The principles of the criminal process are enshrined in the Constitution and chapter 2 of the CPC. They reflect the basic essence and content of the criminal process as a whole, determine all its stages and institutions, the existing rights and obligations of persons in criminal proceedings. Each principle is based on some general legal idea, which finds its expression in various procedural rules.
All the principles of the criminal process are somehow involved in the conduct of the trial. They are interconnected and interdependent. Violation of one of the principles entails a violation of a number of others. Their observance is guaranteed by the state and provided by state bodies. If these principles are violated by the state authorities conducting the process, they will be required to bear responsibility for the consequences.
The principles of the criminal process include legal provisions guaranteeing the rights and freedoms of citizens, determine the construction of the trial itself, which is the central stage of the process. Find their expression in one or more stages preceding the trial.
The following principles are enshrined in legislation:
- The principle of legality in the criminal process, that is, the accurate and steady application of laws by competent state authorities, compliance by participants in the criminal process with the requirements of normative acts;
- the administration of justice exclusively by the court. Means that a person can be found guilty and subject to criminal punishment only by a court sentence;
- respect for the honor and dignity of man. During the process, actions that in any way degrade honor and diminish human dignity are prohibited;
- inviolability of the person. Unjustified deprivation of liberty of a person is not allowed;
- the inviolability of the home, that is, no one without the consent of the owner can penetrate into it;
- protection of the rights, interests and freedoms of a citizen in criminal proceedings. Each participant in the process must know their rights, in connection with this, state bodies are obliged to explain them and provide the possibility of implementation;
- presumption of innocence. All doubts that arise in the criminal process are interpreted in favor of the suspect. A person is not guilty before a court verdict;
- adversarial parties. Means that in the criminal process the functions (defense, prosecution, permission) are distributed between the parties and cannot be assigned to one body or official ;
- ensuring the suspect (accused person) the right to defense. In the case of initiation of proceedings, the person who committed the crime has the right to protect the interests of a highly qualified specialist;
- language of criminal proceedings. It is conducted only in the state (Russian) or in the language of the republic included in the Russian Federation;
- The principle of publicity in criminal proceedings. If signs of a crime are found, a criminal case must be instituted against the guilty person regardless of the wishes of the victim. Protecting citizens and society from crime is the duty of the state, not the business of the citizens themselves;
- secrets of correspondence, telephone and other negotiations, telegraphic, postal, other messages. Means that it is unacceptable to interfere in personal life in this way. Only when a crime is committed by a court decision, this restriction can be lifted and, as an exception, is permissible in urgent cases;
- the right to appeal procedural decisions. In case of disagreement with the decision made, any citizen may file a complaint with a higher organization or court.
The principles of the criminal process are the basis of the activities of state bodies, they are widely used in practice and are guided by them during the investigation and consideration of criminal cases.