Any state in the world is a formcommunity organizations. He has a lot of functions that have important social significance. One of the main ones is the protection of society, the state and every citizen of the country from various encroachments that pose a danger to health and life.
How effectively will thisthe function is directly dependent on the existence of an effective legal system that provides for criminal or administrative responsibility for the atrocities committed.
What is a criminal process
No measures can be applied.automatically to criminals. Their implementation is possible only in the process of activity, which allows to establish all the circumstances of the incident, correctly qualify and make a well-founded and lawful act of application. To carry out such activities can only government agencies. It is called the criminal procedure. Usually it is also called: the criminal process.
In translation, this concept means"trial of crimes". Based on this, it is possible to give a definition: a criminal procedure is a lawfully carried out activity of state bodies, which is aimed at ensuring the implementation of the criminal law by applying it to a criminal. All measures applied must be spelled out in the Criminal Code.
Tasks of the criminal process
The main tasks that have legal proceedings include the following:
- Stand guard over the rights and interests of individuals whotake part in legal proceedings. All participants in the process should know their rights and be able to realize them. This applies to both defendants and defendants. Violations of rights cannot be justified by any procedural actions.
- As soon as possible and more fully solve the crime.It can be considered to be revealed only when all events and participants in this atrocity have been precisely established. The speed of disclosure guarantees the inevitability of punishment, which is intended to have an educational impact not only on criminals, but also on other members of society. An offense may also be considered solved after the conviction enters into force.
- Identify the perpetrators of the crime. This should deal with the bodies that conducted the criminal process. They are not only looking for criminals, but also establish the guilt of each.
- Correctly use the law to criminalhe was punished, but the innocent were not injured. This is possible only if the criminal case was conducted strictly within the law. If any violations of the use of legal acts are revealed, the case can be returned for further investigation, and the decision on it can be canceled.
Signs of a criminal process
Criminal proceedings can only be called activities that are carried out in connection with the crime committed. It has the following distinctive features:
- Activities are being carried out to investigate and resolve criminal cases.
- All actions can be performed only within a specific case.
- The criminal process is an activity that is carried out only by authorized bodies or persons.
- All actions are carried out in strict and strict order, which is regulated by law.
- All tasks can be solved only with respect for the legitimate interests and rights of citizens.
Criminal law and criminal procedure are different concepts. The process is the activity of the persons involved, and the right is a set of legal norms that are designed to regulate this activity.
Varieties
Историческое развитие российской уголовной jurisdiction begins from the time of Kievan Rus, when the first monument of law appeared - "Russian Truth". If we talk about world history, then in different states there were different types of criminal proceedings.
Под типом процесса подразумевается совокупность the most significant conditions that characterize the procedure of the case, the degree of protection of individual rights, as well as methods of collecting, verifying and evaluating the information received.
The existence of a particular type of judicialThe process is subject to certain prerequisites, for example, economic, political, social, religious and other. The type of development is also influenced by the type of process.
Now in the criminal law it is customary to single out the following types of criminal proceedings:
- IndictmentCurrently, this species is practically not found, if only some of its elements. It was characteristic of slave and feudal states, for example, Ancient Rome, Kievan Rus. At that time, there was a passive participation of state bodies in the proceedings. The victim had to collect evidence on his own and look for incriminating evidence.
- Розыскной.Appeared a little later and the most widespread in the Roman Empire and the Kingdom of Spain. In Russia, such a criminal trial was typical before the reforms of Alexander II. The accused was almost completely deprived of all rights for his defense, he sometimes did not even know what he was accused of.
- Controversial.Refers to modern forms of production. In this case, both the victims in the criminal process and the defendants have equal rights. The fundamental principle of this process is the presumption of innocence.
- Mixed.It is also a modern type of legal proceedings, which is typical for states with a continental legal system. In it you can see the methods of both the adversary and the investigative process. Such legal proceedings prevailed in Russia before the revolution. In legal proceedings, this type is characterized by the predominance of the elements of competition. In modern Russia, this type of litigation has been established.
Stages of the criminal process
Any criminal case consists of several stages, which follow one after the other and are closely interrelated. They can be characterized by some basic features:
- Each stage has its own goals and objectives, depending on the proceeding in the criminal process. The main task is the observance of legality and the validity of all decisions.
- Each stage has its own circle of participants andThe main judicial authorities, for example, when pre-trial proceedings are under way, the prosecutor in the criminal process is vested with his powers, and at the stage of the proceedings in the courtroom he is already called the prosecutor.
- Order of activity
- Dates of all procedural events.
- Actions and legal relations.
- Decisions and documents, for example, drafting an indictment and transferring it to the prosecutor.
The order of the criminal process has stages that can be divided into two large groups:
- Normal
- Exceptional.
The first group includes the following steps:
- Criminal proceedings.
- Preliminary investigation.
- Preparatory stage before the meeting.
- Court hearing
- Holding an appeal, if any.
- Entry into force of the sentence.
Exclusive stages include:
- Cassation.
- Supervisory authority.
- Resumption of the case in connection with new circumstances.
Pretrial stage
The very first stage is the institution of the case.The application is received by investigative officers or a crime report is verified. This stage is the shortest, usually its duration is about three days. In some cases, this period may be extended.
As a result, there is a decision to initiate or refuse to initiate a criminal case. At this stage a small number of people take part in the process.
After this, a preliminary investigation begins, which is carried out in two forms - preliminary investigation and inquiry. The first is usually carried out when the process is criminal goes for crimes that are dangerous to society.
Inquiry is carried out by quite simplecriminal cases. The preliminary investigation on the duration takes about two months, if it is difficult, then this period can be extended. At this stage, the victims in the criminal process tell all the circumstances of the case with all the details, provide information about the witnesses who can confirm their information.
As a result of all actions and activities an indictment is drawn up.
Trial
Этот этап начинается с подготовки к судебному the proceedings. The main task is to prepare for the court session. At this stage, the judge independently or during a preliminary closed hearing examines all the nuances of the criminal case. If he considers that there are grounds, then a court hearing is scheduled. If there are problems in the criminal process, the judge may, without the appointment of a trial, send the case for further investigation.
At the court hearing all the parties that are actively involved in the process participate in the work. For example, a lawyer has the right to invite witnesses.
The trial is a central part of any criminal process. It is divided into several stages:
- Preparatory actions.
- Judicial investigation. Victims in the criminal process speak and tell all about the essence of the committed crime. Defendants also have the right to speak and testify.
- Debate of the parties. It starts with the fact that the prosecutor in the criminal process argues with the prosecution and appeals to the court with a request to carry out this or that punishment. After him, the defendant’s defender has the floor.
- The word defendant. In this part, the defendant has the right to have the last word, to ask for forgiveness to admit his guilt or not.
- Sentencing. He can be both acquittal and accusatory. In some cases, the court in the criminal process decides on the termination of the criminal case.
The trial may take an indefinite amount of time, in some difficult cases, the process lasts for years.
Justice and Justice
If we talk about the nature of the criminal process, thenit should definitely be considered in relation to justice, which is one of the ways to implement the judiciary. This refers to the activities of the court for the study and decision-making on legal disputes, which should be carried out strictly within the law.
In Russia, only the court can administer justice. Judicial power is exercised in different forms:
- Constitutional legal proceedings.
- Civilian
- Administrative.
- Criminal
Получается, что процесс уголовный является одной from the forms of justice. However, it should not be attributed only to the activities of the judiciary. The court is really the main, but not the only subject that carries out criminal procedure.
It can be concluded that justice is related to the criminal process as follows:
- If we talk about the objectives and the subject of legal settlement, then justice is much broader than the criminal process.
- When it comes to subjects, justice in this matter is inferior to legal proceedings, since not only the court is involved, but also investigators, investigators, prosecutors, and other officials.
Principles of criminal procedure
Any criminal procedure activity bases its work on certain principles:
- Legality.Both the court and other bodies are obliged to strictly follow the requirements of the Criminal Code. Any violations are not allowed and entail responsibility, which is established by law. When conducting a criminal case, all rights of persons participating in the process must be respected.
- Immunity of the individual.Every citizen has the full right to protection against unlawful interference with his private life. This applies not only to the illegal invasion of private property, but also to correspondence and telephone conversations. The suspect and the victim have the right to defense, which can be carried out both independently and with the help of a lawyer. All participants in the process have absolutely equal rights before the law.
- The principle of publicity.It is not specified directly in the Criminal Code, but it is one of the foundations of the trial. Public interest is expressed in creating an environment that shows that any crime should be punished.
- Respect for the honor and dignity of the individual.The main provisions of this principle are laid down in the Constitution, therefore they must be strictly observed. In the course of the judicial investigation, the use of violent methods to establish the fact of a crime is unacceptable.
- Protection of human rights and freedoms in criminal proceedings.
- To administer justice can only the court. The judicial system is established by the Constitution, the formation of other similar instances is not allowed.
- The principle of the language of justice. The trial should be conducted in the native language for citizens participating in it.
- Презумпция невиновности.Until the person’s guilt is proven in court, he cannot be called guilty and a sentence imposed on him. Moreover, this is not a personal opinion of the persons and bodies that conduct the process, but an objective situation, from which the main conclusions can be drawn: an innocent person cannot be convicted and brought to criminal responsibility; It is impossible to bring any citizen as an accused; everything must be carried out on the basis and in the manner provided by law.
- Принцип самостоятельности судов, присяжных assessors and independent judges. The judiciary is one of the independent types of state power, which exercises subject only to the Constitution of the Russian Federation. Despite the fact that the legislative and executive bodies differ in their activities from the judiciary, they are in contact with each other without fail. The court can correct the shortcomings of the executive branch, exercise constitutional control, monitor the legality and validity of decisions of state bodies.
If all these principles are strictly followed, then we can be sure that the crime will be solved by honest methods, and all the guilty will necessarily suffer a fair punishment.
Evidence and evidence process
These two concepts are inextricably intertwined, althoughdiffer in essence. Evidence is any data that is legally obtained. Given them, the investigating authorities determine whether a crime has occurred or not. And also establishes the degree of guilt of the suspect.
Proving a criminal trial is alreadythe activities of state and officials aimed at gathering, checking and evaluating evidence in order to establish all the circumstances that are of great importance for the legal and fair resolution of the trial.
The process of proof is usually composed of several components:
- Nomination versions.
- Collection of information.
- Verification of evidence.
- Evaluation of evidence.
- Reasonable conclusions.
Proving in criminal proceedings is carried outpractically at all stages of legal proceedings. Evidence that has been obtained illegally is not used in court as undeniable facts. They cannot be the basis of the charge.
Evidence can be classified according to the quality and sources of information. If we consider them in relation to the accused, then they are:
Comparing the source of information received, we can distinguish:
- Initial evidence.
- Derivatives.
In relation to the facts of the crime:
The mechanism for the formation of evidence can be:
In the practice of legal proceedings quite oftenforensic examination in criminal proceedings. An investigator who is in charge of a criminal case has the right to appoint an expert examination, but he does not have such a duty. There are a number of cases where the inquiry officer is simply obliged to appoint a forensic examination:
- If there is evidence confirming the death or the infliction of grievous bodily harm.
- Evidence of doubt that the suspect or the victim is responsible.
- If the case does not contain information about the age of the participant in the process, when this data is important.
- Examination is required if it is necessary to establish the cause of death.
- If you want to find out the degree of harm that was caused to health.
Civil claims in legal proceedings
In the criminal process are considered claims fromcivilians and from legal. A claim for moral or property damage that was caused during the crime may be filed by the prosecutor.
When the claimant submits a claim, he is exempt from paying state duty. Proving a civil action is carried out in the course of a criminal case in a lawful manner.
You can file a lawsuit in a criminal procedure at any time.time from the moment of initiation of the case to the end of the trial. It can be presented both orally and in writing. At any time, the claim can be waived, in this case the statement - refusal - is entered in the protocol of the trial, and the proceedings on it are terminated.
Any claim must be resolved:
- When an indictment is pronounced, the court, given the proof of the grounds and the size of the claim, can satisfy it in full or in part.
- If no measures to secure a civil action were taken at the preliminary investigation stage, the court has the right to decide on their acceptance before passing the sentence.
It should be noted that the forced refusal of the statement of claim is not accepted.
Sources of criminal proceedings
Any legal procedure in its activities is based only on the following laws:
- The Constitution of the Russian Federation.
- Criminal Procedure Law.
- Code of Criminal Procedure of the RSFSR.
- Federal Law "On the custody of the accused and suspects."
- The law "On the Prosecutor's Office of the Russian Federation."
- Federal Law "On the status of judges."
- The law "On operational and investigative activities."
Only by relying on laws can a criminal case be fairly investigated and sentenced or acquitted of an innocent.
