FEDERAL LAW OF THE RUSSIAN FEDERATION

of August 20, 2004 No. 113-FZ

About jury members of federal courts of the general jurisdiction in the Russian Federation

Accepted by the State Duma on July 31, 2004

Approved by the Federation Council on August 8, 2004

Article 1. Consideration of criminal cases with participation of jury members

Consideration of criminal cases with participation of jury members of federal courts of the general jurisdiction (further - jury members) is carried out in the Supreme Court of the Russian Federation, the Supreme Courts of the republics, regional, regional courts, courts of the federal cities, autonomous region and autonomous areas, district courts, district (naval) public courts and garrison public courts (further - courts), except for the public vessels deployed outside the territory of the Russian Federation.

Article 2. Participation of citizens of the Russian Federation in implementation of justice as jury members

1. Citizens of the Russian Federation (further - citizens) have the right to participate in implementation of justice as jury members by consideration by Trial Courts of cognizable criminal cases by it with participation of jury members. Restriction of this right is set only by the Federal Law.

2. Participation in implementation of justice as jury members of the citizens included in candidate lists in jury members is their civic duty.

Article 3. Requirements imposed to jury members

1. The citizens included in candidate lists in jury members and called in the procedure established by the Code of penal procedure of the Russian Federation for participation in consideration of criminal case by court can be jury members.

2. Persons cannot be jury members and candidates for jury members:

1) not reached by the time of creation of candidate lists in jury members of age of 25 years;

2) having the outstanding or not removed criminal record;

3) recognized as court incapacitated or limited by court in capacity to act;

4) staying on the registry in narcological or psychoneurological dispensary in connection with treatment for alcoholism, drug addiction, toxicomania, chronic and long mental disturbances.

3. Also persons are not allowed to participation in the consideration of specific criminal case by court according to the procedure established by the Code of penal procedure of the Russian Federation as jury members:

1) suspects or persons accused of making of crimes;

2) not knowing language in which legal proceedings are conducted;

3) the having physical or mental defects interfering full participation in consideration of criminal case by court.

Article 4. Candidate lists in jury members

1. The executive body of the municipality constitutes each four years the list and the reserve candidate list in jury members of the municipality, including in the specified lists of the citizens who are constantly living in the territory of the respective municipality.

2. The supreme executive body of the government of the subject of the Russian Federation based on lists and reserve candidate lists in jury members of the municipalities represented by heads of municipalities constitutes each four years general and reserve candidate lists in jury members of the subject of the Russian Federation, putting into them number of the citizens, necessary for operation of the relevant court, who are constantly living in the territory of the subject of the Russian Federation and also lists and reserve candidate lists in jury members of the districts formed according to part 3 of article 5 of this Federal Law, putting into them number of citizens, necessary for operation of the relevant courts, which are constantly living in the territories of the municipalities entering districts.

3. The number of the citizens who are subject to inclusion in the general candidate list in jury members of the subject of the Russian Federation from each municipality shall correspond approximately to ratio of number of the citizens who are constantly living in the territory of the municipality, and number of the citizens who are constantly living in the territory of the subject of the Russian Federation.

4. The number of the citizens who are subject to inclusion in the reserve candidate list in jury members of the municipality is determined by executive body of the municipality, and the number of the citizens who are subject to inclusion in the reserve candidate list in jury members of the district and the reserve candidate list in jury members of the subject of the Russian Federation is determined by the supreme executive body of the government of the subject of the Russian Federation. The number of the citizens who are subject to inclusion in the reserve candidate list in jury members of the municipality, the reserve candidate list in jury members of the district and the reserve candidate list in jury members of the subject of the Russian Federation constitutes no more than one fourth numbers of the candidates for jury members who are subject to inclusion respectively in the candidate list in jury members of the municipality, the candidate list in jury members of the district and the general candidate list in jury members of the subject of the Russian Federation.

Article 5. Procedure and terms of creation of candidate lists in jury members

1. Chairmen of the Supreme Court of the republic, regional, regional court, court of the federal city, autonomous region, autonomous area not later than three months before the expiration of powers of the candidates for jury members who are earlier included in candidate lists in jury members bring ideas of number of candidates, necessary for work of the relevant courts, for jury members in the supreme executive body of the government of appropriate subject of the Russian Federation.

2. The supreme executive body of the government of the subject of the Russian Federation according to article 4 of this Federal Law establishes procedure and terms of creation of lists and reserve candidate lists in jury members of municipalities and notifies executive bodies of municipalities on number of the citizens who are subject to inclusion in the specified lists from the respective municipalities. In case of creation of candidate lists in jury members of the municipality the number of the citizens included in them shall not exceed 10 percent of the number of the citizens who are subject to inclusion in the specified lists established by the supreme executive body of the government of the subject of the Russian Federation. The constituted lists are represented to the supreme executive body of the government of the subject of the Russian Federation.

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