principles of due process enshrined in the Constitution and Chapter 2 of the Criminal Procedure Code.They reflect the basic nature and content of the criminal process as a whole, determine all its stages and institutions existing rights and obligations of the parties in criminal proceedings.Underlying each principle is any general legal concept, which finds its expression in a variety of procedural rules.
all principles of due process in some way are utilized in the conduct of the proceedings.They are interrelated and interdependent.Infringement of a principle entails a violation of a number of others.Their observance is guaranteed by the state and provided by public authorities.In case of violation of these principles of government, leading the process, they must be responsible for the come consequences.
principles of criminal proceedings include legal provisions guaranteeing rights and freedoms of citizens, determined the construction of the trial is a central step in the process.Finds expression in one or more of the preceding trial stages.
The legislation provides for the following principles:
- the principle of legality in criminal proceedings, that is precise and steady application of the law by the competent state authorities, parties to the proceedings comply with the requirements of regulations;
- the administration of justice exclusively by the court.It means that a person may be convicted and is subject to criminal punishment only by a court verdict;
- respect for the honor, the dignity of man.In the process prohibits actions that in any way belittle and humiliate human dignity;
- personal integrity.It avoids unnecessary deprivation of human freedom;
- inviolability of the home, that is, one without the consent of the owner can not penetrate it;
- protection of the rights, interests and freedoms in criminal proceedings.Each participant should be aware of their rights in this regard, the state agencies charged with their explanations and the possibility of implementation;
- the presumption of innocence.All doubts that arise in the criminal trial, interpreted in favor of the suspect.Man before sentencing trial - not guilty;
- adversarial.It means that in criminal proceedings of the function (protection, prosecution, permits) are distributed between the parties and can not rely on one agency or official;
- ensuring the suspect (the accused person) the right to defense.In the event of legal action, the perpetrator of a crime has the right to protect the interests of highly qualified specialist;
- the language of the criminal proceedings.It is conducted only at the state (Russian) or in the language of a member of the Russian republic;
- the principle of publicity in criminal proceedings.When signs of the offense shall be guilty in relation to a criminal case, regardless of the wishes of the victim.Protecting citizens and society against crime - the duty of the state, not the business of the citizens;
- the secrecy of correspondence, telephone and other conversations, telegraph, mail, other messages.Means that unacceptable interference in private life in this way.Only when committing a crime by a court order, this limitation can be removed and, as an exception, it is permissible in cases of urgency;
- the right to appeal procedural decisions.In case of disagreement with the decision, any citizen can file a complaint to the superior organization or court.
principles of due process are at the heart of government agencies, they are widely used in practice and be guided by them in the course of investigation and consideration of criminal cases.
