The Criminal Procedure Law of the Russian Federation defines the exercise of the powers of a juror by a citizen's civic duty. The actual state of affairs is that the exercise of such powers becomes a right and an obligation at the same time. Naturally, not every citizen wishes or, for objective reasons, cannot be a jury.
In the Russian Federation, the institution of jurors, although it has a long history, has lost its significance during the Soviet period. People are reluctant to accept this role. The local administration compiles lists of assessors annually, based on the voter lists. Attendees are selected at random. If you are included in the list, you must be notified of this, after which any person can apply to the administration of the corresponding subject of the federation with a written statement about the illegal inclusion of a specific person or persons in the list.
In any case, jurors may not be persons under 25 years of age, incapacitated or partially capable, as well as persons who have not been removed in accordance with the procedure established by law or not extinguished a conviction.
At the request of the person concerned, the following are removed from the lists:
- persons who do not know the language of the court proceedings in the given locality;
- people with disabilities, including hearing, vision and dumb people;
- persons whose physical or mental disabilities, confirmed by a medical certificate, impede the successful fulfillment of the powers of a juror;
- persons over 70 years old;
- heads (deputies) of executive and representative authorities;
- military personnel;
- prosecutors, judges, notaries, lawyers, investigators, employees of operational services of state security bodies and the police.
In addition to the above, the judge, regardless of the person's wishes, shall release from the powers of the juror:
- persons suspected or accused of committing a crime;
- persons who do not know the language of the court proceedings if simultaneous translation is impossible;
- disabled people, including the deaf, dumb and blind in the absence of opportunities for their full participation in the meeting.
At the request of a person (oral or written), the judge may release him from the powers of a juror if the candidate is:
- a person over 60 years old;
- a woman with children under 3 years old;
- a person who, due to his religious convictions, considers it impossible to participate in the administration of justice;
- a person whose distraction from the performance of official duties may cause significant harm to state and public interests;
- by a person who has valid reasons for non-performance of duties (the degree of validity of the reason is determined by the judge).
According to the law, the presiding judge releases from jury duties any person whose objectivity in the consideration of the case raises well-founded doubts:
- due to the unlawful influence exerted on him;
- knowledge of the circumstances of the case from sources that are non-procedural (with the ability of such awareness to influence the inner conviction of a person);
- whether he has a preconceived opinion;
- for other reasons.
As you can see, if you do not want to play the role of a juror, except for reasons related to the personality of the candidate, the most universal ways to withdraw yourself are a reference to a good reason (requires confirmation), or sick leave (you will also need to have a certificate of incapacity for work), or a reference to your preconceived opinion …
It is not worth not coming to jury selection without good reason. The judge can impose a fine.
On the same grounds, the juror may be challenged by the persons participating in the court session. The challenge is drawn up by a written request of the party.