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Title of Article

METHODS OF THE JUDGE'S UNDUE INFLUENCE ON THE JURY DURING THE SUMMING-UP AND THE WAYS TO OVERCOME IT


Issue
2
Date
2020

Article type
scientific article
UDC
343.1
Pages
118-124
Keywords
 


Authors
Grischenko A.V.
Tomskiy gosudarstvennyy universitet


Abstract
The article examines some aspects a defence counsel's participation in the course of the summing-up. The features of such participation are considered through the prism of countering the undue influence of the judge on the jury. In order to extend safeguards against possible violations of the law, the author suggests introducing a compulsory video recording in the course of the summing-up, as well as legislating a provision on the transfer of the summing-up text to the jury in the deliberation room. The article concludes that the effective realization of the right to defence requires not only the active use by the lawyer of the opportunities provided to date, but also the expansion of guarantees of the judge’s neutrality by amending the criminal procedure legislation.

File (in Russian)