The centrality of questioning in the court of jury: dogmatic issues and perspectives from a concrete case

Abstract

This article deals with the central importance of the questions addressed to the jurors who make up the sentencing council in the jury court. Since they are lay judges who will decide on the merits of serious criminal cases related to allegations of intentional crimes against life, the questions posed to the jurors must be formulated clearly and objectively, allowing for the understanding of all aspects presented by the prosecution and defense in the courtroom. In the article, an analysis of a concrete case is conducted to demonstrate how, in complex situations, incomplete questioning can prevent the jurors from reaching the best determination in a criminal case.