Participation of the public prosecutor in the debate of the parties in the jury trial using non-verbal forms

the article examines the problem of the mechanism of using non-verbal forms by the public prosecutor when participating in the arguments of the parties in a jury trial. The expansion of the jurisdiction of the jury and the more active involvement of the prosecutor in the process of drafting an indictment requires the development of mechanisms other than the ordinary procedure for considering criminal cases, allowing the public prosecutor to participate in the judicial investigation and the debate of the parties in the new conditions of the adversarial process. A trial by jury, being a differentiated type of judicial proceeding, cannot but differ from an ordinary trial by special means of proving the conclusions of the prosecution. The purpose of the study is to develop conceptual provisions on the procedure for the use of non-verbal forms by the public prosecutor when participating in the debate of the parties in a jury trial, as well as to formulate proposals on this basis aimed at improving the norms of the current criminal procedure legislation and the practice of their application. As a result of the study, it was found that granting the public prosecutor the right to substantiate his position in the arguments of the parties not only audibly, but also by visually demonstrating information in order to bring it to the jury. This will reveal contradictions in the position of the procedural opponent, logically substantiate the thesis of the charge formulated in the indictment and duplicated in the opening statement.

public prosecutor, jury trial, arguments of the parties, judicial practice, evidence, adversarial