Concept and purpose of criminal proceedings
The criminal process should be understoodthe activities of authorized entities, regulated by the CCP. It is aimed at determining the event of a crime, identifying the perpetrators. This is its main purpose. The tasks of criminal proceedings include also the adoption of measures provided for in legislation to punish the perpetrators.
Structure of legal proceedings
Legislative activityreflects the concept, nature and purpose of criminal proceedings. The provisions that regulate it are contained in the Criminal Procedure Code. Appointment of the criminal procedure of the Russian Federation is reflected in art. 6 of the Criminal Code. According to the norms, this activity provides protection of legitimate rights and interests of organizations and citizens who suffered from illegal actions. This means that by performing certain actions established in the law, the prosecutor, the investigator, the investigator take measures to disclose the crime, identify the persons who are guilty of them, and prove their involvement in the act. After this, the case with the indictment or act is sent to the court. This body, in turn, also ensuring the protection of the legitimate rights and interests of organizations and rights, examines the materials on the merits and takes a decision in the form of an order, determination or sentence. The list of procedural actions is given in section 8 of the Criminal Code.
Concept and purpose of criminal proceedingsexclude the prosecution of innocent persons. In this regard, all authorized entities should take appropriate measures in the course of their duties. If the fault of a specific person in committing an unlawful act is not proven, employees conducting a preliminary investigation, reviewing the material on the merits, or prosecutors' supervision shall decide to terminate the proceedings against him or pass an acquittal.
The nature and purpose of criminal proceedings
Taking into account the above, it follows thatIt should be noted that the procedural activity is not only aimed at exposing persons responsible for crime and bringing them to punishment. This is the 1 purpose of criminal proceedings. However, along with this, measures should be taken to prevent the punishment of an innocent person. Thus, criminal justice has the function of establishing justice and order in society.
This definition implies membershipexclusively to a specific branch of law. The concept and purpose of criminal proceedings are manifested in its specific functions. In particular, they include:
- Preliminary investigation.
- Initiation of the case.
- Consideration of materials in the authorized institution and punishment of the perpetrators.
- Elimination of accountability and enforcement of coercive measures against innocent subjects.
The punishment of persons who have committed a crime,should be commensurate with the gravity of the act and other conditions provided for in the law. The above list is not considered exhaustive. Some authors also include in it an initial check of messages and statements about crimes that are being prepared or have already been committed.
The legal aspect
As was said above, the purpose of the criminallegal proceedings established in Art. 6 of the Code of Criminal Procedure. The code excludes the functions of this activity. Here it is worth noting that only the CCP does not list the tasks of judicial proceedings. Meanwhile, in the Arbitration, Civil Codes, and also in the Code of Administrative Offenses, they are set out in accordance with the branch of law.
The purpose of criminal proceedings isthe goal that must be achieved through the performance of certain actions. According to Art. 6 p. 1 of the Code of Criminal Procedure, the main directions of this institution are the provision of protection of the rights and interests of organizations and citizens affected by unlawful actions and preventing unreasonable bringing of innocent persons to justice. In this sense, the social purpose of criminal proceedings is manifested. Protecting the person against an unjustified and unlawful charge equally applies to both the victims and the suspects.
Ensuring the safety of victims' interestsincludes the restoration of the violated right, compensation for harm of a material, moral or physical nature, the application of punishment to the guilty persons. Protecting the person from unreasonable and unlawful prosecution, restriction of freedom, conviction means that only those who have committed unlawful acts must suffer the deprivation established by law. To do this, it is necessary to fully prove the guilt of the suspect.
The fact of a crime
According to Art. 6 hours2 of the Code of Criminal Procedure as a goal of legal proceedings is the prosecution and subsequent fair punishment of those responsible for the crime of subjects, as well as exemption from prosecution, restoration of rights and rehabilitation of anyone who was subjected to unfounded accusation and prosecution. To achieve it, it is necessary to identify those who are really guilty of wrongful acts of persons. The purpose of criminal proceedings, therefore, is to establish directly the very fact of the crime, the person's involvement in it. In other words, authorized entities are obliged to find out the truth by what happened. Only in this case can the protection of the victims be ensured and the possibility of bringing the innocent to justice is excluded.
Activities of authorized bodies
Judicial proceedings include several stages. Consideration of materials in the first instance is handled by one official or a panel or jury. During this stage, in fact, the same issues are resolved that dealt with the preliminary investigation process.
The trial in the first instance endsby issuing a ruling (order) on the termination of further proceedings or prosecution, or by issuing an acquittal or conviction. These acts may be appealed. Challenging decisions is carried out in the court of the second instance - the Appeal Court or the Cassation. At this stage, the legality, legality and fairness of the adopted acts are checked. Execution of the sentence is considered the final stage of the proceedings. In accordance with the adopted act, when confessing guilt, a person fulfills the obligations prescribed to him by the authorized body. In case of justification, the subject gets freedom.
Resumption of consideration
The case can be sent back to production. The law allows this stage in certain cases. In particular, new circumstances may appear on the materials. This stage has its own peculiarities. It differs from supervisory production not only by grounds. In the event of a review of the adopted act, the process is not renewed. In addition, specifics are also found in the special procedure for criminal proceedings. For the resumption of consideration, the adopted definition, the verdict or resolution that entered into force, is canceled.
According to the above, thea sufficiently clear conclusion reflecting the purpose of criminal proceedings. This activity, therefore, is aimed mainly at ensuring the safety of the interests, freedoms and rights of persons affected and accused. The law establishes sufficiently strict conditions for the application of punishments and prosecution. Civil and personal interests are protected by the Constitution. In accordance with its provisions, no one can deprive anyone of freedom in the absence of proof of guilt. Along with this, the Criminal Code provides for the principle of presumption of innocence. If authorized persons have suspicions about someone, then they must prove their reality by legal means. The suspect himself is not obliged to seek and present evidence of his innocence.