Udział czynnika społecznego w orzekaniu w perspektywie historyczno-prawnoporównawczej

Abstract

The article concerns the historical and comparative analysis of the institutions of jury and lay judges as the basic form of participation of the social factor in sentencing, referring mostly to English, German and Russian examples. The article discusses both the advantages and disadvantages of these institutions, as well as the procedural issues of their functioning and the jurisprudence of the European Court of Human Rights in regard to this matter. In its conclusions, the fundamental role of public participation in sentencing as an indicator of exercising power democratically, is emphasized.