The model of the jury trial according to the Judicial Statutes of 1864

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.

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Publication Details

Journal
Samara Journal of Science
Published
2025-03-01
DOI
https://doi.org/10.55355/snv2025141203
Primary Topic
Jury Decision Making Processes
Type
article
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article

The model of the jury trial according to the Judicial Statutes of 1864

Yulia Sergeevna Perova
Samara Journal of Science
Jury Decision Making Processes
article

The model of the jury trial according to the Judicial Statutes of 1864

Yulia Sergeevna Perova
article en

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.

Samara Journal of ScienceVol. 14(1)
Samara State University of Social Sciences and Education (RU)
Openalex Percentile: Top 75%
Jury Decision Making Processes
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The model of the jury trial according to the Judicial Statutes of 1864 — Yulia Sergeevna Perova · Samara Journal of Science (2025) | TGRS Research Map | TGRS