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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 чл. 611Formation of jury.

Title VI

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(1) The jury shall be formed in the following manner:

The names of the persons summoned to serve as jurors shall be written on separate ballots of parchment or paper as nearly as may be equal in shape and size. The registrar shall read aloud in court first the ballots bearing the names of the foremen and shall put them into a box, then those bearing the names of the common jurors, which he shall put into another box. Afterwards, having shaken the box containing the ballots with the names of the foremen, he shall draw one ballot and shall read aloud the name written thereon. The person whose name is so drawn, shall come forward, and the registrar shall ask first the Attorney General and then the party accused whether they intend to challenge such person.

(2) Challenges may be either peremptory or for cause.

Challenges are peremptory when made without reason assigned, and their effect shall be that the person challenged shall be excluded from serving as a juror at the trial. Challenges are for cause when made by assigning a reason, and their effect shall be that, if such reason is approved by the court, the challenge shall be allowed and the person shall be excluded; but if the reason assigned is not so approved, the challenge shall be disallowed and the person admitted: Provided that for the purpose of challenging a juror for cause the Attorney General or the accused may request that the juror be called to reply on oath to questions to be put to the juror to establish the reason for the challenge.

(3) The number of peremptory challenges allowed to the

Attorney General and to each of the accused is three; but, where the accused in one cause are more than three, each of them has a right to two peremptory challenges only.

(4) A challenge made by one accused shall have effect also in respect of the other accused that are to be either contemporaneously or successively tried by the same jury, notwithstanding that such other accused may not wish to make such challenge.

(5) Any person may, on good cause being shown, either before or after his name is drawn, be exempted by the court from serving as a juror.

(6) If any person whose name is drawn does not appear or, having appeared, is challenged or exempted from serving, other names shall be drawn in the same order, until a foreman is approved.

(7) The drawing of the ballots from the box containing the names of the common jurors shall then take place in the same manner provided for the drawing of the foreman until eight common jurors and, if the court shall have so ordered, the number of supplementary jurors ordered by the court are approved.

(8) The nine jurors whose names shall have been thus drawn and approved shall constitute the jury.

История на изменения
  • Amended by XVI.2006.20