Any state in the world is one of the forms of organization of society. It 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 attacks that pose a danger to health and life.
How effectively this function will be carried out directly depends on the availability of an effective legal system that provides for criminal or administrative liability for atrocities committed.
What is a criminal trial?
No action can be applied automatically to criminals. Their implementation is possible only in the process of activity, which allows you to establish all the circumstances of what happened, correctly qualify and make a fully justified and legal enforcement act. Only government agencies can carry out such activities. It is called the criminal procedure. Usually it is also called this: criminal process.
Translated, this concept means "trial of crimes". Based on this, it is possible to give a definition: the criminal process is the activity of state bodies carried out in a legal manner, which is aimed at ensuring the implementation of the criminal law norm by applying it to a criminal person. All measures applied should be spelled out in the Criminal Code.
The objectives of the criminal process
The main tasks that the proceedings have are the following:
- To stand guard over the rights and interests of persons who take part in legal proceedings. All participants in the process must know their rights and be able to exercise them. This applies to both the defendants and the accused. Violations of rights cannot be justified by any procedural actions.
- Solve a crime as quickly and fully as possible. It can be considered disclosed only when all the events and participants in this crime are precisely established. The speed of disclosure guarantees the inevitability of punishment, which is designed to have an educational effect not only on criminals, but also on other members of society. The crime can also be considered disclosed after the conviction comes into force.
- Identification of the perpetrators of the crime. This should be done by the authorities that conducted the criminal process. It is they who not only look for criminals, but also establish the guilt of everyone.
- Correctly use the law so that the offender is punished and the innocent are not harmed. This is possible only if the criminal case was conducted strictly within the framework of the law. If any violations of the use of legal acts are revealed, then the case can be returned for further investigation, and the decision on it can be canceled.
Signs of a criminal trial
The criminal process can only be called the activity that is carried out in connection with the crime committed. The following distinguishing features are characteristic of it:
- Activities are underway to investigate and resolve criminal cases.
- All actions can be performed only within the framework of a specific case.
- The criminal process is an activity which is carried out only by authorized bodies or persons.
- All actions are carried out in a strict and strict manner, which is regulated by law.
- All tasks can be solved only if the legitimate interests and rights of citizens are respected.
Criminal law and criminal procedure are different concepts. The process is the activity of participating parties, and law is a set of legal norms that are designed to regulate this activity.
Varieties
The historical development of Russian criminal 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 process.
The type of process means the totality of the most significant conditions that characterize the procedure for the proceedings, the degree of protection of individual rights, as well as methods for collecting, checking and evaluating the information received.
The existence of a particular type of litigation is due to certain prerequisites, for example, economic, political, social, religious and others. The features of the development of the state also influence the type of process .
Now in the criminal law it is customary to distinguish the following types of criminal process:
- Accusatory. Currently, this variety 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 passive participation of state bodies in the proceedings. The victim himself had to collect evidence and look for blaming evidence.
- Tracing. Appeared a little later and received the greatest distribution in the Roman Empire and the Spanish Kingdom. In Russia, such a criminal trial was characteristic before the reforms of Alexander II. The accused was almost completely deprived of all rights in his defense, sometimes he did not even know what he was accused of.
- Adversarial. Refers to modern forms of production. In this case, both the victims of the criminal trial and the accused have equal rights. The fundamental principle of this process is the presumption of innocence.
- Mixed. 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 adversarial and the search process. Such legal proceedings prevailed in Russia before the revolution. In legal proceedings, this type is characterized by a predominance of competitive elements. 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 another and are closely interconnected. They can be characterized by some basic features:
- Each stage has its own goals and objectives, depending on what kind of proceedings in the criminal process. The main task is to comply with the rule of law and the validity of all decisions.
- At each stage, there is a circle of participants and the main judicial bodies, for example, when pre-trial proceedings are ongoing, 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.
- The order of activity.
- Dates of all procedural measures.
- Actions and legal relations.
- Decisions and documents, for example, drawing up an indictment and referring 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 phase before the meeting.
- Court Session.
- Holding an appeal, if any.
- Entry into force.
Exceptional steps include:
- Cassation.
- Supervisory authority.
- Reopening of the case due to new circumstances.
Pre-trial stages
The very first stage is the establishment of a business. The application is being accepted by the investigating authorities or the crime report is checked. This stage is the shortest, usually its duration is about three days. In some cases, this period may be extended.
As a result, a decision appears to initiate or refuse to institute criminal proceedings. At this stage, a small number of individuals participate in the process.
After this, a preliminary investigation begins, which is carried out in two forms - preliminary investigation and inquiry. The first is usually done when the process is criminal. goes on crimes that have a danger to society.
Inquiry is carried out in fairly simple criminal cases. A preliminary investigation of the duration takes about two months, if the matter is complicated, then this period can be extended. At this stage, the victims in the criminal trial 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
This stage begins with preparation for the trial. The main task is to prepare for the trial. 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 session is scheduled. If problems arise in the criminal process, the judge may send the case for further investigation without ordering a trial.
At the hearing, all parties who are actively involved in the process participate in the work. For example, a lawyer has the right to invite witnesses.
Litigation is a central part of any criminal process. It is divided into several stages:
- Preparatory actions.
- The judicial investigation. Victims in the criminal process speak and tell everything about the essence of the crime. Defendants also have the right to speak out and testify.
- Debate of the parties. It begins with the fact that the prosecutor in the criminal proceedings makes an accusation and appeals to the court with a request to pass this or that punishment. After him, the word has the defender of the defendant.
- The word of the defendant. In this part, the accused has the right to say the last word, ask for forgiveness, admit or not his guilt.
- Sentencing. It can be both acquittal and accusatory. In some cases, the court in a criminal process makes a decision to terminate the criminal case.
The trial can go on indefinitely, in some complex cases the process lasts for years.
Justice and justice
If we talk about the essence of the criminal process, then it must be considered with respect to justice, which is one of the ways to exercise the judiciary. This refers to the activities of the court in the study and adoption of decisions on legal disputes, which should be carried out strictly within the framework of the law.
In Russia, only a court can administer justice. Judicial power is exercised in various forms:
- Constitutional proceedings.
- Civil.
- Administrative
- Criminal
It turns out that the criminal process is a form of justice. However, it should not be attributed only to the activities of the judiciary. The court is indeed the main, but not the only entity that carries out criminal procedure activities.
It can be concluded that justice is related to the criminal process as follows:
- If we talk about the tasks and subject of legal regulation, then justice is much wider than the criminal process.
- When it comes to the subjects, the justice in this matter is inferior to legal proceedings, since not only the court is involved, but also the interrogators, investigators, prosecutors and other officials.
Principles of Criminal Procedure
Any criminal procedural activity bases its work on certain principles:
- Legality. Both the court and the other authorities in the proceedings are required to strictly follow the requirements of the Criminal Code. Any violations are not allowed and entail liability, which is established by law. When conducting a criminal case, all the rights of persons participating in the process must be respected.
- Personal integrity. Every citizen has the full right to protection from unlawful interference with his private life. This applies not only to illegal intrusion into private property, but also to correspondence and telephone conversations. The suspect and the victim have the right to defense, which they can exercise 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. Directly in the Criminal Code, it is not indicated, but 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. During 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.
- Only court can administer justice . The judicial system is established by the Constitution; the formation of other similar instances is not allowed.
- The principle of the language of legal proceedings. The trial should be conducted in the native language for citizens participating in it.
- Presumption of innocence. Until a person’s guilt has been proven in court, he cannot be called guilty and a punishment will be applied to him. Moreover, this is not a personal opinion of the persons and bodies that are conducting the process, but an objective position 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 the accused, everything should be carried out on the basis and in the manner prescribed by law.
- The principle of the independence of the courts, jurors and independent judges. The judiciary is one of the independent types of state power, which exercises subordination 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 certainly communicate with each other. The court can correct the shortcomings of the executive branch, exercise constitutional review, and monitor the legality and validity of decisions of state authorities.
If all these principles are strictly observed, then you can be sure that the crime will be solved by honest methods, and all those guilty will be surely punished.
Evidence and the Evidence Process
These two concepts are inextricably interconnected, although they differ in essence. Evidence is any data that is obtained by law. Given these, the investigating authorities determine whether a crime has occurred or not. And also the degree of guilt of the suspect is established.
Evidence in criminal proceedings is already the activity of state and officials aimed at collecting, checking and evaluating evidence in order to establish all the circumstances that are of great importance for the lawful and fair resolution of the trial.
The process of proof usually consists of several components:
- Nomination of versions.
- Collection of information.
- Verification of evidence.
- Assessment of evidence.
- Reasonable conclusions.
Evidence in criminal proceedings is carried out at almost all stages of the proceedings. Evidence obtained illegally is not used in court as indisputable facts. They cannot be the basis of the charge.
Evidence can be classified according to qualities and sources of information. If we consider them in relation to the accused, then they are:
Comparing the source of the information received, we can distinguish:
- Initial evidence.
- Derivatives.
In relation to the facts of the crime:
The evidence generation mechanism may be:
In the practice of legal proceedings, quite often a forensic examination in criminal proceedings is appointed. An investigator conducting a criminal case has the right to order an examination, but he does not have such an obligation. There are a number of cases where the interrogator is simply obliged to order a forensic examination:
- If there is evidence of death or serious bodily harm.
- Evidence of doubt in the sanity of the suspect or victim.
- If the case does not have information about the age of the participant in the process, when these data are important.
- An examination is mandatory if it is necessary to establish the cause of death.
- If you need to find out the degree of harm that has been caused to health.
Civil litigation
In the criminal process, claims are considered both from civilians and from legal entities. The claim for compensation for moral or property damage that was caused during the crime may be filed by the prosecutor.
When the plaintiff submits a statement of claim, he is exempted from paying state duty. .
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