What is the criminal process? Types of criminal proceedings. The tasks of the criminal process

Any state in the world is one of the forms of organization of society. He has quite a lot of functions that are of great social importance. One of the most important is the protection of society, the state and every citizen of the country from various encroachments that pose a threat to health and life.

How effectively this function will be performed depends directly on the existence of an effective legal system that provides for criminal or administrative responsibility for the atrocities committed.

What is the criminal process

No measures of influence can be applied automatically to criminals. Their implementation is possible only in the process of activity, which allows you to establish all the circumstances of the incident, properly qualify and make a fully justified and lawful law enforcement act. Only state bodies can carry out such activities. It is called criminal procedure. Usually it is also called criminal procedure.

In translation, this concept means "trial of crimes." Proceeding from this, it is possible to define: the criminal process is a legally performed activity of state bodies, which is aimed at ensuring the implementation of the criminal law norm by its application to the criminal person. All measures applied should be prescribed in the Criminal Code.

The tasks of the criminal process

The main tasks that are available to the court are the following:

1. To stand guard over the rights and interests of persons who take part in the proceedings. All participants in the process must know their rights and be able to implement them. This applies to both defendants and defendants. Violations of rights can not be justified by any procedural actions.
2. As soon as possible and more fully reveal the crime. It can be considered disclosed only when all the events and participants in this atrocity are accurately established. The speed of disclosure guarantees the inevitability of punishment, which is intended to exert educational influence not only on criminals, but also on other members of society. Crime can also be considered disclosed after the conviction enters into legal force.
3. Identify the perpetrators of the crime. This should be handled by the bodies that conducted the criminal process. It is they who not only look for criminals, but also establish the guilt of everyone.
4. It is right to use the law so that the offender is punished, and the innocent are not harmed. This is possible only if the criminal case was conducted strictly within the law. If any violations of the use of legal acts are revealed, the case can be returned for further investigation, and the decision on it should be canceled.

Signs of the Criminal Procedure

The criminal process can be called only those activities that are carried out in connection with the committed crime. It is characterized by the following distinctive features:

• The activities are carried out to investigate and resolve criminal cases.
• All actions can be carried out only within the framework of a concrete case.
• The criminal process is an activity that is performed only by authorized bodies or persons.
• All actions are conducted in strict and strict order, which is regulated by law.
• All tasks can be solved only if the legitimate interests and rights of citizens are observed.

Criminal law and criminal procedure are different concepts. The process is the activity of the participating persons, and the law is a set of legal norms that are designed to regulate this activity.

Varieties

The historical development of the Russian criminal jurisdiction begins with the times of Kievan Rus, when the first monument to law, the Russian Pravda, appeared. If we talk about world history, then in different states there were different types of criminal process.

Under the type of process is meant a set of the most significant conditions that characterize the procedure for the proceedings in the case, the degree of protection of individual rights, as well as methods for collecting, verifying and evaluating the information received.

The existence of this or that type of litigation is conditioned by certain prerequisites, for example, economic, political, social, religious and others. The type of process is influenced by the development of the state.

Now in the criminal legislation it is customary to distinguish the following types of criminal proceedings:

1. The indictment. At present, this species is practically not found, if only some of its elements. It was characteristic of slave-owning and feudal states, for example, Ancient Rome, Kievan Rus. At that time there was passive participation of state bodies in the proceedings. The victim himself had to collect evidence and look for accusatory evidence.
2. Search. Appeared a little later and most widely received in the Roman Empire and the Spanish kingdom. In Russia, such a criminal trial was typical before the reforms of Alexander II. Accused almost completely deprived of all rights for his defense, he sometimes did not even know what he was accused of.
3. Controversial. Refers to modern forms of production. In this case both the victims in the criminal process and the accused have equal rights. The fundamental principle of this process is the presumption of innocence.
4. Mixed. Also a modern type of legal proceedings, which is typical for states with a continental legal system. In it one can see the methods of both the adversarial and the search process. Such proceedings prevailed in Russia before the revolution. In legal proceedings, this type is characterized by the prevalence of elements of competition. In modern Russia, this type of legal proceedings has been established.

Stages of criminal proceedings

Any criminal case consists of several stages, which follow one after another and are closely interrelated. They can be characterized by some basic features:

1. Each stage has its own goals and objectives, depending on what kind of production in the criminal process is carried out. The main task is observance of legality and validity of all decisions.
2. At each stage there is a circle of participants and the main organs of legal proceedings, for example, when there is pre-trial proceedings, the prosecutor in the criminal process is vested with his powers, and at the stage of trial in the courtroom he is already called a prosecutor.
3. The order of activity.
4. Terms of all procedural activities.
5. Actions and legal relations.
6. Decisions and documents, for example, drawing up an indictment and transferring it to the prosecutor.

The order of the criminal process has stages that can be divided into two large groups:

1. Normal.
2. Exceptional.

The first group includes the following stages:

• Criminal proceedings.
• Preliminary investigation.
• Preparatory stage before the meeting.
• Court session.
• An appeal, if any, will be filed.
• The entry into force of the sentence.

The exceptional stages include:

• Cassation.
• Supervisory authority.
• Resumption of the case due to new circumstances.

Pre-trial stages

The very first stage is the institution of the case. Acceptance of applications by employees of investigative bodies or verification of a report on a crime. This stage is the shortest, usually its duration is about three days. In some cases, this period may be increased.

As a result, a decision is made to initiate or refuse to initiate criminal proceedings. At this stage, a small number of people take part in the process.

After this, a preliminary investigation begins, which takes place in two forms - a preliminary investigation and an inquiry. The first is usually done when the criminal process Goes on crimes that are dangerous for society.

The inquiry is carried out on fairly simple criminal cases. Preliminary investigation of the duration takes about two months, if the case is complicated, then this period can be increased. At this stage, the victims in the criminal trial tell all the circumstances of the case in full detail, provide information about witnesses who can confirm their information.

As a result of all actions and activities, an indictment is drawn up.

Trial

This stage begins with preparation for the trial. The main task is to prepare for the court session. At this stage, the judge independently or during a preliminary closed hearing examines all the nuances of the criminal case. If he finds that there are grounds, then a court session is appointed. If there are problems of the criminal process, the judge can send the case for further investigation without the appointment of a trial.

At the court session, all parties involved in the process are actively involved. For example, a lawyer has the right to invite witnesses.

The trial is the central part of any criminal process. It is divided into several stages:

1. Preparatory actions.
2. The judicial investigation. Victims in a criminal trial act and tell all about the essence of the crime committed. The accused also have the right to speak and give evidence.
3. The parties' argument. It starts with the fact that the prosecutor in the criminal process is speaking with the prosecution and appeals to the court with a request to make a punishment. After him, the defendant's defense has the floor.
4. The defendant's word. In this part, the accused has the right to say the last word, ask for forgiveness, admit or not to blame.
5. Sentencing. He can be both acquittal and accusatory. In some cases, a court in a criminal trial decides to terminate a criminal case.

The trial can last indefinitely, in some complex cases the process lasts for years.

Judicial Proceedings and Justice

If we talk about the essence of the criminal process, then it must be considered with respect to justice, which is one of the ways to implement the judiciary. This refers to the activities of the court to study and take decisions on legal disputes, which must be strictly within the law.

In Russia, only a court can administer justice. Judicial power is exercised in various forms:

• Constitutional legal proceedings.
• Civic.
• Administrative.
• The criminal.

It turns out that the criminal process is one of the forms of justice. However, it should not be attributed only to the activities of the judiciary. The court is really the main, but not the only, subject who carries out criminal procedural activities.

It can be concluded that justice with the criminal process is correlated as follows:

• If we talk about the tasks and the subject of legal regulation, then justice is much broader than the criminal process.
• When it comes to subjects, justice in this matter is inferior to legal proceedings, since not only the court, but also investigators, investigators, prosecutors and other officials are involved.

Principles of Criminal Procedure

Any criminal procedure activity bases its work on certain principles:

1. Legality. Both the court and the rest of the bodies are required to follow the requirements of the Criminal Code in production. Any violations are not allowed and entail responsibility, which is established by law. When conducting a criminal case, all the rights of persons participating in the process must be observed.
2. Inviolability of the person. Every citizen has the full right to protection from unlawful interference in his private life. This concerns not only illegal intrusion into private property, but also correspondence, telephone conversations. The suspect and the victim have the right to protection, which they can do both independently and with the help of a lawyer. All participants in the process have absolutely equal rights before the law.
3. The principle of publicity. It is not specified directly in the Criminal Code, but it is one of the bases of the trial. Public interest is expressed in creating an environment that shows that any crime must be punished.
4. Respect for the honor and dignity of the individual. The main provisions of this principle are laid down in the Constitution, and therefore must be strictly observed. In the course of the judicial investigation, it is unacceptable to use violent methods to establish the fact of the crime.
5. Protection of human rights and freedoms in criminal proceedings.
6. Only justice can exercise justice . The judicial system is established by the Constitution, the formation of other similar instances is not allowed.
7. Principle of the language of legal proceedings. The trial must be conducted in the native language for the citizens participating in it.
8. Presumption of innocence. While the guilt of a man is not proved in court, he can not be called guilty and applied to him a penalty. And this is not a personal opinion of individuals and bodies that lead the process, but an objective situation from which the main conclusions can be drawn: an innocent person can not be convicted and brought to criminal responsibility; It is not possible to involve any citizen as an accused, everything must be carried out on the basis and in the manner prescribed by law.
9. The principle of independence of the courts, jurors and independent judges. The judicial power is one of the independent types of state power, which exercises subordination only to the Constitution of the Russian Federation. Despite the fact that legislative and executive bodies differ in their activities from the judiciary, they inevitably come into contact with each other. The court can correct the shortcomings of the executive power, exercise constitutional control, monitor the legality and validity of decisions of public authorities.

If all these principles are strictly observed, then one can be sure that the crime will be solved by honest methods, and all those guilty will necessarily bear a fair punishment.

Evidence and the Evidence Process

These two concepts are inextricably interrelated, although they differ in essence. Evidence is any data that is obtained legally. Given them, the investigating authorities determine whether there has been a crime or not. And also determines the degree of guilt of the suspect.

Proving in criminal proceedings is already the activity of state and officials aimed at collecting, verifying and assessing evidence in order to establish all the circumstances that are of great importance for the lawful and fair resolution of the trial.

The process of proof usually consists of several components:

• Nomination of versions.
• Collection of information.
• Verification of evidence.
• Evaluation of evidence.
• Reasonable conclusions.

Proof in the criminal process is carried out practically at all stages of the proceedings. Evidence obtained illegally is not used in court as indisputable facts. They can not be the basis of the charge.

Evidence can be classified according to the qualities and sources of information. If we consider them in relation to the accused, they are:

• Indictments.
• Justified.

Comparing the source of the information received, we can distinguish:

• Initial evidence.
• Derivatives.

In relation to the facts of the crime:

• Straight lines.
• Indirect.

The mechanism for the formation of evidence can be:

• Real.
• The personal.

In judicial practice, judicial expertise in the criminal process is often often appointed. An investigator who conducts a criminal case has the right to appoint an expert examination, but he does not have such a duty. There are a number of cases where the investigator is simply required to appoint a forensic examination:

1. If there is evidence to confirm death or serious bodily harm.
2. Evidence that causes doubts in the sanity of the suspect or the victim.
3. If the case does not contain information about the age of the participant in the process, when these data are important.
4. Examination is mandatory if it is necessary to establish the cause of death.
5. If you want to find out the degree of harm that has been caused to health.

Civil claims in court proceedings

In the criminal process, claims are considered from both civilians and legal entities. A claim for compensation for moral or property damage that was inflicted during the crime may be filed by the prosecutor.

When the plaintiff submits a statement of claim, he is released from payment of state duty. Proving a civil suit is carried out in the course of a criminal case in a lawful manner.

You can file a lawsuit in criminal proceedings at any time from the moment the case is initiated and until the end of the trial. It can be presented both in written and oral form. At any time, the claim can be refused, in this case the application - the refusal - is entered in the record of the trial, and the proceedings are terminated.

For any lawsuit, a decision must be made:

1. When a decision is passed on a conviction, the court, given the evidence of the grounds and the size of the claim, can satisfy it in full or in part.
2. If no measures to secure civil action were taken at the preliminary investigation stage, the court has the right to decide on their adoption before the conviction.

It is worth noting that the forced refusal of the statement of claim is not accepted.

Sources of Criminal Procedure

Any legal proceeding in its activity is based only on the following laws:

1. The Constitution of the Russian Federation.
2. The criminal procedure law.
3. Code of Criminal Procedure of the RSFSR.
4. The federal law "On the detention of accused and suspects".
5. Law "On the Prosecutor's Office of the Russian Federation".
6. FZ "On the status of judges".
7. The Law "On Operational and Search Activities".

Only by relying on laws, it is possible to fairly investigate a criminal case and pass a sentence or acquit an innocent one.