Possibility to Improve the Procedural Order of Consideration and Resolution of Criminal Proceedings in the Jury of Ukraine

The traditional understanding of the procedure for resolving criminal cases in a jurors justice, in which there is a very high probability of influence on the decision of the jurors by the defense and prosecution, is set out. Particular attention is paid to highlighting the main provisions of the innovative understanding of the principle of professionalism of criminal proceedings and inconsistency with this principle of the procedure of participation of jurors, lay judges and other non-professional judges in judicial proof in criminal proceedings.

It is emphasized, that jurors, when making decisions, are more guided by their own life experience, personal beliefs and, most likely, fairly ordinary knowledge of jurisprudence, make decisions more emotionally, and an experienced prosecutor or defense attorney with high professional qualities, hardened by many years of practice, they can easily manipulate and thus incline them to a false subjective rather than objective decision.

Criminal justice, like any other type of justice, should be carried out only on a professional basis, ie only by professionals, who have mastered through inpatient higher education centuries of experience, knowledge and skills of such activities and the appropriate level of analytical thinking, and who are obliged to provide a direct, objective, comprehensive and complete investigation of all the circumstances of the case, on this basis to establish an objective truth and only on such truth to correctly resolve a criminal or other case.

The participation of other persons in the direct receipt of evidence, except for the investigator, prosecutor and judges, and as an exception to the expert, and lay judges or jurors in criminal evidence with the status of judges violates the basic principle of criminal justice - professionalism of evidence and guilt or innocence.