The criminal process: the stages of the criminal process. Concept and stages of criminal proceedings

The implementation of activities by a specially authorized entity, which is regulated 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 resulting from them, as well as by bodies and persons involved in the case, order, form of procedural procedure and the nature of the relationship. The criminal process allows you to identify the events of the crime, identify the perpetrators of its crimes. Also, the necessary measures are taken to punish the perpetrators.

Signs of stages

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

1. Limit tasks that originate from general tasks in criminal proceedings.
2. A certain range of bodies and persons involved in the proceedings.
3. The procedural form or order of activities, determined by the content of immediate tasks of a particular stage. 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 in the case.
5. Final decision or procedural act. They are the final cycle of procedural relations and actions, after which the case is not terminated or suspended. It is carried to the next step.

Stages of criminal process: concept, system

Associated with each other by the principles of legal proceedings and the tasks of the aggregate, the stages form a criminal procedural system. It consists of stages, which are separate parts. Stages alternate and change one another in a strictly defined sequence. Forming a unified system, the stages under consideration are interdependent and interrelated.

Consider the types of stages in the criminal process.

1. The stage on which the case is initiated.
2. The stage of preliminary investigation and inquiry.
3. The stage of production in the judicial organ of first instance.
4. The stage of cassation and appellate proceedings.
5. The stage in charge of the execution of the court verdict.

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

1. A special procedure for the court to decide if the citizen agrees with the charges brought against him.
2. Features of production by the world 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 the case of persons under the age of majority.
6. Features of the proceedings in the case of applying measures to a citizen of a medical nature.

Specific signs (stages of criminal proceedings)

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 (accusatory or acquittal).
2. Decision on the application of measures that are of a medical nature, by coercion.
3. The decision on the termination of the criminal case, carried out in the order of execution of the sentence.

The first stage

The initiation of the case is the first stage. It starts the criminal process. The stages of the criminal process, emerging from one another, can not be formed bypassing this stage. At the moment under consideration, authorized state bodies and relevant officials make a decision. It is the basis for the commencement of the proceedings in the case of an application, complaint or appearance with a confession. At the stage of excitation, the presence or absence of grounds and grounds for proceeding is established.

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

Preliminary investigation

After the first stage, a preliminary investigation phase occurs. It is carried out by the body of inquiry or the investigation department. At this stage, the evidence base for the case is collected and examined to establish the absence or presence of an offense, the perpetrators of its commission. Also at this stage, the size and nature of the damage caused by the commission of a criminal act and other circumstances that may be of any importance to the case are also examined. The second stage is the stage of pre-trial proceedings, therefore the conclusions drawn and the circumstances in the case are preliminary. They are expressed in the indictment. The considered conclusions 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 preliminary investigation are over. They do not flow into production or a criminal case, i.e. they cease, without going into the next stage. Except in cases of private accusation. They do not require a preliminary investigation.

Proceedings in court

The judicial stage is responsible for the production of the first instance. It is called the third. She is also responsible for the proceedings in a higher court. This body verifies the legality, fairness and validity of the decision rendered by the court of first instance. This stage also has several stages. The first is responsible for the powers of the judge before the proceedings and preparatory actions before the meeting. At the considered stage, the judge has the right to take one of the decisions.

1. To appoint a court session.
2. Return the case for the purpose of producing an additional investigation.
3. Suspend production.
4. Stop the business.
5. To send a case on jurisdiction.

If the court takes a decision on the consideration of the case through a court session, then this instance decides questions relating to the preparation for consideration of the materials. At this stage of the process, the question of the guilt of the accused does not resolve. The judge finds out the grounds for further consideration of the case. If such grounds are present in the submitted materials, then the necessary actions are taken. They are aimed at preparing the case for trial.

The second stage of production is the proceedings. At the present stage, the case is examined on the merits. It resolves a question that allows to understand whether the defendant is guilty or not. A decision is also made on the application of the criminal penalty to the defendant.

Proceedings in court end with an accusatory or acquittal, and other decisions may 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 appellate proceedings

The proceedings in the cassation instance, as in a higher judicial body, are a separate stage. This is another stage that forms the criminal process. The stages of criminal proceedings in the cassation instance start with the initiation of a case on the basis of a cassation appeal, as well as protests filed by eligible persons. The judicial body of the second instance examines the validity and legality of the decision. The verdict is also determined. The decision of the first-instance court may be discussed. Following the examination of the case, the second instance takes the following options.

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

Appellate representation and complaint - the stage of criminal proceedings for appeal, not launched in court court decision, which was announced in the first instance. The court reviews the cases within the limits of the arguments set forth in the appeal.

Execution of court verdict

Execution of the sentence - the stage of the criminal process, which is responsible for the implementation of the power orders of the court. For example, we are talking about who to apply them to and what needs to be done. This stage occurs after the expiry of the time limits set aside for appeal in the court of second instance. It also comes into force after consideration of the case in the court of cassation .

Exclusive stage

Consider this concept. The exclusive stage of the criminal process is the production in the supervisory instance, which is considered the next stage. At this stage, proceedings are conducted, which is formed on the basis of the submitted complaint or the subject of the appeal with a view to eliminating the judicial error committed in the previous examination of the case. In the proceedings at the supervisory authority, the legality, fairness and validity of the court's verdict that has been enforced is checked.

Another exceptional stage is the resumption of criminal proceedings in the case on the grounds of clarifying new or newly discovered factors.

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