Law, Criminal law
Rights of the accused. The accused is ...
The accused is the person against whom the prosecution is being conducted. It begins with the formal formulation and documenting of this status.
Accused: CCP
As stated above, the registration of such status is carried out by the document. As it may be a decree or an appropriate act. Until such a document is drawn up, a person can act as a suspect. The accused is involved in the process in accordance with the procedure established by law. Change of status of a person is established in part 2 of Art. 47 of the Code. When the case is directly tried in a court session, the defendant becomes the defendant. A citizen, against whom an acquittal is pronounced, is called justified. The person in whose case the accusatory judicial act is approved is called a convicted person.
The decision (certificate) on attraction
Any of these acts acts as the basis on which criminal prosecution begins against a citizen. The resolution (act) should contain a description of the act. In particular, the method, time, place, motives and other circumstances are indicated. At the same time, specific articles of the Criminal Code are cited, according to which the citizen passes as a defendant. This is the general procedure by which a citizen is involved in preliminary activities. The presence of two forms of the document is conditioned by the options for carrying out the investigation. If it is carried out in the form of preliminary investigation, a decision is drawn up. If an inquiry is conducted, an indictment is formulated. The decision is made by the investigator, the act is the investigator.
Rights of the accused
The subject involved in the preliminary investigation has a number of opportunities provided by legislation. They are in many respects similar to those that the suspect has. However, the latter has much less capacity. This is due to the fact that the accused is a person who participates in the process for a longer time, including direct examination of the case by the authorized body. If a citizen does not know enough or does not know the language in which the production is going on, he is provided with an interpreter free of charge. The rights of the accused are fixed in art. 47, part 4. The subject may:
- Know what exactly he is accused of;
- Receive a copy of the resolution (act) on bringing him to the preliminary investigation, on the application of the preventive measure;
- To express objections to the charges, to testify or to refuse to give them up (in case of his consent, the authorized official is obliged to warn that everything he says can later turn against him, this rule is valid even if the citizen refuses his testimony, Except for the case established in Article 75, part 2, paragraph 1).
- Provide evidence.
- Participate in investigative measures with the permission of an authorized employee (investigator), carried out at his request or the application of his lawyer (a representative under the law), to get acquainted with the protocols drawn up about these actions, to comment on them;
- Copy materials of production at one's own expense, including by means of technical means;
- To send complaints about inaction / actions of the prosecutor, inquirer, court, investigator, participate in their consideration;
- Object to the termination of proceedings on the grounds set forth in Art. 27, part 2 of the Code;
- To get acquainted with all materials after the completion of preliminary activities, write out any information from them in any amount;
- Have a meeting with a lawyer in private and in private, including before the first interrogation is conducted, without any restrictions on duration and quantity;
- Give evidence and explanations in the language that he owns (or at home);
- To use the help of the defender, free of charge including, in the cases established by the legislation.
Consideration of materials in the meeting
Accused in court can:
- To get acquainted with the decision appointing the examination, raise questions and get acquainted with the conclusion.
- Participate in the proceedings in the court of the first, second, supervisory instances, considering the choice of preventive measures and in other cases established in Art. 29, parts 1-3 and 10.
- Get acquainted with the minutes of the meeting and provide comments on it.
- Appeal the ruling, ruling, verdict, receive copies of the impugned decisions.
- To protect by means and means not prohibited in the Code.
Accused of the commission of a crime can also take part in the resolution of issues related to the enforcement of the sentence.
Procedural order
In the current legislation, the accused in the criminal case is brought under general rules, uniform for all cases. This procedure allows the establishment of subjects in a short time, apply fair punishment for each person involved, exclude the prosecution of innocent people. The procedural procedure presupposes two independent actions:
- The issuance by an authorized official of a reasoned decision, according to which a citizen is involved as accused in a crime.
- Acquaintance with the contents of the act and interrogation.
The meaning of the decree (act)
This document plays an important procedural role. The decision determines a specific person who is exposed in an act. From this point on, a new participant enters the process - the accused. This indicates the progress of the process. Consideration of materials in the first instance is carried out exclusively with respect to the person involved. At the same time, they study the limits of those circumstances, which were announced at the stage of preliminary proceedings and for which it was transferred to the authorized body.
An Important Moment
In the process of deciding whether to approve the decision (act), the investigator / investigator should carefully analyze and understand the evidence. Having assessed them objectively and comprehensively, it is necessary for it to be convinced that the facts which form the basis for bringing to responsibility are really established. The decision he makes must be strictly legal, justified, and the only true one.
Requirements for the document
They are installed in Art. 144 CCP. Questions concerning the form and content of the resolution (act) have been repeatedly covered in legal publications, as well as in investigative practice. At the same time, it is stressed everywhere that it is compulsory to comply with all the requirements of the legislation when it is passed. According to the current regulations, the resolution (act) must meet the requirements:
- Legitimacy.
- Reasonableness.
- Objectivity of the presentation of data.
- Motivation.
- Individualization.
- Legal clarity of formulations.
Legitimacy
In accordance with this requirement, the document is issued only by the authorized body / official and within its competence. The resolution (act) includes statutory mandatory requisites. The document should contain the legal qualification of the act, on which the accused is being brought. This decree (act), therefore, must comply with the law and in form, and by name, and by content. Failure to comply with the requirements in the investigation is regarded as a violation of industry standards. In a number of cases, in recognition of their materiality, materials can be returned for additional investigation.
Reasonableness
It is inextricably linked with the principle of legality. The decision (act) is considered justified if the information that it contains is consistent with the objective data collected during the preliminary activities, rather than on assumptions and guesswork. The latter can only matter in the direction of the investigative actions, to designate any version subject to mandatory verification. In the law there is no direct indication of the need to give evidence in the document that justifies the position of the investigator / investigator. Nevertheless, it is necessary to state sufficiently the known factual circumstances, as they are established by the materials, and also qualify the deed.
Motivation
This principle requires that the formulated charge be based on specific circumstances. They confirm the existence of an illegal act and its qualifications. According to actual circumstances, the investigation concludes that the collected evidence is sufficient to attract a citizen as a defendant. The narrative details the circumstances for each episode, if there are several. Data should be specified objectively, without any bias. The content of the description must be consistent with the disposition of the incriminated norm. In the operative part, the specific articles, parts, paragraphs of the Criminal Code, on which the qualification of the act of a person is carried out, are mandatory.
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