请问陪审团（已经回答）

east

请问陪审团的人数有多少? 多少人认定犯罪, 才能定罪?谢谢

AMICUS_LAW

您好，一般陪审团12人，特殊情况下可以11人，10人的情况很少出现，我们事务所有一起刑事案因为法庭偷懒，用10人陪审团最后在supreme court上诉成功推翻原判的记录。

至于定罪，刑事罪是如果有1个人不同意，可以采取大多数的同意定罪，民事案只需要3/4的陪审团员同意就可以裁判，参考以下法规：

29C Criminal cases
(1) In this section, majority verdict means, in relation to a jury that, at the time of its verdict, consists of a certain number of jurors, a verdict agreed to by all except 1 of them.

(2) The Court may accept a majority verdict in a criminal case if—

(a) the jury, having retired to consider its verdict, has deliberated for at least 4 hours; and

(b) the jurors have not reached a unanimous verdict; and

(c) the foreperson of the jury has stated in open Court—

(i) that there is no probability of the jury reaching a unanimous verdict; and

(ii) that the jury has reached a majority verdict; and

(d) the Court considers that the jury has had a period of time for deliberation that the Court thinks reasonable, having regard to the nature and complexity of the trial.

(3) If the case involves 2 or more charges, or 2 or more persons charged, the Court may accept a majority verdict in relation to 1 or some of the charges or persons charged, in which case nothing in this section applies to the other charges or the other persons charged.

(4) Nothing in this section—

(a) prevents the Court from taking a poll of the jury; or

(b) affects section 339 of the Crimes Act 1961 (which relates to criminal cases where part of the charge is proved).

(5) If, in terms of section 339 of the Crimes Act 1961, the crime charged, as described in the enactment creating the crime or as charged in the count, includes the commission of any other crime, the Court may accept a majority verdict on the crime charged instead of a unanimous verdict on the included crime.

名字很难起

dddddddddddddddddddddddddddddddddddddddd