The trial of former military police officers Ronnie Lessa and Élcio de Queiroz, accused of the murders of councilor Marielle Franco and driver Anderson Gomes, is scheduled for next Wednesday (30), starting at 9 am, in the 4th Jury Court of the Rio de Janeiro.
The popular jury is made up of a president (Judge) and another 25 jurors – citizens with no criminal record and who do not have a law degree – who are drawn to be on the day of the trial. Of these, only seven make up the sentencing council that will define the accused’s responsibility for the crime.
During the trial, jurors are incommunicado with society and each other, to ensure that the decision takes place without interference.
In case of conviction, the judge in the case determines the sentence that each defendant must serve, taking into account the crimes and specificities. The popular jury applies to intentional crimes of homicide, infanticide or participation in suicide.
How does the trial work?
- Witnesses for the prosecution and defense give statements;
- Defendants are questioned by both parties;
- Jurors may ask written questions of defendants, who may remain silent;
- The prosecution and defense make oral arguments;
- The judge asks the jurors questions;
- Jurors vote in a secret session;
- The prosecution and defense have the same time to argue for conviction or acquittal, with the possibility of a reply and rejoinder;
- The judge asks the jurors questions (questioning), which must be answered confidentially and in writing.
How does the decision take place?
The judge, jurors, clerk, prosecutor and defender go to the secret room, where voting on the questions will take place. The sentence is given by the majority of votes – therefore, if the first four jurors decide to convict or acquit, the others do not need to vote.
Thus, it is the jurors who will decide whether those accused of being the murderers of Marielle and Anderson will be acquitted or not. After this stage, the sentence will be handed down in front of the defendants and the other parties present. This decision can be appealed.
As the criminal action is being processed in the Supreme Court, the hearing was authorized by Minister Alexandre de Moraes, of the Federal Supreme Court (STF). The request was made by judge Gustavo Kalil, who will preside over the session.
Three other defendants, accused of being the masterminds of the crime, have not yet been tried: the counselor removed from the State Court of Auditors Domingos Brazão, the federal deputy Chiquinho Brazão and the delegate Rivaldo Barbosa. They were arrested in March and deny participation in the crime.
This content was originally published in Accused of killing Marielle and Anderson go to jury this Wednesday (30); find out what it will be like on the CNN Brasil website.
Source: CNN Brasil
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