Regrettably, human history is full of violence. People at all times committed acts that have a terrible name - crime. At the same time, to ensure a balance of power, there were always specially trained persons who uncovered crimes, searched for the people who committed them, and punished these people. In the aggregate, all the actions presented acquired the character of a single criminal process. Of course, modern scholars are able to give a legally sound interpretation of this concept, but at the time of its inception, the criminal process had absolutely no established patterns. Over the course of history, its principles, methods, subjective composition changed. Certain types of process were even formed (search, competitive, mixed). But we will try to understand not the type and historical development of the criminal process as a separate social and legal phenomenon, but consider the main stages of the criminal process and the legal basis, taking into account the entire array of procedural legislation of the Russian Federation.
Criminal procedure law as a legal framework for criminal proceedings
The stages of the criminal process cannot be considered outside the procedural law, because this is at least incorrect. From the very essence of the concept of “criminal procedure law” it follows that this is a branch of national law, with the help of which all the activities of specially authorized bodies (courts, prosecutors, investigations, inquiries, etc.) are regulated.
It aims at investigating criminal offenses and holding accountable those who committed them. It follows that the stages of the criminal process is an ordered algorithm for the performance of certain functions by different bodies within the legal norms of criminal procedure law. It should also be noted that the presented branch of national law is based on the norms of the Constitution of the Russian Federation, and the Code of Criminal Procedure of the Russian Federation is the main regulatory act. In no case can you identify the material branch of criminal law with the procedural one. For criminal law, only the fact of the commission of the crime is important in order to qualify the gravity and indicate what sanctions are required for punishment. Criminal procedure law carries out the prosecution of a person.
Rules of Procedure and Legal Relations
Absolutely all stages of the criminal process are regulated by special legal norms. The type of procedural rules is imperative, since we are dealing with the public branch of law, which is created to combat and prevent criminal offenses. However, these legal provisions do not apply in everyday life. They are valid only during the implementation of procedural activities, in other words, during the occurrence of legal relations between the court and other participants in the criminal process. Thus, the norms of criminal procedure law cannot exist outside the process. What is their main difference from the norms of the material branches of law?
The concept of stages in criminal proceedings
The stages of the criminal process are separate, separate structural parts of the criminal process as a whole, each of which exists to achieve a specific task.Absolutely all criminal proceedings formed in modern Russia are based on interconnected elements. The concept of the stages of the criminal process says that these are separately formed, independent parts of the subjective activity of the participants in the process (judge, investigator, prosecutor). At the time of the implementation of this activity, subjects perform certain procedural actions. Each stage ends with the adoption of a procedural decision by one of the subjects. Given the entire array of features, we can distinguish the signs of criminal procedure stages:
- tasks are specified at each stage;
- in all stages, different procedural actions;
- all stages end with the act of the subject of procedural law.
Nevertheless, even taking into account the isolation and independence of each procedural stage, they all exist in one inextricable relationship with each other.
The list of stages of the criminal process
In criminal procedure law, two main stages of the criminal process are distinguished: pre-trial and judicial proceedings. Each of these two parts also includes certain stages.
Pre-trial stages of the criminal process:
- Initiation of a criminal case.
- The investigation is preliminary.
The judicial stages of the criminal process:
- Preparation of case materials for its consideration in court.
- The trial in the court of first instance.
- Appeal proceedings.
- Enforcement of the judgment, sentence.
The entire list shows the dynamism of the process and the interaction of various organs. In the first, pre-trial part of the process, the primary role is played by the activities of the investigator, who collects the materials and submits them to the court. During the judicial stage, the main thing is the court in the person of a separate judge. The fate of the accused will depend on the decision of this subject of criminal procedure relations.
Exceptional stages of the criminal process
Democratic principles are the basis of the foundations of law in general. All criminal procedural law is built on them. Democracy is manifested in the exceptional opportunity to use the cassation instance to review the decision of the court of first instance and appeal. Cassation does not apply to the main types of stages of the criminal process, as it is among the exceptional ones. In addition to cassation, this can include supervisory review, as well as the stage of opening a new production in connection with newly identified circumstances. The main feature of the exceptional stages is that in the process of their implementation, the sentence that has entered into legal force is reviewed. These are completely independent stages of the criminal process, but they exist only within certain circumstances.
Pre-trial stages
The pre-trial stages are very important for the whole criminal procedure as a whole. In fact, they facilitate the further work of the judge. The outcome of criminal proceedings will depend on the quality of the work carried out during the pre-trial investigation of the case.
At this stage, information on the fact of the crime is verified. If the data are not confirmed, and there is virtually no crime, then there should be a refusal to institute criminal proceedings. If a criminal case is opened, a pre-trial investigation is launched by the inquiry officer, prosecutor or investigator. The objectives of the pre-trial investigation are the collection of evidence, the identification of persons involved in the commission of the crime, as well as the implementation of other necessary procedural actions.
All circumstances and facts subject to mandatory proof are listed in Article 73 of the Code of Criminal Procedure Russian Federation. Upon completion of the pre-trial investigation, the inquirer, investigator or prosecutor submits the case to the court or closes it.
Court proceedings
When considering the case in the court of first instance, almost the same investigation takes place, but on the fact of the evidence collected. Consideration in the court of first instance is carried out solely by the judge, in some cases by the judge and jury.
The stage ends with the conviction of the accused or the closure of the criminal case, if the latter is fully acquitted. To ensure the lawfulness and democracy of the criminal process, there is a stage of appeal. With its help, you can change the sentence, which has not entered into force. If the appellate court leaves the verdict unchanged or imposes a different sentence, the stage of its execution will begin. Its essence is that specially authorized bodies carry out court orders for the implementation of the sentence.
Special conditions for criminal proceedings
All the stages of the criminal process were presented above. But in the Code of Criminal Procedure there are a number of cases where a special procedure for the whole legal proceedings as a whole is supposed, for example:
- The accused agrees with the charges against him (chapter 40 of the Code of Criminal Procedure).
- The criminal case is subject to a magistrate (chapter 41 of the Code of Criminal Procedure).
- The presence of the jury in the proceedings (Chapter 42 of the Code of Criminal Procedure).
- A criminal offense was committed against a minor (Chapter 50 of the Code of Criminal Procedure).
- A criminal case was instituted upon the application of compulsory medical measures (Chapter 51 of the Code of Criminal Procedure of the Russian Federation).
Conclusion
Thus, the significance of the stages of the criminal process is quite large in the whole criminal procedure law. Because they are a specific legal procedure for judicial proceedings. The existence and regulation of stages at the legislative level not only facilitates the implementation of any criminal proceedings, but also helps to control the level of legality in the process of various bodies.
