Any state in the world is a form of social organization.He has a lot of features that are of great social importance.One of the most important is the protection of society, the state and every citizen of the country from various attacks, which pose a danger to health and life.
How effective will be performed this function depends on the presence of an effective legal system, which provides for criminal or administrative responsibility for the atrocities.
What is prosecuting
No sanctions can not be applied automatically to criminals.Their realization is possible only in the normal course of business, which allows you to set all the circumstances of the incident is properly qualified, and to make well-founded and legitimate act of enforcement.To carry out such activities can only state agencies.It is called the criminal procedure.Usually it is called as follows: criminal proceedings.
Translated, this means the concept "trial of crimes committed."On this basis, it is possible to define: the criminal process - is carried out in a lawful manner the activity of state bodies, which aims to ensure the implementation of the criminal law by its application to the criminal face.All the measures applied must be prescribed in the Criminal Code.
Tasks criminal proceedings
The main objectives of which are available for the proceedings, are as follows:
- stand guard the rights and interests of persons who take part in the proceedings.All actors should know their rights and be able to implement them.This applies both to defendants and defendants.Violations of the rights can not be justified by any proceedings.
- as quickly as possible and completely solve the crime.It can be considered solved only when all events are well established and the participants of this crime.Speed ​​disclosure ensures the certainty of punishment, which is designed to provide an educational impact not only on the perpetrators but also on the rest of society.Crime may also be considered disclosed after conviction enters its validity.
- Identifying the perpetrators.This should be dealt with bodies that were criminal proceedings.They are not only looking for criminals, but also establish the guilt of anyone.
- right to use the law to the perpetrator was punished and the innocent are not affected.This is possible only if the criminal case was conducted strictly within the law.If you found any violations of the use of legal instruments, the matter can be returned for further investigation, and a decision on it - to cancel.
Signs criminal proceedings
criminal process can be called only the activity that is carried out in connection with the offense.It is characterized by the following features:
- carrying out activities in the investigation and resolution of criminal cases.
- All actions can be performed only in the particular case.
- criminal process - an activity which is carried out only by authorized bodies or persons.
- All activities are conducted in hard and strict order, which is regulated by law.
- All tasks can be solved only if the legitimate interests and rights of citizens.
criminal law and criminal procedure - different concepts.The process comprises the activities of persons involved, and the right - a body of law that are designed to regulate this activity.
Species
historical development of Russian criminal jurisdiction begins from the time of Kievan Rus, when the first monument to the right - "Russian Truth".If we talk about the history of the world, in different countries have different types of criminal proceedings.
By type process means the combination of the most important conditions that characterize the order of proceedings, protection of individual rights, as well as methods of data collection, validation and evaluation of the information received.
existence of a particular type of litigation due to some assumptions, such as economic, political, social, religious and others.In view of the process is influenced by characteristics of the state.
now in the criminal law is accepted to allocate following types of criminal proceedings:
- Guilty.Currently, this variation hardly occurs, if only some of its elements.It was characteristic of the slave-owning and feudal states, such as ancient Rome, Kievan Rus.While there was limited participation of state bodies in the proceedings.The victim in the home had to gather evidence and look for incriminating evidence.
- search.There was a little later, and the most widely used in the Roman Empire and the Kingdom of Spain.In Russia, a criminal lawsuit had prevailed until the reforms of Alexander II.The defendant is almost completely deprived of all rights for his defense, he sometimes does not even know what he is accused.
- controversial.It refers to the modern forms of production.In this case, and the victims in criminal proceedings, and defendants have the same rights.The fundamental principle of this process is the presumption of innocence.
- mixed.Also, modern look proceedings, which is characteristic of a continental legal system.It can be seen as a controversial methods and investigative process.Such proceedings are dominated in Russia before the revolution.In this type of proceedings is characterized by the predominance of the elements of competitiveness.In modern Russia, established precisely this type of litigation.
stages of the criminal process
Any criminal case consists of several stages which follow one another and are closely linked.They can be characterized by some main features:
- Each stage has its own goals and objectives based on which production is carried out in the criminal proceedings.The main objective - the rule of law and the validity of decisions.
- At each stage has its own range of participants and the principal organs of the proceedings, for example, when there is a pre-trial proceedings, the prosecutor in the criminal process is endowed with its powers, and at the stage of the proceedings in the courtroom it is already being called the accuser.
- order of business.
- Dates of all procedural measures.
- actions and relationship.
- decisions and documents, such as drawing up the indictment and send it to the prosecutor.
procedure for criminal proceedings has the stage, which can be divided into two major groups:
- normal.
- exclusively.
The first group includes the following steps:
- prosecution.
- preliminary investigation.
- preparatory stage before the meeting.
- court session.
- Conduct appeals, if any, will be filed.
- sentence comes into force.
The exclusive stages are:
- cassation.
- supervisory authority.
- reopening of the case in connection with the new circumstances.
pretrial stages
The first stage - the institution of the case.Receiving complaints, Investigation or inspection reports of crime.This step is the shortest, it is usually a duration of about three days.In some cases, this period may be extended.
The result is the decision to initiate or refuse to initiate criminal proceedings.At this stage of the process involved a small number of individuals.
Thereafter, the preliminary investigation, which is carried out in two forms - preliminary investigation and inquiry.The first is usually performed when the criminal is on crimes of a danger to society.
inquiry is carried out on a fairly simple criminal cases.Preliminary investigation of the duration is about two months if the case is complex, this period may be extended.At this stage of the victims in criminal proceedings tell all the circumstances of the case with all the details, provide information about a witness who can attest to their attention.
As a result of all actions and events prepared the indictment.
trial
This stage begins with the preparation for trial.The main task is to prepare for the meeting of the court.At this stage the judge independently or closed during the preliminary hearing, studying every nuance of the criminal case.If it finds that there are grounds, then appointed hearing.If there are problems of criminal proceedings, the judge may, without purpose of the trial to send the case for additional investigation.
At the hearing attended by all the parties that are actively involved in the process.For example, a lawyer has the right to call witnesses.
trial is a central part of any criminal proceedings.It is divided into several stages:
- Preparatory actions.
- trial.The victims in the criminal procedure act and tell all in fact committed the crime.Defendants also have the right to speak out and give testimony.
- pleadings.It starts with the fact that the prosecutor in a criminal proceeding in favor with the prosecution and appeals to the court to render a particular punishment.After him, the word has a defender of the defendant.
- word of the defendant.In this part of the accused has the right to have the last word, to apologize, to admit or not guilty.
- sentencing.It can be either an acquittal or guilty.In some cases, the court in criminal proceedings shall decide on the termination of criminal proceedings.
trial can continue indefinitely, in some complex cases, the process takes years.
Judiciary and justice
If we talk about the nature of the criminal process, it should definitely be considered with respect to justice, which is one of the ways to implement the judiciary.This refers to the activities of the court for consideration and decision on the legal dispute, which must be carried out strictly within the law.
In Russia, only a court can do justice.Judicial power is exercised in various forms:
- constitutional proceedings.
- Civic.
- Administration.
- criminal.
turns out that the criminal process is a form of justice.However, it should not be attributed only to the judiciary.The Court is indeed here mostly, but not the only entity that carries out criminal procedure.
may conclude that the criminal justice process is related as follows:
- If we talk about the problems and the subject of legal regulation, it is much broader criminal justice process.
- When it comes to the subjects, the justice in this matter yields proceedings as involved not only the court but also the investigators, investigators, prosecutors and other officials.
principles of due process
Any criminal procedure bases its work on certain principles:
- law.As the Court and other organs in the manufacture of precision are required to follow the requirements of the Criminal Code.Any violations are not allowed and entail the liability established by law.In the conduct of all criminal proceedings the rights of persons involved in the process, must be respected.
- inviolability of the person.Every citizen has a right to protection from unlawful interference in his private life.This is not only illegal invasion of private property, but also correspondence, telephone conversations.The suspect and the victim are entitled to protection, which can carry out both independently and with the help of a lawyer.All participants in the process have absolutely equal rights before the law.
- principle of publicity.Directly to the Criminal Code it is not specified, but is one of the foundations of the trial.Public interest is expressed in the creation of an environment that shows that any crime should be punished.
- respect the honor and dignity of the individual.The main provisions of the principle laid down in the Constitution, therefore, must be adhered to.In the course of the judicial investigation is unacceptable to use violent methods to determine whether a crime.
- protection of the rights and freedoms of the individual in criminal proceedings.
- administer justice can only court.The judicial system established by the Constitution, the formation of other similar instances are not allowed.
- principle of the language of proceedings.The trial should be conducted in the native language for people involved in it.
- presumption of innocence.While wine man has not been proved in court, it can not be considered guilty and apply the death penalty.This is not a personal opinion of persons and bodies that lead the process, and the objective situation from which the main conclusions can be made: an innocent person can not be condemned and prosecuted;can not be involved as an accused of any citizen, it should be carried out on the basis and in the order that is provided by law.
- principle of independence of the courts, jurors and independent judges.The judiciary is a separate species of the government, which carries subordinate only to the Constitution of the Russian Federation.Despite the fact that the legislative and executive authorities of their activities differ from the judiciary, they are sure to come into contact with each other.The Court may fix the flaws of the executive power, the constitutional review exercise, monitor the legality and validity of decisions of public authorities.
If these principles are strictly observed, you can be sure that the crime will be solved honest methods, and certainly all the perpetrators will suffer just punishment.
Evidence and the process of proving
These two concepts are inextricably linked, though different in nature.Evidence considered any data that were obtained legally.Considering them, authorities conducting the investigation, establish the crime took place or not.And establishes the degree of culpability of the suspect.
of proof in a criminal trial - this is the activity of state and officials focused on the collection, verification and assessment of the evidence to establish all the circumstances that are important for the fair and equitable resolution of litigation.
proof process usually consists of several components:
- Advance versions.
- gathering information.Check
- evidence.
- Evaluation of evidence.
- valid conclusions.
of proof in a criminal trial is performed in almost all stages of the proceedings.Evidence obtained by unlawful means are not used in court as irrefutable facts.They can not be the basis for the charges.
Evidence can be classified depending on the quality and sources of information.If we consider them in relation to the accused, they are:
- indictment.
- acquittal.
Comparing sources of information can be distinguished:
- Initial evidence.
- derivatives.
In relation to the facts of the crime:
- Direct.
- indirectly.
Mechanism of evidence may be:
- real.
- person.
