Criminal procedure: order, principles, types
The criminal process is the activity of the competent state authorities aimed at investigating and solving crimes committed with the help of the current Code of Criminal Procedure and other legislative acts. This legal proceedings should protect the interests and rights of citizens who have suffered from the atrocities, as well as those who have been unreasonably prosecuted and convicted. The criminal process begins with the initiation of the case and ends with the execution of the sentence.
Criminal procedure is a professional activity of state bodies, which is aimed at protecting citizens from criminal encroachments of other persons, as well as at investigating and disclosing committed atrocities, searching for perpetrators and justifying people not involved in the crime. This concept covers the work of all law enforcement agencies. Therefore, the process of investigating and solving crimes is also called criminal proceedings.
This activity of law enforcement begins with the initiation of the case and ends with the execution of the sentence. Nevertheless, the criminal process can be completed at the preliminary investigation stage. This happens in cases where the accused has reconciled with the victim, or if the case was closed due to the absence of corpus delicti.
The activity of investigating and disclosing atrocities always begins with reporting a crime, which, after entering the duty of law enforcement agencies, is recorded under a certain number. After that, a check is carried out on this fact and the question of initiating a case is resolved. Therefore, it is considered to be the beginning of criminal proceedings to receive information or statements about a crime committed by law enforcement agencies.
There are the following stages of the criminal process:
- initiation of proceedings (the decision is made and the suspect is notified);
- preliminary investigation (conducted by the investigator or investigator, who collect evidence against the alleged perpetrator and interrogate eyewitnesses);
- transfer of the case to a judicial authority (preliminary hearing, trial and sentencing);
- production in a higher instance (filing an appeal);
- execution of the sentence; considered the last stage of the process.
However, after passing through these stages, criminal proceedings are not fully completed and may even be resumed due to newly discovered circumstances of the case, which were not previously known. Also within a year after the entry into force of the sentence, it can be appealed in the order of supervision, by filing a cassation appeal. Therefore, the stages of the criminal process should be divided into two groups:
- Basic (from the initiation of proceedings to the execution of the sentence);
- exceptional - cassation appeal and review of the case due to newly discovered circumstances.
These include persons who have certain rights and duties in criminal proceedings. Currently, there is a classification of participants in legal proceedings, the basis of which is the principle of adversarial proceedings. They are divided into the following groups:
1. Fromjudicial authority.Considers the case and makes a fair sentence, monitors the course of the proceedings and creates the necessary conditions for the parties to fully exercise their procedural rights and obligations;
2.Members of the prosecution.These include:
- A prosecutor who supports public prosecution in court proceedings and controls the work of the bodies that conduct the preliminary investigation;
- Investigator (procedural person engaged in the disclosure of crimes);
- the head of this body and his deputy (heading the investigation);
- the inquirer - the procedural person involved in the disclosure of the atrocity at the stage of preliminary investigation in the manner prescribed by the Code of Criminal Procedure;
- victim - a natural person who has been harmed by a crime, it can also be an organization or an enterprise (in case of damage to property and business reputation);
- a private prosecutor is a citizen who submits an application to a judicial authority on the basis of the Code of Criminal Procedure (Article 318);
- a civil plaintiff is a person who has filed a claim for compensation of property damage to him, if there is reason to believe that he was caused by an atrocity;
- The representatives of the victim, the private prosecutor and the plaintiff are the lawyers, as well as those persons who, in accordance with the law, can perform these functions.
3.Participants in criminal proceedings by the defense:
- the suspect is a person who was detained at the scene of the crime or for a period of 48 hours, as well as the one against whom the case has already been initiated;
- The accused is a person who is officially charged with the offense;
- the defendant is the alleged perpetrator of the crime committed at the court hearing;
- The defender is a professional lawyer, and also he can be anyone in the proceedings of the world court;
- civil defendant - a person to whom a claim was made for damages allegedly caused by the crime;
- Representatives (possessing this right by law) of minors suspected and accused of atrocities are parents and other persons endowed with such rights by law.
There are also other participants in the criminal process who are not interested in the outcome of the case and are designed to help justice. These include:
- translator - a person who speaks a certain language necessary for legal proceedings;
- expert - has the knowledge and expertise;
- a witness is a person who knows something about the circumstances of the committed act;
- understood - a person who is not interested in the outcome of the entire process, in addition, he must certify with his signature the fact of the investigative measure;
- specialist - professional, possessing certain knowledge necessary for the implementation of legal proceedings.
In order to properly and in accordance with the law to resolve a criminal case, it is necessary to make sure that the crime was actually committed by a person suspected of it. This requires any material and written evidence that will be obtained by the law enforcement officer in accordance with the current Code of Criminal Procedure. Also, using the available information, the investigator or the inquirer should restore the whole picture of what happened. And only after that you can send the case file to the court.
Here it should be noted that the evidence in the criminal process is any information contained in the testimony of the participants in the proceedings, the protocols of investigative actions and other documents.Based on them, the composition of the crime and the guilt of the person who committed it are established.
Evidence in a criminal procedure should have the following properties:
- relevance is a definite connection between the circumstances of the case and the known information;
- admissibility - the suitability of evidence from the point of view of the law; it matters here the way and the way they are received
All information relevant to the case, but obtained in violation of the law, can not be used as a basis for a conviction by a judicial authority. Therefore, they should be obtained only by carrying out certain, investigative actions.
Thus, proof in criminal proceedings is the activity of the competent state bodies and officials aimed at collecting, evaluating and verifying evidence, carried out only within the limits established by law.
Basics of Justice
Principles of criminal procedure are the basic rules that reflect the essence of all the activities of the investigation and disclosure of the atrocities committed. They can not be violated by any official involved in legal proceedings.In the Code of Criminal Procedure, the following principles are distinguished:
-legality- is that the preliminary investigation and trial should be carried out only on the basis of the norms of the current Code of Criminal Procedure;
-personal immunity- means that no one can be arbitrarily deprived of his freedom;
-adversary- states that the defense and the prosecution can defend their position by all means not prohibited by law; also denotes "confrontation" of the parties ";
-inviolability of the home- no one can encroach on private property without a specific court decision or in cases provided for by the Code of Criminal Procedure;
-secrets of correspondence and telephone conversations; their violation is unacceptable and is permitted only on the basis of a decision of the judicial authority;
-presumption of innocence- means that no one can be considered guilty of committing an atrocity until a conviction is in force;
-respect for the honor and dignity of the individual- does not allow an official to insult the alleged perpetrator, as well as causing him other moral and physical suffering;
-protect the accused and suspect- means that the interrogation and any other investigative event should be conducted only with the participation of a lawyer, who is obliged to provide the state.
Legal proceedings in Russia were formed over the years, consistently going through certain stages of their development and incorporating the experience of even foreign countries. In the history of human society, numerous types of criminal proceedings are known, but the main ones are:
-accusatory- was characteristic of the slave-owning society, the injured person was the prosecutor here, the continuation of legal proceedings depended on his will; evidence was extracted under torture or by duel;
-mixed- consists of several types of process; was characteristic of France, was considered controversial, but at the same time, the person was limited in his ability to prove his innocence during the preliminary investigation;
-investigative- was distinguished by the fact that the judge, along with the implementation of his functions, assumed the responsibilities of the public prosecutor; evidence was obtained under torture, the defendant was deprived of the opportunity to defend himself and was considered as the object of the proceedings;
-adversary- characteristic for our state, because it is built on formal equality of the parties, here the prosecutor must support the prosecution and prove the defendant’s guilt, and the lawyer must refute this fact with the information, documents and testimony of the defense witnesses.
The tasks of criminal proceedings are not only to identify the perpetrator and his punishment, they also include the elimination of the consequences of the committed act in the form of compensation for property damage to the victim. Therefore, the latter has the right to sue the alleged attacker immediately after the initiation of the case. If this does not happen, the amount of compensation for damage caused by the crime is determined by the court.
A civil suit in a criminal procedure is not subject to state duty. In addition, it can be presented or supported by the prosecutor at the court hearing, but only in cases where the interests of certain categories of citizens or public organizations were affected by the crime.
In addition, the investigator, having established the fact that the victim had inflicted material damage on the victim, should explain to the latter his right to sue the alleged perpetrator.Also, a citizen or organization may completely refuse from the stated requirements, especially in the case when the accused voluntarily compensated for the damage.
In the event that the court justifies the person, he refuses to satisfy the claim or leaves him without movement. This means that an application for compensation of property damage can be submitted in civil proceedings.
This is the only body that resolves and examines criminal cases in the territory of the Russian Federation. Only the court is competent:
- to recognize the person guilty of the committed act;
- apply compulsory medical treatment measures;
- cancel or change the verdict of the lower instance.
In addition, the authority may refer the case for a new review. The court in the criminal process should not support the position of the prosecution or the defense, otherwise the principle of adversarial nature is violated. In addition, only this authority has the right to:
- to apply to the person such preventive measures as imprisonment or house arrest, bail;
- give permission to search the dwelling and seize the necessary documents and things that are important for the further proceedings;
- make a decision on the placement of a person for compulsory treatment in a psychiatric hospital in connection with his state of health;
- extend the period of detention;
- assign control over the correspondence and calls of the person, if there is reason to believe that they may be talking about preparing for the commission of the atrocity.
In addition, a criminal trial at the request of the accused can be conducted in a special order, but only if the latter has fully admitted his guilt in his deed. In this case, there will not be the trial itself and the presentation of evidence. The court proceeds immediately to the arguments of the parties and the last word of the accused, after which it passes the sentence.
The whole process is divided into certain stages. It begins with the receipt of reports of the crime committed by law enforcement agencies. After that, an inspection is carried out, and the issue of initiation of proceedings is resolved. In the future, the work of law enforcement agencies is aimed at carrying out investigative measures and collecting evidence. This procedure of the criminal process is provided by law.Without observance of certain stages, the investigation of the case will stand in one place and will not move forward, the guilty will not be punished, and the victim will consider justice to be bezd.
After completion of the preliminary investigation, the case with the indictment or act is sent for approval to the prosecutor. It is then transferred to the court for review and sentencing. There also exists its own process order, which includes the following stages:
- preparation for the meeting;
- judicial investigation;
- debate of the parties;
- the word of the defendant;
- announcement of the sentence.
In the event that one of the parties is dissatisfied with the decision of the court, she can appeal against it within ten days.
The sources here are only certain laws. These include:
- The Criminal Procedure Code is the main collection of legal norms regulating the activities of law enforcement agencies at the stage of preliminary investigation, as well as establishing the procedure for initiating and investigating a case, rights and obligations of participants in legal proceedings at all stages of the process.
- The Constitution of the Russian Federation, which states the presumption of innocence and personal integrity.
- Federal Laws "On Custody", "On Operational Activities", "On the Prosecutor's Office."
- Law "On the status of judges".
Criminal law and process are inextricably linked. The first establishes only the types and purposes of punishments for the crime committed, the order of exemption from liability for their actions; gives the definition of such a concept as a crime, shares the cases according to jurisdiction and jurisdiction. The process has its own specific tasks, which are to establish the actual circumstances of the incident, the guilt of the person and the consequences of the damage. Thus, it turns out that legal proceedings implement the application of criminal law in practice.
The very concept of the criminal process implies the professional activity of the competent state bodies and officials who are called upon to carry out the fight against crime on the basis of the law in force and to protect the interests of citizens and organizations from unlawful encroachments of others.Responsibility for the commission of acts provided for by the Criminal Code. This collection of laws establishes a range of acts that are prohibited under the threat of punishment. But if the crime has already been committed, it is necessary to establish the perpetrator, collect evidence and prevent erroneous conviction.
The pre-trial proceedings in the criminal proceedings begin from the moment of receipt of the report on the atrocity and ends with the referral of the case to the court with an indictment or conclusion, which are approved by the prosecutor.
The activity of a professional attorney in a criminal process cannot be overestimated. In accordance with the law in force, the interrogation of the suspect or the accused, and especially the defendant, cannot be carried out without his participation. A well-constructed line of defense in the interests of the principal at the stage of preliminary investigation can completely change the course of the case and improve his situation. Law enforcement agencies are obliged to provide a detained person with a state attorney, but despite this, many refuse to help this person. This is primarily due to the fact that such a defender is not interested in the positive outcome of the case for his client and very often takes the position of an investigator or investigator.In addition, a person may refuse his services and independently choose another lawyer and enter into an agreement with him. A professional lawyer at the stage of preliminary investigation is able to see a violation of the rules of procedural law and appeal against it in court.
A lawyer has the right to get acquainted with all the materials of the case, both during the preliminary investigation and prior to the commencement of the trial. In addition, the law does not prohibit a person to have an unspecified number of advocates. This means that the accused has the right to hire two or even three lawyers. As practice shows, such protection is more effective both at the preliminary investigation and in court.
After an unfair sentence is pronounced, a lawyer has the right to prepare a complaint to a higher authority and defend the interests of his client until a truly fair decision is made.