The model of the jury trial according to the Judicial Statutes of 1864
- Authors: Perova Y.S.1
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Affiliations:
- Samara State University of Social Sciences and Education
- Issue: Vol 14, No 1 (2025)
- Pages: 84-88
- Section: Historical Sciences
- URL: https://snv63.ru/2309-4370/article/view/686250
- DOI: https://doi.org/10.55355/snv2025141203
- ID: 686250
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Abstract
This article describes the model of the jury trial according to the Judicial Statutes of 1864. The aim of the author was to compare the trial by jury in the Russian Empire with the Anglo-Saxon and continental models of the trial by jury, to identify the features of the criminal process involving jurors in the Russian Empire. Special attention is paid to such features of judicial investigation as the adversarial and investigative approach in criminal proceedings, the role of the presiding judge in the consideration of the case in court, the study of the defendant's personality in the framework of criminal proceedings, and the verdict by the jury. A study of the differences between jury trials in the Anglo-Saxon and continental systems shows that the judicial system of the Russian Empire cannot be unambiguously attributed to either of these two systems. In the article, the author proves that after analyzing the origin, legal norms and practice of jury trials in different European countries, the creators of Judicial Reform have developed a unique model of this institution. Her approach corresponded to the Russian way of life, although it embodied the basic principles of bourgeois law: the independence of the court, equality of all before the court, public participation in the administration of justice, oral and transparent process.
About the authors
Yulia Sergeevna Perova
Samara State University of Social Sciences and Education
Author for correspondence.
Email: postalyuk@sgspu.ru
postgraduate student of Domestic History and Archeology Department
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