The establishment of truth in the jury trial

The jury has every opportunity to establish an objective truth in the case. The requirements of the criminal procedure law to the jury trial provide for the most qualitative proceedings, and the adversarial principle, which is realised in the jury trial to a greater extent than in the ordinary process, ensures that impartiality and objectivity of the court as well as active participation of the parties, which ensures the most complete and comprehensive study of evidence. However, due to the specificity of the jury trial, certain features of this form of justice prevent the achievement of the truth in the case. The jury are usually more sensitive to what is happening in the courtroom: speeches of the parties, their behaviour, etc., which can be very skillfully used by the parties, thus increasing the probability of delusion. To a greater extent than in the ordinary process, the jury trial increases the probability of a judicial error with the formal attitude of the participants in the process to their duties. Consequently, the jury trial works effectively only if the participants in the process conscientiously perform their duties. Not all legislative changes contribute to establishing the truth. Thus, the reduced number of collegiate members and the possibility of voting by a simple majority of votes lead to "oversimplification" in the criminal process and may negatively affect the establishment of truth. The introduction of unanimity or a qualified majority of collegiate can partially compensate for its reduction. Negative factors must be eliminated for a more effective jury trial. It is necessary to bring up the legal culture of the population, strengthen the judiciary authority in the minds of people, and prepare professional participants for jury trials. This can promote the democratisation of the criminal process, as jury is one of the guarantees of a fair trial with all and every opportunity to establish the objective truth in the case.

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