Features of the criminal process. Subjects of the criminal process. A special procedure for considering a criminal case in court

In the criminal process, there are certain specific features. After all, only in this legal proceedings there is a suspect, a defender, a victim, a prosecutor, as well as investigative bodies, which are engaged in the disclosure of the committed act. Features of the criminal process are also that the accused can ask the court to consider his case in a special order, or with the participation of jurors. More details about all this will be written in this article.

What you need to know

It must be remembered that the criminal process starts from the moment when a statement or a message about the atrocity is received to the internal affairs bodies. If the information is confirmed, the law enforcers start the case and investigate the crime committed by the person. Sometimes it happens that at this stage it all ends, especially in a situation where the guilt of a person is not confirmed.

The specifics of the criminal process can also be attributed to the fact that after the citizen is charged, he can ask the court to consider the case in a special order, or with the participation of the jury. Thus, the right of the alleged attacker to protect his interests is expressed.

After the case is transferred to the court, the date of the hearing is appointed, then further proceedings are held. A verdict is issued, which can be appealed in a certain period of time. After the court decision comes into force, its execution takes place.

Important

The main source of norms that determine the punishment for committed acts is the Criminal Code. Accordingly, if a person violates the law, and consequently, transgresses its borders, it means that it will already be one of the subjects of the criminal process. Besides him, there are other people here:

• Investigator, investigator, prosecutor's office, court;
• The defender of the alleged attacker and the lawyer of the victim (the latter is hired by the victim himself).

All the subjects of legal proceedings unite only the commission of an illegal act. Therefore, another feature of the criminal process is the absence or presence of an investigative link between the offender and the alleged intruder.

Court review

After the preliminary investigation bodies complete their work on collecting evidence, the case is transferred to the prosecutor's office. Then, all materials together with the indictment are sent to the judicial authority. After that, the further fate of the accused is already in the hands of justice.

In the event that a person confesses his guilt in the deed, he can ask this body of authority to hold a meeting in a special order, that is, without examining evidence, hearing the parties and questioning the witnesses. As a rule, it takes much less time. The peculiarity of the criminal process here is manifested in the fact that a citizen who agrees with the prosecution and admits his guilt will receive a minimum term of imprisonment.

Jury participation

The accused citizen in the commission of a very serious crime has the right to ask about the consideration of the case by non-professional judges. After all, all the alleged criminals are sure that the jury will assign a softer punishment, or they will issue an acquittal (in case the person is not found guilty).

The trial in the criminal trial is conducted with the participation of twelve assessors. Nevertheless, the presiding officer is a professional public servant. So it is necessary under the law.

At the trial in a criminal trial involving juries are also present: the public prosecutor, the victim and the defender of the alleged attacker. After the end of the debate, the assessors are sent to a secret room for a decision. If the verdict is justified, then the person will be released from custody right in the courtroom.

Persons

In this case, we are talking about the subjects of the criminal process, without whose participation it would be impossible to investigate and uncover the atrocities. These include:

• Law enforcement agencies and officials who, within their powers and competence, are engaged in the disclosure and investigation of atrocities (investigators, investigators, prosecutors, courts);
• Suspect - a person who allegedly could commit a crime;
• The accused - he becomes a citizen after the investigator charges him with an official charge;
• The injured person is a person who is harmed and harmed by a committed crime;
• The defender of the person who is allegedly guilty of the deed;
• Translators, witnesses and experts do not belong to the main participants of the process, because they only help in the implementation of the investigation;
• A civil plaintiff is a person who is harmed as a result of a person committing a crime; Has the right to file a claim within the framework of criminal proceedings;
• Legal representatives of the alleged intruder or victim are close people (mother, brother, father, sister), as well as guardians and trustees.

Thus, the subjects of the criminal process are all persons who participate and assist in the investigation of the committed act. But the main function here is assigned to the body of justice, because only he decides whether the person is guilty of what was done or not.

Personal consent

In the event that a person fully recognizes his guilt in the deed, he can ask the court to hold a meeting in a special order. This means that the witnesses will not be summoned to the meeting and the collected evidence will not be examined. Nevertheless, a special procedure for considering a criminal case in court is possible only if:

• Received the consent of the alleged attacker, the victim and the prosecutor for sentencing without conducting the entire trial;
• If the sentence for an offense is not more than ten years in isolation from society;
• The accused has a clear understanding of all the consequences of such a decision;
• There is some evidence that a person has actually committed a crime and is guilty of this;
• There is no basis for closing the proceedings.

Such a simplified procedure of the court session saves time for the staff of the court apparatus, which is necessary for the study of other, more important and complex cases, as well as reduce the state's expenses. In addition, the accused in this case will receive the least time for what he has done. Nevertheless, a special procedure for considering a criminal case in court can not be applied if the presiding judge has any doubts about the person's guilt.

Protection

An advocate in a criminal trial has a special role. After all, a well-developed tactic of defense of the defendant allows a professional lawyer not only to reduce the term of his punishment, but also completely free the client from imprisonment. Therefore, the choice of a lawyer must be approached with all responsibility. Do not trust your life as a public defender, because he is not at all interested in the defendant being acquitted and released from punishment. It is best to hire a lawyer yourself, after consulting with those people who have already asked for help. In the event that the opinions of the client and the defender diverge, then it is necessary to abandon his services. After all, participation in a criminal trial of a lawyer who is not sure of the innocence of his client is a certain guarantee of the court's passing of an accusatory procedural act.

Sentence

Almost every criminal trial ends with the court issuing a procedural act against the alleged attacker. The sentence may be acquittal or indictable. It depends on how the court decides. Nevertheless, to appeal the procedural act, the parties have a certain period of time. Usually it is ten days.

The sentence in the criminal process is immediately enforceable after it enters into legal force. If the convict was in the remand center during the investigation, then this period should be credited to him on time.

After the entry into force of an acquittal procedure, a person has the right to full rehabilitation.

Instances in criminal proceedings

Sometimes it happens that the convict and his lawyer try to appeal the unfair verdict to a higher court. Thus, the procedural act can pass several instances. In the event that the district or regional court left the complaint without satisfaction, then the sentence takes effect immediately. Then the procedural act can be appealed only by filing a supervisory complaint. After all, just so many people who were convicted illegally sought their full justification and subsequent rehabilitation. But in practice this is very rare now.

Nevertheless, in the criminal process, cases are sometimes reconsidered, if new circumstances arise in them. After all, everything happens in life. Therefore, bringing the case to court and passing sentence does not mean the complete end of the proceedings. Moreover, if the convict does not consider himself guilty and wants to achieve full rehabilitation.