Concept and purpose of criminal proceedings

The criminal process should be understood as the 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 those responsible.

Structure of legal proceedings

The activity established by legislation reflects 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 protects the legitimate rights and interests of organizations and citizens who have suffered from unlawful 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 material on the merits and makes 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.

An Important Moment

The concept and purpose of criminal proceedings exclude the prosecution of innocent persons. In this connection, all authorized entities must take appropriate measures in the course of their duties. If the fault of a particular person is not proven in the commission of an unlawful act, 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 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.

Specific functions

This definition presupposes belonging exclusively 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 committed a crime must be commensurate with the gravity of the act and other conditions stipulated in the law. The above list is not considered exhaustive. Some authors also include an initial verification 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 criminal proceedings is 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 is a goal that must be achieved through the commission 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 the unjustified prosecution of the innocent. In this sense, the social purpose of criminal proceedings is manifested. Protection of the person against an unreasonable and unlawful charge equally concerns both the victims and the suspects.

Ensuring the safety of the interests of the victims includes the restoration of the violated right, compensation for harm of a material, moral or physical nature, the application of punishment to the guilty persons. Protection of the person from unjustified and unlawful prosecution, restriction of freedom, conviction means that only those who have committed unlawful actions must suffer the deprivation established by law. To do this, it is necessary to completely prove the guilt of the suspect.

The fact of a crime

According to Art. 6 p. 2 of the CCP as the purpose of legal proceedings is the prosecution and subsequent fair punishment of the persons responsible for the crime, as well as the release from prosecution, the restoration of rights and the rehabilitation of everyone who has been subjected to unfounded accusation and harassment. To achieve it, it is necessary to identify the perpetrators of the wrongful act of persons. Appointment of criminal proceedings, therefore, consists in establishing directly the very fact of the crime, the person's involvement in it. In other words, authorized entities are required 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. In the course of this stage, the same issues are actually resolved, which dealt with the preliminary investigation process.

The examination of the case in the first instance concludes with the issuance of a ruling (decree) on the cessation of further proceedings or prosecution or the issuance of 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 Court of 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 in the recognition of 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 characteristics. 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, specificity is also revealed in the special order of criminal proceedings. For the resumption of consideration, the adopted definition, verdict or resolution, which came into effect, is canceled.

Finally

According to the above, a fairly clear conclusion is drawn up, reflecting the purpose of criminal proceedings. This activity, therefore, is aimed mainly at ensuring the security of 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 lawful means. The suspect himself is not obliged to seek and present evidence of his innocence.