The article will examine the concept and significance of the principles of criminal proceedings, their role. We answer the question of what are the stages of the criminal process. What is criminal law? How do they relate to the protection of human rights?
The concept and role of principles
The principle is the basic idea laid down in the law. The difference between a principle and a rule is its universality. A rule has a narrower application than a principle.
The concept and importance of the principles of criminal proceedings are the most important issues that concern not only theorists. Not without reason in judicial acts the application of certain norms is often affected.
The basic principles are listed in chapter 2 of the CPC. This underlines their significance. What else should be remembered? They are implemented, first of all, in the provisions of the CPC. It is not enough to make a statement that a particular norm or rule directly contradicts the principle, it is necessary to do it differently from what is written in the rule. The courts hardly accept such arguments, they only pay attention to them in a higher court, which provides both general explanations (resolutions of plenums) and individual cases (reviews of the practice of the presidium).
The concept and significance of the principles of criminal proceedings is disclosed in decisions of the Constitutional Court of the Russian Federation. His task is to assess the constitutionality of the norms of laws. It should be noted that the Constitutional Court in its practice rarely assesses the norms of the Code of Criminal Procedure as unconstitutional, while violating the basic principles of the criminal process. Decisions of the Constitutional Court in this area are often aimed at clarifying the norms, revealing their true meaning.
Thus, a greater degree of assessment of the constitutionality of law enforcement is given. Simply put, from the point of view of the court, the norm is, in general, correct and contrary to the Constitution, the practice of its application, and not itself.
Basic principles of the criminal process
What does the concept and meaning of the principles of criminal proceedings mean? The answer to this question determines the scope and direction of practical application of the CPC.
Chapter 2 of the Code of Criminal Procedure deals with the basic principles that permeate all stages of the criminal process. This is their main feature. Indeed, for example, the ban on toughening the punishment as a result of consideration of the complaint of the defendant by a higher court cannot be called basic, although it cannot be overestimated.
What principles are we talking about?
- legality;
- reasonable timing of production;
- the administration of justice only by the court and the independence of the court;
- respect for the honor, dignity and integrity of the person;
- protection of human rights and freedoms;
- the inviolability of the home;
- confidentiality of correspondence, telephone and other conversations, mail and other correspondence;
- presumption of innocence;
- competitiveness;
- securing the right to defense
- freedom to evaluate evidence;
- production language;
- right of appeal.
The listed principles show that the purpose of criminal proceedings is to protect the rights of citizens and organizations, including from unreasonable prosecution. Equally important is the imposition of an adequate punishment on the perpetrator.
Legality
The principle of legality obliges the authorities to investigate, inquiry, prosecutors exclusively within the law. Criminal procedural activity that goes beyond its borders leads to inadmissibility of the evidence obtained.Consequences - a serious adjustment or cancellation of the sentence.
Perpetrators run the risk of being reprimanded or fired. More serious violations lead law enforcement officers to the dock.
The second component of the rule of law is the priority of the CPC over other laws. First of all, the CPC is applied. All other laws, in particular, On Operational Investigation Activities, apply to the extent that they do not contradict the code.
Reasonable timing
The timeframe for making a decision related to the criminal process, conducting an investigation, judicial investigation is limited. Extension of the procedural period is regulated in each case. Despite the fact that criminal procedural activity is limited in time, cases are unreasonably investigated and considered for years by using formalities.
The explicit delay in the proceedings on the application or in the case gives the right to complain to the head of the investigating authority, inquiry or the chairman of the court - it all depends on what stage of the criminal proceedings the case is at. Subsequently, red tape gives citizens the right to monetary compensation.
Court independence
Judge independence means freedom from other people's influences in his professional activities. If there are requests from public organizations, individuals who are not involved in the process, they should be published on the Internet. The norm is partially fulfilled, and then only the Armed Forces of the Russian Federation. Previously, the appeals were published in full, now they only notify him of the fact.
Freedom of the court cannot be called unlimited, even from the point of view of the law. It is limited by the actions of a higher court, whose acts are actually binding upon further consideration of the case. For example, a higher court found it unlawful to refuse to order an examination, and there are many such situations.
Judges are influenced by superiors, public opinion, or trends in sentencing practices. The appointment of criminal proceedings is thereby ensured only on paper.
Respect for the honor and dignity of the individual
Humiliation of a person by employees of investigation bodies, the court and other participants in the process is not allowed. Torture and other ill-treatment are prohibited. The placement in a pre-trial detention center should not endanger the health of life. A preventive measure should be selected on the basis of specific circumstances.
Unfortunately, insults and beatings are encountered in the practice of law enforcement agencies. Actively applied psychological pressure - another form of violence.
How to resist lawlessness? If the participants in criminal proceedings, the defense party actively complain, publish in parallel with this video, which turned out to be shot, then there is a chance to assert their rights.
Personal integrity
Immunity obliges to detain, take into custody, only having the grounds and reason provided by law. If it turns out that someone is being illegally detained or placed in a psychiatric hospital, the prosecutor in criminal proceedings, the investigator or the judge must take measures to release him. A similar obligation exists for the unlawful extension of the period of detention in custody or in a psychiatric hospital.
The implementation of the principle in practice is possible by sending a complaint to a court, the superior head of the investigator, or the prosecutor's office.
Protection of rights and freedoms
The principle is revealed in several directions:
- The duty of the investigation or inquiry body to clarify the rights and obligations, in particular, the right to defense and the consequences of refusing it, the right not to testify against a close person or close relatives and the consequences of refusing him.
- The obligation to take measures to protect the participant from the threat of violence, life, health, property loss.
- Damage caused by illegal actions of law enforcement agencies is fully compensated at the expense of the state.
A refusal to explain rights and obligations, a refusal to take measures to create conditions for citizens to exercise their rights are sufficient reasons to initiate criminal proceedings on the fact of abuse of authority.
The inviolability of the home
Inspection and search of housing is allowed on the basis of a court decision at the request of the investigator, if there is no time to wait for permission, then they are carried out immediately. Within 24 hours, a copy of the decision with notification shall be sent to the court, where the legality and validity of the search is checked.
Secret of telephone and other conversations, postal and other correspondence
Restriction of the right to privacy of correspondence and negotiations is carried out exclusively by a judicial act. Neither the investigator, nor the employee of the operational unit have the right to make such decisions about listening or monitoring. The listed actions without the permission of the court automatically entail the initiation of a criminal case against employees.
Presumption of innocence
- Only a court can convict a person.
- The prosecution is obliged to prove its allegations, the defendant is not obliged to justify anything.
- Existing doubts in the case are interpreted in favor of the defendant.
- The sentence cannot be based on assumptions.
The last paragraph is violated when the sentence is pronounced without sufficient evidence.
Adversarial
The tasks and functions of criminal proceedings include revealing the truth, the functions of the parties to the prosecution and the defense cannot mix, they are not transferred to the functions of the court and vice versa.
The court takes a neutral position, its task is to find out what really happened and to protect the rights and interests of all participants in the process. A judge has the right to take all measures with a view to an objective review of a case and its legal resolution. For example, to ensure that prosecution and defense are truly equal in a particular case.
Right to defense
From the moment of detention, the right to the assistance of a defense counsel or lawyer automatically arises. The investigator or inquiry officer is required to clarify the right to legal assistance and take measures so that the suspect has the opportunity to exercise this right. It must be ensured at every stage of the criminal proceedings.
In some cases, the participation of a lawyer is mandatory; he can be provided at public expense.
Freedom to evaluate evidence
The prosecution, the court, the jury evaluate the evidence on their own. Evidence does not have a predetermined force. The results of the examination, for example, should be evaluated along with other evidence, and not be put at the forefront, as often happens.
Production language
The process is conducted in the Russian or state language of the subject. If a person does not speak Russian, they provide him with a translator or ensure the production in his spoken language.
In military courts, for some reason, the proceedings are conducted only in Russian; an interpreter is provided if necessary.
Right of appeal
Each participant in the process, including the victim in criminal proceedings, has the right to complain about any actions or omissions of officials to a higher official (head of the investigation department, the body of inquiry, higher prosecutor).
There is also the right to appeal a sentence in part or in full. The investigator, interrogator, prosecutor is allowed to directly complain to the court. The defender decides to go through all instances or go to court immediately, based on knowledge of how the law enforcement system in the region really works.
What can be said about the stages of the criminal process
Scientists and practitioners distinguish 3 main stages:
- Pre-trial investigation.
- The judicial stage, including the stages of the review of the sentence (appeal, cassation, supervision).
- Execution of the sentence.
Such an opinion is based on the distribution of norms in the code.
There are more detailed classifications of the stage, however, they are less convenient for understanding what constitutes the criminal procedural legislation of Russia.
The pre-trial investigation is dedicated to:
- issues of instituting criminal proceedings (grounds, reason, order);
- categories of investigative actions, the order of their production;
- referral to the prosecutor for approval of the indictment or opinion.
The trial phase includes:
- verification of the readiness of the case for trial;
- direct trial in court;
- sentencing or termination of the case (no corpus delicti or event);
- stages ensuring the review of the sentence (verification of the legality and validity of the sentence by considering complaints).
The special procedure includes a simplified form of pre-trial and judicial investigation under articles providing for punishment of not more than 5 years of imprisonment. A person admits guilt, and he is assigned no more than half the maximum penalty without examining the circumstances of the case.
Features of accountability are provided for minors and senior officials (State Duma deputies, judges, etc.).
The role of each stage of production
The task of the first stage is to collect evidence of a crime by a specific person. Investigative actions are carried out, examinations are appointed, documents are collected. At this stage, the easiest way to achieve a cessation of production, of course, if there are reasons.
A court hearing is an examination of the materials collected by the investigation. The defense has the right to declare the conduct of investigative actions that were denied, the appointment of examinations, the examination of witnesses, etc.
The review of the sentence helps to identify errors made by the court of previous instances. Unfortunately, sometimes only the Armed Forces of the Russian Federation draws attention to the complaints of defense lawyers and defendants. However, all parties to criminal proceedings have grounds to say so.
The court performs the task of additional control over the bodies of pre-trial investigation.
What place does the prosecutor's office occupy
The control of the prosecutor’s office is very superficial, in particular, various prosecution officials confirm the indictment and present the indictment in the same case in court.
What does this lead to? By agreeing to open a criminal case, the same prosecutor can satisfy the complaint about the refusal to initiate proceedings. If you complain directly to the court, one of the prosecutors will be present there and uphold the correct actions of the investigator and his own or colleagues.
Unfortunately, support for the prosecution often turns into attempts to cover up illegal actions, mistakes made during the investigation, and a low level of prosecutorial supervision.
At the same time, it is often prosecutors who initiate the review of sentences in favor of convicts.
Correlation of criminal law and process
Criminal process - the activities of investigative bodies, prosecutors, courts, aimed at investigating and considering cases of offenses provided for by the Criminal Code. Within this framework, the protection side also exercises its rights.
Russian criminal procedure legislation is a form of implementation of the norms of the Criminal Code.
Now we touch on the concept and meaning of criminal law.
The Criminal Code is the only normative act providing for a list of prohibited acts called crimes, penalties, principles and rules for their appointment.
The meaning of criminal law is contained in the protection afforded to society. The positive effect is reduced when there are gaps in regulation or, conversely, excessive or excessively strict prohibitions are set.