2 and part 3 of article 229 Code of Criminal Procedure of the Russian Federation).

The paragraph two is excluded.

In sense of part 5 of article 231 Code of Criminal Procedure of the Russian Federation the person accused has the right to declare the petition for consideration of its case by court with participation of jury members directly on initial hearing which carrying out the petition is declared to them or other participants of process on other bases provided by part 2 of article 229 Code of Criminal Procedure of the Russian Federation.

3. In case on case several persons accused among whom there are persons having according to the law the right to consideration concerning their criminal case by court with participation of jury members participate and after the direction of case at least one of them appealed to court with the petition for consideration of the case by court with participation of jury members, the judge during initial hearing finds out opinion of other persons accused on consideration of criminal case by court in this structure.

If one or several persons accused refuse consideration of criminal case by court with participation of jury members, the judge resolves issue of allocation of criminal case concerning these persons accused in separate production. In case of adoption of such decision by the judge the requirements provided by part 2 of article 325 Code of Criminal Procedure of the Russian Federation shall be observed.

In the absence of objections at other persons accused, and also in case of decision making about impossibility of allocation of criminal case in separate production the judge appoints case to consideration by court with participation of jury members.

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