Criminal process: stages of the criminal process. The concept and stages of the criminal process

The implementation of activities by a specially authorized entity, which is streamlined by the Code of Criminal Procedure, is a criminal process. The stages of the criminal process are interconnected independent stages. They are characterized by certain tasks and the decisions arising from them, as well as by the bodies and persons involved in the case, the order, the form of the procedural procedure and the nature of the relationship. The criminal process allows you to establish the events of the crime, identify the perpetrators of its commission. Also, the necessary measures are envisaged by law to punish attackers.

Signs of stages

The concept and stages of the criminal process have specific features.

1. Limit tasks that originate from common tasks in criminal proceedings.
2. A certain circle of bodies and persons involved in legal proceedings.
3. The procedural form or order of activity, determined by the content of the immediate tasks of a particular stage. It is characterized by the features of manifestation in it of general procedural principles.
4. The special nature of the relations arising during the investigation between the objects of the proceedings.
5. Final decision or procedural act. They are the final cycle of procedural relations and actions, after which the case does not stop or is not suspended. It is moving to the next stage.

The stages of the criminal process: concept, system

Interconnected by the principles of legal proceedings and the tasks of the aggregate, the stages form a criminal procedure system. It consists of stages, which are separate parts. The stages alternate and are replaced by one another in a strictly defined sequence. Forming a single system, the stages in question are interdependent and interconnected.

Consider the types of stages in the criminal process.

1. The stage at which the case is initiated.
2. Stage of preliminary investigation and inquiry.
3. Stage of production in the judicial authority of first instance.
4. Stage of cassation and appeal proceedings.
5. The stage responsible for the execution of the judgment.

The system and stages of the criminal process include special proceedings. They are characterized by several factors:

1. A special procedure for a court to make a decision if the citizen agrees with the charge against him.
2. Features of the production of a magistrate court
3. Special factors of production in relation to certain categories of persons.
4. Features of judicial proceedings with the participation of jurors.
5. Special factors of criminal proceedings in respect of persons under the age of majority.
6. Features of the proceedings on the application of measures to a citizen of a medical nature.

Specific features (stages of the criminal process)

Stages in criminal proceedings have a specific feature. This is the final procedural decision. This conclusion is accepted by the court. The final decision is the following documents.

1. The verdict of the court (indictment or acquittal).
2. Decision on the application of measures that are of a medical nature by coercion.
3. The decision to end the criminal case, made in the execution of the sentence.

First stage

Opening a case is the first stage. With her, the criminal process begins. The stages of the criminal process, emerging from one another, cannot be formed, bypassing this stage. At the moment in question, authorized state bodies and relevant officials make a decision. It is the basis for the start of proceedings in the presence of a statement, complaint or confession. At the stage of excitement, the presence or absence of reasons and grounds for the proceedings is established.

The considered stage ends with a decision. It refers to the beginning of a criminal case. Or it’s about refusing this action. If a decision is made to initiate, then the relevant decision is the basis for the transition to further stages of criminal proceedings.

Preliminary investigation

After the first stage, a preliminary investigation stage arises. It is carried out by the body of inquiry or the investigative department. At this stage, the collection and study of the evidence base in the case is carried out to establish the absence or presence of the crime event of the perpetrators. Also, at this stage, the size and nature of the damage caused by the commission of the criminal act and other circumstances that may be of any significance to the case are studied. The second stage is the stage of pre-trial proceedings, therefore, the conclusions and circumstances of the case are preliminary. They are expressed in indictment. The findings in question are a version of the charge brought by the party. And already the court should investigate it. This will be the third judicial stage, which continues the criminal process. The stages of the criminal process, which are pre-trial, at the stage of the preliminary investigation end. They do not flow into the proceedings or the criminal case, that is, they cease without going into the next stage. Except in cases of private prosecution. They do not require a preliminary investigation.

Court proceedings

The judicial stage is responsible for the production of the first instance. She is called the third. She is also responsible for proceedings in a higher court. This body checks the legality, justice and validity of the decision made by the court of first instance. The considered stage also has several stages. The first is responsible for the powers of the judge before the hearing and preparatory actions before the hearing. At this stage, the judge has the right to make one of the decisions.

1. Schedule a hearing.
2. Return the case for the purpose of conducting an additional investigation.
3. Pause production.
4. Stop the case.
5. Direct the case on jurisdiction.

If the court decides to consider the case through a court session, then this instance will decide issues related to the preparation for consideration of the materials. At this stage of the process, the question of the guilt of the accused is not being resolved. The judge finds out the grounds for further consideration of the case. If such grounds are present in the materials presented, then the necessary actions are performed. They are aimed at preparing the case for the hearing.

The second stage of production is the trial. At the stage under consideration, the case is examined on the merits. It addresses the issue, which makes it possible to understand whether the defendant is guilty or not. A decision is also made regarding the application of criminal punishment to the defendant.

The trial will end with a guilty verdict or acquittal, and other decisions may also be made. For example, such a conclusion may be a decision on sending the case for further investigation, on its termination, etc.

Stage of cassation and appeal proceedings

The proceedings in the cassation instance, as in a higher judicial authority, are a separate stage. This is another stage that forms the criminal process. The stages of the criminal process in the cassation instance begin to exist with the initiation of the consideration of the case on the basis of the cassation appeal, as well as protests submitted by authorized persons. The judicial authority of the second instance is in charge of verifying the validity and legality of the decision. A sentence is also determined. The decision of the court of first instance may also be discussed. Based on the results of the consideration of the case by the second instance, the following conclusions are accepted.

1. On leaving the decision unchanged.
2. Cancels the decision.
3. Changes the conclusion adopted in the court of first instance.

Appeal and complaint - the stage of criminal proceedings for appeal, not launched into the course of the court decision, which was announced in the first instance. The court considers cases within the limits of the arguments set out in the appeal.

Execution of a court verdict

Execution of the sentence is the stage of the criminal process, which is responsible for the implementation of the court’s power orders. For example, it is about who to apply them to and what needs to be done. This stage begins after the expiration of the time allotted for appeal in a court of second instance. It also comes into force after consideration of the case by the court of cassation .

Exceptional stage

Consider this concept. The exceptional stage of the criminal process is the production in the supervisory authority, which is considered the next stage. At this stage, a trial is being conducted, which is formed on the basis of the submitted complaint or the subject of appeal in order to eliminate the judicial error made in the previous consideration of the case. During proceedings in a supervisory instance, the lawfulness, fairness and validity of a court decision that has entered into force are checked.

Another exceptional step is the resumption of criminal proceedings in the case due to the clarification of new or newly discovered factors.

So, the article examined the system and stages of the criminal process.