The jurors, who act as lay judges, not only have the right to ask questions during the trial, but ultimately decide on “guilt or innocence,” Birgit Fink, spokeswoman for the Innsbruck Regional Court, told the APA.
The selection of the eight jurors – in this case as in general – is carried out by “random principle,” she explained. This “random selection” is carried out by the district administrative authorities on the basis of voter registration lists. This selection then goes to the court. There are criteria anchored in the law: “The person must be between 25 and 65 years old and an Austrian citizen.” There are also specific reasons for exclusion: “Judges, lawyers or members of religious orders, for example, are not eligible.”
Instruction by professional judges
Once the jurors – who are appointed for two years – have been selected, they will be sent a summons including an information brochure on the tasks and duties of jurors. “In addition, the professional judges will give further instructions before the trial, explaining the exact course of the trial and the distribution of roles in it,” Fink explained.
During the trial, the jurors assist the three professional judges, one of whom chairs the senate. “However, they cannot decide on applications; that is the responsibility of the professional senate chaired by a judge,” said the regional court spokeswoman. The same senate ultimately formulates the questions that the jurors must answer during their deliberations following the trial.
At least five yes votes
In Leon’s case, the question to be decided is whether the father – who pleaded “not guilty” at the beginning of the trial – is actually guilty of the murder charge. “That will also be the main question that must be answered with at least five yes votes for a guilty verdict,” explained Fink. In addition, the jury – after their own deliberations on guilt and innocence – will determine the sentence together with the professional judges.
In the “verdict” that follows, a speaker from the ranks of the jury announces the decision made before the chairman of the panel of judges announces the sentence. “It is important to stress that each juror must answer the questions asked with yes or no; abstention is not possible,” said Fink. If this is not successful, the jurors may be sent back to deliberate. “In special cases, for example if the answers to the questions do not fit at all with the findings of the evidence, the jury’s verdict can also be suspended,” said Fink. The proceedings then go to the next higher instance, in the case of the Innsbruck Regional Court, to the Higher Regional Court.
Do not “provide information one-sidedly”
The jurors must answer the questions “conscientiously and completely,” Fink stressed. It is also important that they do not “obtain information one-sidedly” before their deliberations and before their “verdict.” “They are required to communicate only with each other,” the court spokeswoman stressed. “Proximity to other parties involved in the proceedings, such as experts, should be avoided.” Such contact could influence the question of the guilt or innocence of the accused. “All information should be brought to the table during the course of the trial,” said Fink.
The trial in the case of the boy found dead in the Kitzbüheler Ache in St. Johann in Tirol also showed how important these guidelines are. During one day of the trial, a conversation between two jurors and an expert is said to have taken place outside the courtroom. This conversation ultimately led to a motion for disqualification by the defendant’s defense attorneys against the two jurors and the expert, which was ultimately rejected by the presiding judge.
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