Criminal Procedure - a legal term that is associated with the justice system and the activities of the investigating authorities in the commission of a crime.In each country, the criminal procedure is carried out according to certain rules and laws, while protecting the existing rule of law in the State of any criminal attacks.
concept of the criminal process is quite complicated, since accommodates not only the process, but also the stage, which he passes.Stage is called independent, but interrelated parts of the process that separated the final decision, and are characterized by certain objectives, number of persons and authorities involved in the case, the procedure and the procedural nature of the criminal relations.
all stages of the criminal process have a number of properties that are common to each of them.These general properties are:
1) Availability immediate tasks that derive from the general tasks of the proceedings.
2) the presence of a certain number of persons and authorities involved in this stage.
3) procedural forms (the order) activity, depending on the content and features of the tasks stage expression in it of certain rules and laws.
4) The special nature of relations between subjects of the criminal case file.
5) The final decision, terminating all proceedings and relationships which entails moving things to the next stage or the stage of completion.
All stages form a complex integrated system of criminal procedure.They come at a time in sequence.Thus, we consider the main stages of the criminal process in more detail.
pre-trial stage of criminal proceedings
These stages include initiation of criminal proceedings and preliminary investigation procedure.In the first stage, officials and authorized state bodies shall establish grounds for the proceedings, resulting in an act of criminal proceedings.This step is an integral part of any business.
next stage - the preliminary inquiry.It is produced by the case brought by the investigative bodies for the examination of evidence in order to establish the presence or, on the contrary, the lack of evidence of a crime, the persons involved in the crime, the size and nature of the damage and other important circumstances.There are cases where the preliminary investigation stage is absent.In the case of its existence, it may result in a dismissal of the case or the direction of such a court.
trial stage of criminal proceedings
After the pre-trial investigation of the case is referred to the trial court, where a judge acquainted with the materials and to make certain decisions.The judge may appoint a hearing, the case back for further investigation, suspend the proceedings, refer the case to another jurisdiction or to terminate it.
If there is a request of the accused of the case to the jury, it must pass a preliminary hearing under the rules prescribed in the Code of Criminal Procedure.
After the preparation for the meeting to be one of the most important stages of the criminal process - this trial.Here, the court considered the case and addressed the issue of innocence or guilt of the defendant and on the application of specific criminal penalties.As a rule, the trial is completed sentencing, however, can be another outcome: dismissal, referral for further investigation, and others.
In cases where there is cassation protests and complaints initiated appeal proceedings, which consists in checking the validity of higher court decisions taken.This is followed by the stage of execution of the sentence, which begins on or after the proceedings the Court of Cassation, or immediately after the announcement of the decision.
There are also additional stage of criminal proceedings, such as the resumption of cases under the new circumstances and the supervisory review proceedings.
