Criminal court proceedings are designed to protect the interests and rights of citizens, as well as organizations that have been affected as a result of committed criminal acts. In addition, any illegally convicted person has the opportunity to rehabilitate - to restore their rights.
Definition
Criminal proceedings is a statutory activity to investigate, review and resolve criminal offenses. Its main tasks specified in Art. 6 Code of Criminal Procedure, are:
- protection of the interests of victims of crime;
- protection of individual rights from unlawful conviction.
The implementation of the main functions of the criminal process is achieved by initiating a case and investigating it with a further referral to the court to decide whether a person is found guilty or released from punishment. Norms of Art. 6 of the Code of Criminal Procedure indicate that legal proceedings should protect a citizen from unlawful prosecution, and if this happens, ensure his full rehabilitation.
Protection
Respect for the rights and interests of citizens who have suffered from criminal atrocities is provided for by the Constitution, which guarantees their protection and provides access to justice.
Also Art. 6 of the Code of Criminal Procedure of the Russian Federation provides for the possibility of rehabilitating all persons who have been unlawfully prosecuted by law enforcement bodies or who have been illegally convicted. At the same time, the state should contribute to the restoration of the violated rights of those citizens who became victims as a result of committed unlawful actions by attackers and suffered material damage. Their defense is manifested in this case in that the perpetrators are brought to criminal liability, after which the court imposes a fair punishment on them, as stated in Art. 6 Code of Criminal Procedure.
Funds
For faster resolution of criminal proceedings are used:
- rules of evidence prescribed by law;
- coercive measures (obligation to appear, drive).
Protection of the interests of individuals cannot be achieved by unjustifiably restricting personal rights, according to the Code of Criminal Procedure of the Russian Federation. Article 6, “The appointment of criminal proceedings”, states that its main function is to protect citizens from unlawful conviction and unfair violation of freedoms.
Renouncement
Norms of Art. 6 of the Code of Criminal Procedure of the Russian Federation indicate that the task of the criminal process is not only to impose a fair punishment on the attackers, but also to release those persons who were subjected to unlawful prosecution by law enforcement bodies. In addition, the refusal to prosecute innocent citizens may include the following:
- in not recruiting them as accused;
- that the case will not be instituted or dismissed on rehabilitative grounds;
- in the court's acquittal.
A comment
This article is devoted mainly to the principles of criminal proceedings, which are directly related to its appointment. The whole process of the case is to bring the perpetrator to justice, as well as protect the rights of victims who have been violated by a committed act. In addition, the main significance of criminal proceedings lies in the fact that it is the protection of the individual from unlawful prosecution. In the event that this happened, every citizen has the right to rehabilitation, according to Art. 6 Code of Criminal Procedure with comments.
Main
Legal proceedings are necessary in order to impose a fair punishment for the committed crime of guilty persons, as well as to protect the interests of affected citizens and organizations, as indicated by Art. 6.
The Code of Criminal Procedure (Code of Criminal Procedure ) also states that any restrictions on the person’s rights and freedoms are inadmissible, thereby protecting a person from unlawful conviction and charges. In addition, legal proceedings in a criminal case are necessary not only for sentencing a guilty person, but also for acquitting a citizen who is not related to the committed act.
Rehabilitation
Innocent persons who have been unlawfully prosecuted must be acquitted by the court. Then they have the full right to rehabilitation and restoration in all rights that were violated as a result of criminal prosecution by law enforcement agencies.
But, as practice shows, it is quite difficult to achieve compensation for moral harm, even through court. Because the bodies of the preliminary investigation always assert the fact that they had a sufficiently large amount of evidence to bring charges and refer the case for further consideration. In addition, the court in such cases is delayed and compensation for non-pecuniary damage and material damage caused by unlawful conviction is always paid for a very long time.
The timing
The criminal process must be conducted by the court in a certain period of time. Circumstances connected with the work of the investigating authorities, the prosecutor's office, as well as the consideration of the case by other authorities cannot be grounds for exceeding the time limits for resolving the case. This circumstance is indicated by paragraph 4 of Art. 6. The Code of Criminal Procedure notes that if the proceedings in the case are delayed, interested parties may complain to the chairman of the court.
Stages
In a criminal case, a sufficiently large role is played by the collection of evidence that would confirm the guilt of the accused person. Therefore, production is carried out in several stages:
- Opening a case.
- A preliminary investigation, during which there is a survey of witnesses, victims, the suspect.
- Preparation of the case for trial and the process itself.
- Appeal against a decision by appeal or cassation.
- Execution of the sentence.
Therefore, the sooner the committed act is revealed by the bodies of the preliminary investigation, the sooner the guilty person will be punished. Criminal proceedings require good preparation and investigation of all the materials and evidence provided. This is required so that the innocent is not unlawfully convicted of what he did not commit. In addition, the court often began to return criminal cases to prosecution authorities.
This is done to conduct a more detailed investigation of the case. Because legal proceedings are intended not only to punish the guilty, but also to exercise the right to protection of those citizens who have not committed unlawful acts and who need justification. In addition, the interests of such persons may be violated due to unlawful prosecution, after which they are subject to rehabilitation.
The rights of victims are protected by justice in full, which is fully consistent with the Constitution. These citizens may appeal the sentence to higher authorities. In addition, cases of consideration of the case in connection with the newly discovered circumstances are currently possible. This is possible only when facts have been established that are important for the disclosure and investigation of the crime.