The criminal process should be understood as the activities of authorized entities, streamlined by the CPC. It is aimed at determining the event of a crime, identifying the persons who committed it. This is its main purpose. The objectives of criminal proceedings also include the adoption of measures prescribed by law to punish perpetrators.
The structure of procedural actions
The activity established by law reflects the concept, nature and purpose of criminal proceedings. The provisions that govern it are contained in the CPC. The purpose of the criminal proceedings of the Russian Federation is reflected in Art. 6 of the Criminal Code. According to the norms, this activity protects the legitimate rights and interests of organizations and citizens who are victims of illegal actions. This means that, in carrying out certain actions established by law, the prosecutor, the inquirer, the investigator take measures to solve the crime, identify the persons who are guilty of them, prove their involvement in the act. After that, the case with the indictment or act is sent to the court. This body, in turn, also protecting the legitimate rights and interests of organizations and rights, examines the merits and makes a decision in the form of a decision, determination or sentence. The list of procedural actions is given in section 8 of the Criminal Code.
Important point
The concept and purpose of criminal proceedings preclude the prosecution of innocent persons. In this regard, all authorized entities in the course of the performance of duties must take appropriate measures. If the guilt of a specific person in the commission of an unlawful act is not proved, the employees conducting the preliminary investigation, examining the substantive materials, or the prosecutor's supervision decide to terminate the proceedings against him or pass an acquittal.
The essence and purpose of criminal proceedings
Taking into account the above, it should be noted that the procedural activity is not only aimed at exposing the persons responsible for the crime and bringing them to punishment. This is the first assignment of criminal proceedings. However, measures must be taken to prevent the punishment of an innocent person. Thus, criminal proceedings have as their purpose the ability to establish justice and order in society.
Specific functions
This definition implies belonging exclusively to a specific branch of law. The concept and purpose of criminal proceedings are manifested in its specific functions. These include, in particular:
- Preliminary investigation.
- Case initiation.
- Consideration of materials in an authorized instance and punishment of those responsible.
- Exclusion of prosecution and coercive measures against innocent entities.
The punishment of persons who have committed a crime must be proportionate to the gravity of the act and other conditions provided for in the law. The above list is not considered exhaustive. Some authors also include an initial review of reports and allegations of impending or already committed crimes.
Legal aspect
As mentioned above, the purpose of criminal proceedings is established in Art. 6 Code of Criminal Procedure. The functions of this activity are excluded from the code. It is worth noting here that only in the Code of Criminal Procedure the tasks of legal proceedings are not given. Meanwhile, in the Arbitration, Civil Codes, as well as in the Code of Administrative Offenses, they are set out in accordance with the branch of law.
The purpose of criminal proceedings is the goal that must be achieved through certain actions. According to Art. 6 part 1 of the CPC, the main directions of this institute are to ensure the protection of the rights and interests of organizations and citizens affected by unlawful actions, and the prevention of unjustified prosecution of innocents. In this sense, the social purpose of criminal proceedings is manifested. The protection of the individual from unreasonable and unlawful charges equally applies to both victims and suspects.
Ensuring the preservation of the interests of victims includes the restoration of a violated right, compensation for damage of a material, moral or physical nature, and the application of punishment to perpetrators. Protecting a person from unreasonable and unlawful prosecution, restriction of liberty, and conviction means that only those who have committed unlawful acts should undergo deprivation established by law. To do this, you must fully prove the guilt of the suspect.
Crime fact
According to Art. 6 part 2 of the CPC, the aim of the proceedings is the criminal prosecution and subsequent fair punishment of the entities responsible for the crime, as well as release from prosecution, restoration of rights and rehabilitation of everyone who has been subjected to unjustified charges and prosecutions. To achieve it, it is necessary to identify those who are truly guilty of the wrongful act. The purpose of criminal proceedings, therefore, is to establish directly the fact of the crime, the person's involvement 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 the innocent to justice be excluded.
Activities of authorized bodies
Legal proceedings include several stages. Consideration of materials in the first instance is carried out by one official or board or jury. During this stage, the same issues that were dealt with during the preliminary investigation are actually resolved.
The trial in the first instance ends with the issuance of a ruling (decision) on the termination of further proceedings or prosecutions or the issuance of an acquittal or conviction. These acts may be appealed. Challenging decisions is carried out in the court of second instance - Appeal or Cassation. At this stage, the legality, legality and justice of the adopted acts is checked. The execution of the sentence is considered the final stage of the proceedings. In accordance with the act, in recognition of guilt, a person fulfills the obligations prescribed by an authorized body. In the case of justification, the subject receives freedom.
Resume Review
The case can be sent back to production. The law allows this stage in certain cases. In particular, materials may reveal new circumstances. This stage has its own characteristics. It differs from supervisory review not only in terms of reason. In case of revision of the adopted act, the process does not resume. In addition, the specifics are revealed in a special criminal procedure. To resume consideration, a decision, sentence or decision that has entered into force is canceled.
Finally
According to the above, a fairly clear conclusion is formed, reflecting the purpose of criminal proceedings. This activity, therefore, is mainly aimed at ensuring the preservation of the interests, freedoms and rights of persons affected and accused. The law establishes rather strict conditions for the application of punishments and prosecutions. Civil and personal interests are protected by the Constitution. In accordance with its provisions, no one can deprive anyone of their freedom with unproven guilt. At the same time, the Criminal Code provides for the principle of the presumption of innocence. If authorized persons have suspicions about someone, then they must prove their reality by legal means. The suspect himself is not obligated to search and present evidence of his innocence.