The criminal process is considered a fairly extensive branch of Russian law. This article will talk about the basic principles and functions of the criminal process.
The concept of criminal proceedings
Before you start describing the basic functions of the criminal process, it is worth talking about the criminal branch of law itself. Many experts characterize it as a set of norms and rules governing the activities of individual bodies and officials in conducting a preliminary investigation, in initiating, investigating and forming criminal cases, etc. The criminal process is an essential component of criminal law. It is worth highlighting the following goals of the presented process:
- work to expose the perpetrators;
- full, timely and quick disclosure of criminal acts;
- the correct application of the law so that innocents are not punished.
All the goals presented are realized by solving specific tasks and functions. So, to expose the perpetrators, it is necessary to solve the problem of solving the crime. This problem can be solved by using special functions of the criminal process, which will be discussed later.
The concept of criminal procedure function
What can be called a function? These are individual activities, responsibilities, various kinds of dependent phenomena, and much more. Accordingly, the concept of the function of the criminal process can be expressed in various forms.
In the Soviet legal literature, you can find information that functions can be any kind of criminal process activity: for example, initiating a case, investigation, defense, prosecution, etc. To date, a slightly different classification has been established. The performance of certain functions is soldered by the unity of purpose and decision. The selection of a single function should correspond to a specific task.
Functions in criminal proceedings must strictly comply with the following requirements:
- the presence of an objective nature;
- manifestation of "cross-cutting" patterns;
- a possible level of generalization should not exclude relations on a “part to whole” basis.
All the above rules are methodological requirements for the concept of function in the legal field under consideration.
The value of the function of the prosecution in criminal proceedings
What is the charge? Lawyers interpret this concept as an element of criminal justice, which is mandatory. Justice must be exercised in relation to persons accused of committing criminal acts. Accordingly, the exercise of the functions of the prosecution rests with the public prosecutor or the victim. The public prosecutor in this case is the prosecutor.
Using the prosecution function, it is possible to expose the defendant of unlawful acts. According to N.A. Yakubovich, the prosecution is one of the most important forms of criminal prosecution.
The value of the defense function in criminal proceedings
Defense also constitutes a system of functions of the criminal process. In the area under consideration, defense is the work of identifying circumstances that could justify the accused and, accordingly, eliminate or mitigate his responsibility. To do this, it is necessary to conduct a qualitative investigation, which is the responsibility of individual state bodies.Under the prohibition, according to the law, the transfer of the duties of proving innocence to the accused or suspected person. The defender is also not obliged to search for facts testifying to the innocence of the client. The activity of the defense attorney is rather aimed at providing assistance in legal defense.
As you can already understand, the defense functions lie entirely with the lawyer. Moreover, the lawyer himself is the bearer of this function, and the accused is a source of evidence. The tasks of collecting witnesses, individual evidence, testimonies, etc.
The importance of the function of justice in criminal proceedings
The administration of justice is part of the functions and powers of the court in criminal proceedings. Here the most important principle of the independence of judges applies. They are not related to the conclusions of the participants in the trial, are not endowed with any interests. That is why judges can objectively and efficiently consider all circumstances in a particular case.
All the activities of judges, as well as their outcome, are a function of justice. Judges are obliged to talk about what rule of law a particular criminal act falls under. That is why the function of justice can be described as a complete system of actions regulated by law.
Justice is a very important procedural function. The essence of the criminal process in this case can be expressed as follows:
- The findings of the preliminary investigation authorities are not binding on the courts.
- The purpose of the process in a particular case is to provide an answer to the question about the subject of the process. This goal can be achieved by passing both an acquittal and a guilty verdict.
Some lawyers highlight other functions of the criminal process. Their characteristics will be presented below.
About other functions of the criminal process
The concept and types of functions of criminal proceedings in modern Russia are usually distinguished in a separate classification, which has exactly three elements: prosecution, defense and justice. Nevertheless, some experts identify some other types of functions. That is why the question of whether the doctrine of the criminal process should be modernized still remains relevant.
It is worth noting that the entire movement of the criminal process is caused by a continuous conflict between the parties to the defense and the prosecution. Such a “struggle” of two opposites, sooner or later, should lead to an appropriate resolution of the case. So what other features can be highlighted here? Some experts talk about working with a civil lawsuit, namely, its presentation and justification. Others state the need to consider case investigation as a function.
One way or another, today there are only three elements in the criminal process: prosecution, defense and justice.
The system of principles in criminal proceedings
It is possible to best characterize the criminal branch of Russian law by revealing the basic principles on which this branch is based. According to the conclusions of experts, the principles are any fundamental views, ideas or provisions that are enshrined in legal norms. It is the principles that help determine the content and structure of the stages of criminal proceedings, its branches, forms and institutions.
In fact, the principles are the basis, a kind of foundation for all other legal norms of the criminal branch of law. I must say that all principles are closely interconnected, and therefore a violation of at least one element from the entire system will entail a violation of all other elements. So what are the principles of the criminal process adopted today? There are two classifications: international and national. In many ways they are in contact.However, all the principles that will be indicated below are related more to the Russian Constitution than to international treaties.
About publicity and legality
What does the principle of publicity mean? Why is it needed? We are talking about such an important phenomenon as publicity. Proceedings in the courts, with the exception of rare situations, should be open. Any citizen should be familiar with the procedure for paperwork and its results.
The following principle enshrines the concept of legality. Everything is pretty simple here. The entire criminal process must comply with the provisions of international acts of the Russian Federation, the norms of the Constitution, individual federal laws, resolutions of the President, the Government, etc. Legality is a universal principle that covers absolutely all other principles of the criminal process.
Presumption of innocence and defense
What else constitutes the system of principles of the criminal process? It is worth highlighting a very important condition enshrined in article 49 of the Russian Constitution. It is a presumption of innocence. Three important rules make up this condition:
- the accused is not required to engage in proving his innocence;
- each accused is not considered guilty until a relevant court decision;
- doubts about the guilt of the accused are interpreted only in his favor.
Why do we need the principle of the presumption of innocence? Specialists say that the important task of criminal proceedings is resolved, in which no innocent person should be convicted.
The following principle states that the defendant is protected. I must say that it is interconnected with one of the three functions of the criminal process. This principle states the need to protect the rights of the accused and to seek evidence of lack of guilt.
Other principles
What other conditions make the criminal process work? Here it is worth highlighting, for example, the principle of competition, in accordance with which there is a legitimate "struggle" between the defense and the prosecution. Only through this principle can a correct judicial decision be implemented.
There is another no less important principle. By the way, he is still connected with the confrontation of the two principles. In this case we are talking about unity of command and collegiality. According to this principle, the justice system should include both individual types of work, and group. So, for example, a judge carries out his labor activity alone, and the investigative committee on a collegial basis.
It is also worth highlighting the principles of the inviolability of property, personality, home and secrecy, as well as an independent judicial status and a comprehensive study of the circumstances of a particular case.