Курсовая теория на тему what is the basic procedure in a criminal case

Содержание:

Introduction 3
‒ to consider the essence of «criminal process»; 3
Chapter 1. The concept, nature, objectives and importance of the criminal process 4
1.1. The essence of «criminal process» 4
1.2. Function and tasks of the criminal process 8
Chapter 2. Justice in criminal proceedings 13
2.1. Significant of the criminal process stages 13
2.2. Justice as a fundamental procedure in a criminal case 17
Conclusion 23
Glossary 24
Literature 26

Введение:

As it is known, criminal case is a case initiated in accordance with the law in the case of detection of evidence of a crime. The criminal case is considered and resolved by the court based on the materials of the inquiry and preliminary inves-tigation.
Justice is an activity carried out by independent courts in a legislatively due procedural form to properly consider and resolve criminal, civil and other cases and to apply, on the basis of the law, state coercion of offenders or justification of innocent people in order to strengthen law and order, prevent offenses, protect them from unlawful encroachments of the constitutional order, the rights and in-terests of citizens, organizations, society and the state. The tasks of improving the quality and accessibility of justice, the legality of court decisions remain rele-vant today. Changes occurring in the political and legal sphere of modern Russia necessitate a rethinking of a number of issues.
The study of criminal procedures in Russia and abroad was implemented by such researchers as V.M. Fokin, O.E. Leist, L.V. Lobanova, O.V. Kachalova, M.N. Marchenko, A.A. Melnikov, N.V. Muravev, S.A. Muromtsev, V.S. Nersesyants, O.I. Rabtsevich, V.M. Semenov, M.S. Strogovich and etc.
The subject of the study is a criminal case. The aim is to consider the basic procedure in a criminal case. In accordance with this aim the following tasks are set in the study:
‒ to consider the essence of «criminal process»;
‒ to consider function and tasks of the criminal process;
‒ to investigate significant of the criminal process stages;
‒ to investigate justice as a fundamental procedure in a criminal case.

Заключение:

Thus, criminal procedural legislation provides for the possibility of judicial decisions on numerous issues arising in the course of criminal proceedings. Judi-cial decisions include a sentence, a ruling, a court ruling, and a private ruling (rul-ing). Judicial decisions can be made in the form of a separate procedural act, or reflected in the minutes of the court session. Criminal case is a system of proceed-ings carried out by both state organs and all persons involved in a case. This ac-tivity is not a sum of disparate actions, but a unified system of actions, which is based on the unity of the tasks and principles of the criminal process. It has, however, certain directions, criminal procedural functions related to the special purpose and role in the criminal proceedings of each of its participants.
Under the criminal procedural functions are commonly understood as the main activities carried out in the framework of criminal proceedings. Four main procedural functions are distinguished: investigation of a crime; crime charge; protection against criminal charges; administration of justice (consideration and resolution of the case).
Thus, exactly in the area of justice administration such important legal principles should be consistently implemented as the possibility of going to court for judicial protection, the presumption of the presumption of innocence, the right of the accused to protection, the integrity of the person and the personal life of citizens. For centuries, the idea of the court as a repressive body, called upon to impose sanctions and punishment, was fixed in the minds of the people. Mod-ern justice is a very complex multifaceted phenomenon that requires a scientifi-cally based and comprehensive analysis of a number of issues. As the justice is the daily activity of the courts for the consideration and fair resolution of various categories of cases, the foundation of which is the legal law according to which this activity should be carried out, it is possible to conclude that it is the basic procedure in a criminal case.

Фрагмент текста работы:

The legal basis for countering crime is a set of criminal, criminal procedure and criminal executive law rules that implement their protective principles in the conduct of the state’s criminal law policy. The implementation of these protective tasks is impossible without the application of criminal procedure. This circum-stance determines the place of criminal procedural law in the legal system.
The concept of «criminal process» is used in four meanings:
1) a kind of activity;
2) a set of a certain kind of norms;
3) legal science, with a specific subject of study;
4) academic discipline.
The criminal process as a complex legal and social phenomenon is an activ-ity of the inquiry organs, preliminary investigation, prosecutor’s office and court (judge), based on the norms of criminal procedural law, aimed at establishing the crime event, its perpetrators, and punishing them based on the norms criminal law.
A democratic state of law is called upon to ensure protection from crimes of the rights and freedoms of an individual, life, health, honor and dignity, other benefits of citizens, society as a whole, and the constitutional order of the state. This is served, in particular, by criminal law, which establishes the range of acts prohibited under the threat of criminal punishment, and the types of such pun-ishments. Thus, it contributes to the prevention of crime. But if a crime has been committed, then it is necessary to disclose it, identify the person who committed it, and at the same time prevent an erroneous accusation, especially a conviction of an innocent person. The guilty person must be justly punished.
To prevent crimes, to prosecute and punish those guilty in the state, there is a criminal justice system. Its top is formed by the court, designed to administer justice in criminal cases. The activity of the court is preceded by the investigation of crimes conducted by the inquiry organs and preliminary investigation under the supervision, and sometimes with the participation of prosecutors.
The activities of criminal justice are connected with the application of crim-inal punishment that affects the fundamental rights and freedoms of a person as much as possible, as well as with the use of measures of state coercion (detention, search, etc.), which is necessary for successful disclosure of crimes and ensuring the responsibility of the perpetrators. Therefore, it is strictly and in detail regu-lated by procedural rules that create guarantees of fair justice and guarantees of individual rights. These norms, by virtue of their importance, are established only by the legislature.
Regulated by the law criminal procedure takes the form of legal relations that develop between the court, the prosecutor, the investigator, the inquiry or-gans, as well as citizens and legal entities.
Thus, the criminal process is the activity of the organs of inquiry, prelimi-nary investigation, the prosecutor’s office and the court (judge) provided for by law relations with the participation of organizations, officials and citizens, the content of which is the initiation, investigation, consideration and resolution of criminal cases by the courts, and the execution of the sentence.
Criminal procedure law is a branch of law, which is a system of socially de-termined legal norms regulating the order of the court, preliminary investigation bodies and prosecutors in criminal proceedings, rights and obligations of citizens and organizations involved in a criminal case, and the resulting legal relation-ship.
This definition is of a regulatory nature. A broader understanding of the law in one or another of its branches may also include other elements related to the concept of “law in action” that sociology of law explores. An important spe-cific feature of criminal procedural law is that its regulatory source is only the law — an act of the highest legislative body. This is explained by the fact that the criminal process affects the fundamental rights and freedoms of the individual, and the good name depends on the outcome of the criminal proceedings, often freedom, and in exceptional cases the life of the person.