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俄罗斯陪审团改革因将裁决权交还国家而引发批评Russia's jury reform draws fire for handing verdicts back to the state

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俄罗斯最高法院正在准备一项立法,允许审判长在大陪审团讨论裁决期间进入评议室,并将陪审团人数从六人或八人减少至四人——这些变化可能会极大地将决策权集中到国家任命的官员手中。最高法院副院长尼古拉·蒂莫申和最高法院法官谢尔盖·泽列宁概述了拟议改革的主要条款,但法律草案尚未公布。根据提案,审判长无权对被告是否有罪进行投票,但有权“澄清”评议过程中出现的问题。

Russia's Supreme Court is preparing legislation that would allow presiding judges to enter the deliberation room while a jury discusses its verdict and would reduce jury panels from six or eight members to four — changes that could greatly consolidate decision-making power in the hands of state-appointed officials. Deputy Chair of the Supreme Court Nikolai Timoshin and Supreme Court judge Sergei Zelenin have outlined the main provisions of the planned reform, although the draft law has not yet been published. Under the proposals, the presiding judge would not be permitted to vote on a defendant's guilt but would be entitled to "clarify" questions arising during deliberations.

其他条款将改变陪审员的遴选程序,允许65岁以上的公民担任陪审员,限制解散已组成陪审团的理由,并赋予被告即使在听证会已安排后也有权拒绝陪审团审判的权利。陪审团审判在俄罗斯并不常见,但其无罪判决率远高于全国平均水平。据莫斯科国立大学教授谢尔盖·纳索诺夫称,2025年俄罗斯审理的64万多起刑事案件中,有643案由陪审团裁决,约占0.1%。

Additional provisions would change the procedure for selecting jurors, allow citizens over 65 to serve, restrict the grounds for dissolving an already formed panel and give defendants the right to refuse a jury trial even after a hearing has been scheduled. Jury trials are rare in Russia but produce acquittals at a rate sharply above the national average. Of more than 640,000 criminal cases heard in Russia in 2025, 643 were decided by a jury, or around 0.1%.In the first half of 2025, 144 of 444 defendants in jury cases were acquitted, close to one in three, according to Professor Sergei Nasonov of Moscow State University of Law, cited by Current Time.

2025年上半年,在444名陪审团案件被告中,有144人被宣告无罪,接近三分之一,据Current Time援引纳索诺夫教授的数据。

Across the Russian criminal justice system as a whole, the acquittal rate is below 0.5%.Less power to the people?

在整个俄罗斯刑事司法系统中,无罪判决的比例低于0.5%。有人认为,这反映了俄罗斯司法制度中人民权力被削弱的现象。Zelenin指出,俄罗斯目前的陪审团制度深受英美法律传统的影响,与大陆法系并不相适应;他认为加强法官与陪审团之间的沟通有助于提高审判的稳定性。他提出的改革方案更接近欧洲的“非专业法官制度”——即由一名专业法官和若干非法律专业人士共同组成审判小组。

Zelenin has argued that Russia's current jury model draws heavily from the Anglo-American legal tradition and fits poorly with the continental legal system, and that closer interaction between judge and jury would make proceedings more stable. The proposed model is closer to the European lay judge system, in which a professional judge and non-specialist members sit together as a single panel. Supporters of the reform also cite the high rate at which jury acquittals are overturned on appeal — between 65% and more than 80% in different years, according to figures cited by the Supreme Court. Critics argue that grounds for overturning verdicts are typically described as procedural breaches, which can be interpreted broadly: from paperwork errors to remarks by trial participants that courts treat as improper influence on the jury.

改革的支持者还指出:根据最高法院的数据,陪审团作出的无罪判决在上诉过程中被推翻的比例非常高(每年在65%至80%以上)。批评者则认为,推翻判决的理由通常被归结为程序性违规,而这些违规行为的定义非常宽泛(从文件错误到审判参与者的不当言论都有可能被法院视为对陪审团的干扰)。律师们主要反对让法官参与陪审团的审议过程,因为他们认为这会损害陪审团的独立性。

Lawyers' objections centre mainly on admitting the judge to deliberations, which they say undermines the jury's independence. Reducing the panel to four also raises questions about how much weight public participation carries in verdicts. One source cited by Current Time said the reform amounts to legalising practices already in use informally: "Judges on the ground do not want this, none of the law enforcers need these courts.

此外,将陪审团成员人数减少到四人也会引发关于公众意见在判决中应占多大比重的问题。《Current Time》杂志援引的一位消息人士称,这项改革实际上只是将一些早已存在的非正式做法合法化:“基层法官并不希望看到这种改革;所有执法部门都不需要这样的法庭,他们一直在竭力反对这种改革。现在,他们只是把那些本来就在做的事情合法化了罢了。”

They fight them as best they can. Now they are simply legalising what they are already doing anyway."

该消息人士还指出,陪审团在许多案件中都揭露了检方证据的漏洞;用俄罗斯语来说,这些证据就是“用劣质材料拼凑起来的(即‘用劣质线缝制而成的’)”。自1864年亚历山大二世时期的司法改革以来,陪审团制度在俄罗斯就已经存在了。

The same source said jurors had frequently exposed weaknesses in prosecution cases, showing that some were "stitched together with white thread," a Russian expression for crude fabrication. Jury trials have existed in Russia since the judicial reforms of Tsar Alexander II in 1864.

它们在苏联时期被废除,于20世纪90年代初恢复,此后经过多次修订。宪法法院此前曾强调,审议的保密性和陪审员的独立性是公正审判的基本保障。

They were abolished in the Soviet period, restored in the early 1990s and have been revised several times since. The Constitutional Court has previously emphasised the secrecy of deliberations and the independence of jurors as fundamental safeguards of a fair trial.