Any crime should not go unpunished.The offender shall be criminally responsible for his wrongful act and should bear the appropriate severity of punishment.To bring the perpetrators to justice in relation to a criminal prosecution.Collect evidence supporting his guilt, examine witnesses, made searches, seizures, elected a preventive measure, a different investigation.
Concept and types of criminal prosecution
This term refers to the procedural activities of the prosecution aimed at exposing the specific suspect or accused person has committed a crime.This activity is legally enshrined in the Code of Criminal Procedure.
to classify criminal proceedings for the types, depending on the nature of the offense and the degree of severity.It can be:
- in private.For criminal cases in this category is required to the statement of the injured party.They may be terminated at any stage of the criminal process to remove the deliberation room of the court for sentencing.List of articles of the Criminal Code relating to this category are listed in Art.20 CPC.This slander (Art. 129 h. 1), assault (art. 116 h. 1), insult (Art. 130), and others.
- in the private and public order.You also need a statement of the victim, but the case is not subject to termination because of reconciliation of the parties.As an exception in Art.25 Code of Criminal Procedure provides for the right to stop the prosecutor referred to in Article 76 of the Criminal Code dealing cases and prosecute the commission of a crime guilty of minor or moderate severity, subject to reconciliation with the victims and smoothing the damage caused.The same right is granted to the investigator and the investigator, but only when receiving the consent of the public prosecutor).
This category includes rape (art. 132 h. 1), violation of the privacy of correspondence (Art. 138 h. 1) and copyright (Art. 146 h. 1), and others. Thus, the case of private prosecutionand stimulate private-public only upon application.However, there is an exception provided for in Art.20 CPC.Under Part 4, the prosecutor may initiate proceedings without declaration, if the victim is dependent in any way on the perpetrator or can not exercise their rights on their own for various reasons.The same right is granted to the investigator and the investigator, but they can implement it only with the consent of the prosecutor.
- in public policy.This all other criminal cases.They are excited regardless of the application in determining whether a person of a crime and can not be terminated in the event of reconciliation.
Prosecution made differently because of the need to take into account the interests of the victim, often because it may be not interested in instituting proceedings, especially when the perpetrator is a close relative.In practice, there are cases when the victims' hearts, "wrote a statement in relation to their relatives, wishing to draw them on the articles relating to the affairs of private-public prosecution, and the next day trying to pick up the application back, reconciled with the offender, but this is not possible,since the case was filed and is not subject to termination.That is why it is not necessary to make a decision "in a temper."
the criminal prosecution
grounds for termination are:
- lack of evidence of a crime, that is, if it did not take place in reality;
- lack of staff;
- death of the suspect;
- lapse of time;
- conciliation;
- changing circumstances;
- active repentance;
- innocence of a person to commit a crime;
- act of amnesty.
