The criminal process should be understoodthe activities of authorized entities, regulated by the CCP. It is aimed at determining the event of a crime, identifying the perpetrators. This is its main purpose. The tasks of criminal proceedings include also the adoption of measures provided for in legislation to punish the perpetrators.
Legislative activityreflects the concept, nature and purpose of criminal proceedings. The provisions that regulate it are contained in the Criminal Procedure Code. Appointment of the criminal procedure of the Russian Federation is reflected in art. 6 of the Criminal Code. According to the norms, this activity provides protection of legitimate rights and interests of organizations and citizens who suffered from illegal actions. This means that by performing certain actions established in the law, the prosecutor, the investigator, the investigator take measures to disclose the crime, identify the persons who are guilty of them, and prove their involvement in the act. After this, the case with the indictment or act is sent to the court. This body, in turn, also ensuring the protection of the legitimate rights and interests of organizations and rights, examines the materials on the merits and takes a decision in the form of an order, determination or sentence. The list of procedural actions is given in section 8 of the Criminal Code.
Concept and purpose of criminal proceedingsexclude the prosecution of innocent persons. In this regard, all authorized entities should take appropriate measures in the course of their duties. If the fault of a specific person in committing an unlawful act is not proven, employees conducting a preliminary investigation, reviewing the material on the merits, or prosecutors' supervision shall decide to terminate the proceedings against him or pass an acquittal.
Taking into account the above, it follows thatIt should be noted that the procedural activity is not only aimed at exposing persons responsible for crime and bringing them to punishment. This is the 1 purpose of criminal proceedings. However, along with this, measures should be taken to prevent the punishment of an innocent person. Thus, criminal justice has the function of establishing justice and order in society.
This definition implies membershipexclusively to a specific branch of law. The concept and purpose of criminal proceedings are manifested in its specific functions. In particular, they include:
The punishment of persons who have committed a crime,should be commensurate with the gravity of the act and other conditions provided for in the law. The above list is not considered exhaustive. Some authors also include in it an initial check of messages and statements about crimes that are being prepared or have already been committed.
As was said above, the purpose of the criminallegal proceedings established in Art. 6 of the Code of Criminal Procedure. The code excludes the functions of this activity. Here it is worth noting that only the CCP does not list the tasks of judicial proceedings. Meanwhile, in the Arbitration, Civil Codes, and also in the Code of Administrative Offenses, they are set out in accordance with the branch of law.
The purpose of criminal proceedings isthe goal that must be achieved through the performance of certain actions. According to Art. 6 p. 1 of the Code of Criminal Procedure, the main directions of this institution are the provision of protection of the rights and interests of organizations and citizens affected by unlawful actions and preventing unreasonable bringing of innocent persons to justice. In this sense, the social purpose of criminal proceedings is manifested. Protecting the person against an unjustified and unlawful charge equally applies to both the victims and the suspects.
Ensuring the safety of victims' interestsincludes the restoration of the violated right, compensation for harm of a material, moral or physical nature, the application of punishment to the guilty persons. Protecting the person from unreasonable and unlawful prosecution, restriction of freedom, conviction means that only those who have committed unlawful acts must suffer the deprivation established by law. To do this, it is necessary to fully prove the guilt of the suspect.
According to art. 6 hours2 of the Code of Criminal Procedure, the purpose of legal proceedings is criminal prosecution and subsequent fair punishment of those responsible for the crime, as well as exemption from prosecution, restoration of rights and rehabilitation of everyone who has been subjected to unfounded accusation and prosecution. To achieve it, it is necessary to identify those who are guilty of the wrongful act. The purpose of criminal proceedings, therefore, is to establish directly the fact of the crime, the involvement of the person in it. In other words, authorized entities are required to find out the truth about what happened. Only in this case can the protection of victims be ensured and the possibility of bringing innocent persons to justice be excluded.
Legal proceedings include several stages.The consideration of the materials in the first instance is dealt with by one official or a panel or jury. In the course of this stage, the same questions are actually resolved, which were investigated during the preliminary investigation.
The trial in the first instance is completed.by issuing a ruling (ruling) to terminate further proceedings or prosecution, or by issuing an acquittal or conviction. These acts can be appealed. Dispute of decisions is carried out in the court of 2nd instance - Appeal or Cassation. At this stage, verification of the legality, legality and fairness of the adopted acts is carried out. Execution of the sentence is considered the final stage of the proceedings. In accordance with the adopted act, when admitting guilt, a person fulfills the obligations prescribed by an authorized authority. In the case of justification, the subject receives freedom.
The case can be sent back to production.The law allows this stage in certain cases. In particular, the materials may open up new circumstances. This stage has its own characteristics. It differs from supervisory proceedings not only in the grounds. In case of revision of the adopted act, the process is not resumed. In addition, the specificity is found in a special procedure of criminal proceedings. For the resumption of consideration, the accepted decision, sentence or ruling, which entered into force, shall be canceled.
According to the above, is formeda fairly clear conclusion reflecting the purpose of criminal proceedings. This activity, therefore, is aimed mainly at ensuring the preservation of the interests, freedoms and rights of individuals, victims and defendants. The law establishes sufficiently strict conditions for the application of punishment and prosecution. Civil and personal interests are protected by the Constitution. In accordance with its provisions, no one can deprive anyone of their liberty in the absence of proof of guilt. At the same time, the Criminal Code provides for the principle of presumption of innocence. If authorized persons are suspicious of anyone, they must prove their reality through legal means. The suspect himself is not obliged to seek and present proof of his innocence.
