Multiple jury verdicts in the one case: approaches to solving the problem in legislation and judicial practice

Abstract

The article, based on a study of judicial practice and comparative legal analysis of the legislation of the Russian Federation and a number of foreign countries, examines the problem of “multiplicity” of jury verdicts, i.e. the presence of two or more jury verdicts in one criminal case that meet the criteria of certainty and consistency and are subjects to proclamation. The author notes that the phenomenon of multiple jury verdicts is determined by the procedural error of the presiding judge, who recognizes that a certain and consistent jury verdict can not be pronounced. The article considers this phenomenon as a negative fact that contradicts the essential features of a jury trial. The author believes that solving the problem of multiple jury verdicts is possible, on the one hand, by clarifying and legalizing the grounds for recognizing the verdict as unclear or contradictory. On the other hand, there is a need for a significant modification of the procedural form of checking the jury’s verdict by the presiding judge for its clarity and consistency and giving him explanations to the jury in this regard. The author makes proposals for legislative reinforcement of the discussion between the presiding judge and the parties about the defects of the jury’s unannounced verdict, which should take place in the absence of the jury in a closed court hearing.