The concept and classification of participants in criminal proceedings. Main participants in criminal proceedings

In any legal relationship there are subjects. Their interaction can be of a different nature. Depending on it, in turn, a specific circle of subjects of certain relations is determined.

Criminal Proceedings

It is a specific activity of the authorized bodies. It is connected with the initiation of cases, the investigation, consideration and resolution of them in court. This activity has a public legal nature. Its implementation is strictly within the law.

Normative base

. The Criminal Procedure Code provides for the principles of criminal justice . On their basis the authorized bodies carry out their activities. They are conditionally divided into 2 categories. , определяющие свободы и права граждан. The first includes the principles of criminal justice , which determine the freedoms and rights of citizens. They include:

1. Presumption of innocence.
2. Ensuring the suspect / accused rights to defense.
3. Inviolability of the person, home, private life.
4. Protection of dignity and honor.

In addition, the legislation contains principles that determine the procedure for judicial proceedings. Among them:

1. Legality in the conduct of business.
2. Administration of justice solely by court.
3. Competitiveness, equality of subjects involved in the proceedings.
4. Freedom of assessment of the evidence submitted.
5. The right to challenge the acts passed.

As can be seen, most of the above provisions concern participants in the proceedings. The legislation defines a range of subjects that can be involved in the case at different stages. Let us consider them in more detail.

Concept and classification of participants in criminal proceedings: general information

Issues related to persons involved in cases always aroused the increased interest of lawyers. In Article 5 of the CCP there is a general definition of them. According to the norm, the participants in the proceedings are the entities that are involved in the direct investigation of the case. Accordingly, their circle can be quite wide. – категории, имеющие большое практическое значение. The concept and classification of participants in criminal justice are categories of great practical importance. Persons involved in cases may include state bodies, physical, official, legal entities, foreigners, subjects without citizenship. The unifying feature of them is the fact that they are all involved in the case to some extent.

Tasks

позволяют выделить ряд функций, которые могут исполнять субъекты, привлекаемые к делам. The concept and classification of participants in criminal proceedings allow us to identify a number of functions that actors involved in cases can perform. In particular, persons can:

1. Implement a certain procedural task.
2. To exercise duties and rights, in accordance with their status.
3. Enter into legal relations with various state bodies and employees involved in the administration of justice.

General division of subjects

. Currently, the legislation clearly defines the concept and classification of participants in criminal proceedings . The basis of the latter is the adversarial procedure of the proceedings in the case. The legislative division of the subjects involved in the review is carried out to the following groups:

1. Court. In criminal proceedings, this body is authorized to review the case.
2. The charge. , его заместителя, дознавателя, следователя, потерпевшего. Norms provide for the participation of the prosecutor in criminal proceedings , his deputy, the investigator, the investigator, the victim. The same group includes civil plaintiff, private prosecutor, their representatives, legal ones as well.
3. Protection. This group, in the first place, includes a lawyer. функции защиты могут выполнять и представители обвиняемого. In criminal proceedings , the representatives of the accused can also perform the functions of protection. In addition, this group includes directly the person brought to account, and the civil defendant.
4. . Auxiliary participants in criminal proceedings . They include a secretary, witnesses, experts, translators, specialists, and so on.

Alternative Separation

Differentiation of subjects can be carried out depending on the specific interests, their purpose and role. On these grounds, the following groups are distinguished:

1. State agencies and employees, on the work and decisions of which will determine the course and outcome of the case. The list of subjects included in this group is considered to be exhaustive. It includes: the bodies of inquiry / investigation, their employees, including leaders, prosecutors and deputies, judges.
2. Subjects possessing personal material and procedural interests. . This category includes the main participants in criminal proceedings . Among them: suspects / accused, victims, private prosecutors, civil defendant and plaintiff. These participants - the parties to criminal proceedings - are involved in virtually all stages of the process. Legislation provides them with ample opportunities to protect their freedoms and rights.
3. Subjects that do not have a personal interest, but act on behalf of the parties to the proceedings. This group includes a defender, representatives of victims, a private prosecutor, a suspect, civil plaintiffs and defendants, suspects, defendants. The same category includes persons acting on behalf of minors, fully or partially incompetent participants in the process.

Representation

The protection of freedoms and rights of various participants in criminal proceedings with personal interest in the process is ensured through the involvement of persons acting on their behalf. Representation acts as a legal institution that provides special opportunities or responsibilities for a certain category of entities. Some of these persons specialize in providing qualified legal assistance. Other representatives are involved in the process on the basis of the provisions of the law.

Kinds

In the criminal law theory, there are two types of representation: contractual and legal. In the first case, the subjects enter into an agreement. Legal representation involves participation in proceedings on the basis of provisions established in regulatory enactments. On behalf of the suspects, accused, convicted, defendants or acquitted in the process advocates. According to articles 45 and 55 of the Code of Criminal Procedure, representatives of a private prosecutor, a victim, civil plaintiffs and defendants may be lawyers. To act in defense of interests of the subjects involved in the process, other persons authorized by the legislation are entitled. In accordance with the decision of the justice of the peace, the representative of the victim, civil plaintiffs / defendants, private prosecutors may be one of the relatives or a person whose application for admission to the said entities solicits.

Protection of interests of certain categories of citizens

Of particular importance in practice is ensuring the protection of freedoms and rights of minors and persons who are not capable of acting independently on a mental or physical level. According to the norms, their representatives are involved to protect their interests (legal ones as well). It should be noted that the provisions of the procedural law prescribe the compulsory participation of these persons in the proceedings in criminal cases related to crimes committed by minors. The corresponding rule establishes Article 48 of the Code of Criminal Procedure. The legal representatives are:

1. Parents.
2. Trustees.
3. Adoptive parents.
4. Guardians.
5. Representatives of institutions in which the minor is.
6. Guardianship and trusteeship bodies.

Persons acting on behalf of civil defendants / plaintiffs, victims, private prosecutors, enjoy the same procedural rights as the entities they represent. The personal participation of the latter does not deprive them of the opportunity to attract citizens to defend their interests in court.

Subjects - sources of evidence

This category includes:

1. Witnesses.
2. Experts.
3. Specialists.

These individuals are outside the categories discussed above. This is due to the fact that the testimony of accused, injured, suspected, convicted, acquitted, private prosecutors and other citizens also act as a means of proof. Of particular importance are the conclusions of experts and experts. They act as confirmation or refutation of the conclusions made during the investigation. Before these subjects, the court raises certain questions. The conclusion of experts / specialists serves as additional evidence, which the investigating authority takes into account when issuing the final decision. As for the witnesses, they can be attracted both by the prosecution and by the defense. For this, the court is given a corresponding petition. All persons involved in the process are warned about responsibility for false testimony, and also about the right not to testify against relatives and themselves.

Promoting bodies and employees

This category of participants in the proceedings is considered the most numerous. It includes, for example:

1. Correctional institutions, their leadership.
2. Forensic medical and psychiatric hospitals, their administration.
3. Understandable, secretary, etc.

Heads of specialized agencies are involved in the process in cases stipulated by law. The court makes a relevant determination about this.