Art. 6 of the Code of Criminal Procedure: the appointment of criminal proceedings

Judicial proceedings in criminal cases are designed to protect the interests and rights of citizens, as well as organizations that have been affected by the criminal acts committed. In addition, any illegally convicted person has the opportunity to be rehabilitated - to recover in his rights.

Definition

Judicial proceedings in criminal cases are activities established by law to investigate, review and resolve committed criminal acts. His main tasks, specified in Art. 6 of the Code of Criminal Procedure, are:

• Protection of the interests of persons affected by the atrocity;
• Protection of individual rights against undue condemnation.

Realization of the main functions of the criminal process is achieved through the initiation of the case and its investigation with further referral to the court to decide whether to convict or release from punishment. The norms of Art. 6 of the Code of Criminal Procedure of the Russian Federation indicate that legal proceedings must protect a citizen from unlawful prosecution, and in case this happens, ensure his full rehabilitation.

Protection

Compliance with the rights and interests of citizens who 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 provides for the possibility of rehabilitation of all persons who have been unlawfully prosecuted by law enforcement agencies or have been unlawfully convicted. At the same time, the state should help restore the violated rights of those citizens who became victims as a result of the illegal actions committed by the perpetrators and suffered material damage. Their protection is manifested in this case in the fact that the perpetrators are brought to criminal responsibility, after which the court imposes a fair punishment, as stipulated in Art. 6 of the Code of Criminal Procedure.

Facilities

For faster resolution of criminal proceedings, the following are used:

• Statutory rules of evidence;
• Coercive measures (obligation to attend, drive).

Protection of the interests of individuals can not be achieved by unjustified restriction of individual rights, according to the CCP RF. Article 6 "Appointment of criminal proceedings" states that its main function is to protect citizens from undue conviction and unjust violation of their freedoms.

Renouncement

The 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 the appointment of malefactors with just punishment, but also the release of those persons who were subjected to unlawful bringing to justice by law enforcement agencies. In addition, the refusal to prosecute innocent citizens may be as follows:

• In the absence of them as defendants;
• In the fact that the case will not be instituted or terminated on rehabilitating grounds;
• In bringing an acquittal by a court.

A comment

This article is devoted mainly to the principles of criminal justice, which are directly related to its appointment. The whole process of the case is to bring to justice the perpetrator, as well as to protect the rights of the victims who were violated by the committed act. Moreover, the main significance of criminal proceedings is that it protects a person from an unlawful charge. In the event that this happened, every citizen has the right to rehabilitation, as stated in Art. 6 of the Code of Criminal Procedure with comments.

Basic

Judicial proceedings are necessary in order to assign a fair punishment for the committed crime to the guilty persons, and also to protect the interests of the affected citizens and organizations, as indicated in art. 6.

The Criminal Procedure Code (CCP RF) also provides for the inadmissibility of any restrictions on the individual's rights and freedoms, thereby protecting a person from unlawful conviction and accusation. In addition, legal proceedings in a criminal case are necessary not only to prescribe punishment to the guilty person, but also to justify a citizen who is not related to the committed act.

Rehabilitation

Innocent persons who have been unlawfully brought to criminal responsibility must be acquitted by the court. After that they have the full right to rehabilitation and restoration in all the rights that were violated due to criminal prosecution by law enforcement agencies.

But, as practice shows, to obtain compensation for moral harm, even through a court - is quite difficult. Because the bodies of preliminary investigation always confirm the fact that they had a sufficiently large amount of evidence to file charges and refer cases for further consideration. In addition, the court for such cases is delayed and compensation for moral damage and material damage caused by unlawful conviction is always paid for a very long time.

Timing

The criminal trial must be conducted by the court in a certain period of time. Circumstances related to the work of the investigative bodies, the prosecutor's office, as well as the consideration of the case by other instances can not be grounds for exceeding the time limits for the resolution of the case. This circumstance specifies paragraph 4 of Art. 6. The Code of Criminal Procedure notes that in the event that the process is delayed, interested persons can file a complaint with the president of the court.

Stages of

In the criminal case, a sufficiently large role is played by collecting evidence that would confirm the guilt of the accused person. Therefore, production is carried out in several stages:

1. Opening of the case.
2. Preliminary investigation, during which there is a questioning of witnesses, victims, suspects.
3. Preparing the case for the proceedings and the process itself.
4. Appeal against the decision by filing an appeal or cassation appeal.
5. Execution of the sentence.

Therefore, the sooner the committed act is solved by the bodies of preliminary investigation, the sooner the guilty person will be punished. Judicial proceedings in criminal cases require good preparation and investigation of all materials and evidence provided. This is required for the innocent not to be wrongfully convicted for what he did not commit. In addition, the court often began to return criminal cases to the prosecutor's office.

This is done to conduct a more detailed investigation of the case. Because the legal procedure is not only to punish the perpetrators, but also to realize the right to protect those citizens who did not commit unlawful acts and need to be justified. In addition, the interests of such persons may be violated because of unlawful prosecution, after which they are subject to rehabilitation.

The protection of the rights of victims is carried out by justice in full, which fully complies with the Constitution. These citizens can appeal against the verdict in higher instances. In addition, at present, there are cases when the case is being examined in connection with the newly discovered circumstances. This is possible only when facts have been established that are important for the disclosure and investigation of the atrocity.