implementation of activities specially authorized entity that ordered the Criminal Procedure Code - is a criminal trial.Stage of the criminal process - is interconnected separate stages.They are characterized by certain objectives and the consequences of these decisions, as well as bodies and persons involved in the case, the order form procedures and procedural nature of the relationship.Criminal procedure allows to establish evidence of a crime, identify those responsible for committing it faces.Also going on the adoption of the necessary measures provided by the law for the punishment of criminals.
Signs stages
concept and stage of the criminal process have specific characteristics.
- limit problems that originate from obschepostavlennyh tasks in criminal proceedings.
- certain range of bodies and individuals involved in the proceedings.
- procedural forms or procedures of determining the contents of the immediate tasks of the particular stage.It characterized by features of its manifestations in the general procedural principles.
- especially characteristic of the relations arising in the course of the investigation between the objects of the proceedings.
- final decision or procedural act.They are the final cycle of procedural attitudes and actions, after which it is not terminated or suspended.The transition it to the next level.
stages of the criminal process: concept, system
Interconnected principles of legal proceedings and challenges together, form a stage of criminal procedural system.It consists of the steps which are separate interconnected parts.Stage alternate and replace one another in a strict sequence.Forming a unified system, the stages are considered in the interdependence and interrelation between them.
Consider the types of stages in the criminal process.
- stage at which proceedings are initiated.
- stage of preliminary investigation and inquiry.
- Stage production of a judicial body of first instance.
- Stage cassation and appeals.
- Stage responsible for the execution of the sentence.
system and the stage of the criminal process include the production and special.They are characterized by several factors:
- Special order of the court decision in the case of the consent of the citizen with the charges against him.
- Specifics of the world court.
- Special factors of production in respect of certain categories of persons.
- Features court proceedings with the participation of jurors.
- Special factors of criminal proceedings against persons who have not attained the age of majority.
- Features of the proceedings on the application of a citizen of a medical nature.
specific characteristics (stage of criminal proceedings)
stages in criminal proceedings have a specific feature.This is the final procedural decision.This conclusion is accepted by the court.The final decision are the following documents.
- court's verdict (guilty or not guilty).
- Decision on the application of measures that are of a medical nature through coercion.
- decision on termination of criminal proceedings, an action taken by way of enforcement.
first stage
initiation of proceedings is the first step.From there begins a criminal trial.Stage of the criminal process, emerging from one another, can not be formed without going through this stage.At the given moment the public authorities and the officials concerned shall decide.It is the basis of the beginning of the proceedings in the presence of statements, complaints or surrender.At the stage of excitation is established whether or not the reasons and grounds for the proceedings.
Ends considered decision-making stage.It talks about the beginning of the criminal proceedings.Or it is a refusal to act.If a decision to initiate, the corresponding resolution is the basis for the transition to the further stage of the criminal proceedings.
preliminary investigation
After the first stage, there is a preliminary investigation stage.It is carried out of the investigative department.At this stage, the collection and study of evidence in the case to determine the presence or absence of evidence of a crime, guilty of committing it faces.It is also being studied at this stage the size and nature of the damage caused as a result of the commission of the offense and other circumstances that may have some value to the case.The second stage is the stage of pre-trial proceedings, so the findings and the circumstances of the case are preliminary.They are expressed in the indictment.They are considered the presented version of the conclusions by the prosecution.And the court should it be investigated.This will be the third stage of the judiciary, which continues to the criminal proceedings.Stage of the criminal process is the pre-trial stage, at the end of the preliminary investigation.They do not flow in the production or criminal proceedings, ie. Ie. Stop without going into the next stage.Except in the case of private prosecution.They do not require a preliminary investigation.
production in court
Trial stage responsible for the production of first instance.It's called the third.It is also responsible for the production of a higher court.This body examines the legality, fairness and validity of the decision of a court of first instance.The stages also has several stages.The first is responsible for the authority of a judge to the trial and preparatory actions before the meeting.On stage, the judge has considered the right to take one of the solutions.
- set a hearing.
- return the case for the purpose of further investigation.
- suspend production.
- dismissed the case.
- refer the case to another jurisdiction.
If the court decides to hear the case by the court, then the court decides on the issues related to the preparation of materials for consideration.At this stage of the process does not solve the problem of guilt of the accused.Judge finds grounds for further consideration of the case.If such grounds are present in the submissions made further necessary actions.They aim to prepare the case for the court hearing.
second stage of production is proceeding.On the stage of hearing the case under consideration on the merits.It solved the problem, which allows you to understand the accused is guilty or not.Also, a decision is made regarding the application to the defendant of criminal punishment.
before a court terminates the indictment or acquittal, and can be taken other decisions.For example, such a conclusion may be a decision to refer the case for further investigation, its termination, and so on. D.
Stage cassation and appeals
The proceedings in the court of cassation as a higher judicial body is separate stage.This is another phase, which forms the criminal trial.Stage of criminal proceedings on appeal begin with the existence of the excitation of the case on the basis of the appeal and submitted to the competent persons of protests.The judicial authority of second instance verifies the validity and legality of the decision.It is also determined by the verdict.It may be discussed and the decision the court of first instance.According to the results of the proceedings of the second instance, the following options for reports.
- on leaving the decision unchanged.
- Cancels decision.
- Changes the conclusions adopted by the Court of First Instance.
Appeal performance and the complaint - the stage of the criminal proceedings on the appeal is not running in the course of the court's decision, which was read in the first instance.The court considered the case within the reasons stated in the appeal.
The sentence of the court
The sentence - the stage of the criminal process, which is responsible for the implementation of government orders of the court.For example, we are talking about in relation to whom they apply and what should be done.This step comes after the period for appeal to the court of second instance.Also, it shall enter into force after the proceedings in the court of cassation.
exceptional step
consider this concept.Exclusive stages of the criminal process is the production of supervisory authority, which is considered the next stage.At this stage the proceedings are carried out, which is formed on the basis of the complaint or the subject of an appeal to eliminate judicial error made in the previous examination of the case.In the production of supervisory authority checks the legality, fairness and reasonableness accepted the court judgment.
Another exceptional step is the resumption of criminal proceedings on the case because of the discovery of the new or newly discovered factors.
Thus, the article examined the system and the stage of the criminal process.
