The principle of publicity in the criminal process is manifested in the fact that the prosecutor's office, the investigation and the bodies of inquiry must initiate and investigate criminal cases if there are signs indicating the commission of acts. In this case, the opinion of the interested party does not matter. The only exceptions are cases of private prosecution, for the discovery and conduct of which the injured person must write a statement to law enforcement agencies.
It should also be noted that when committing criminal acts, harm is caused not only to specific individuals, but also to public order protected by law.
The main thing
The principle of publicity in the criminal process is that the prosecutor, the investigation and inquiry bodies carry out their activities on behalf of the state, initiate proceedings on the basis of the available signs of a criminal offense, expose the perpetrators of the deed, and, if there is irrefutable evidence, relieve those who do not to blame for the deed, and take the necessary actions for their rehabilitation and restoration in all rights.
Thus, state bodies and officials stand up for the interests of the victims. Because the act committed against them did harm not only to them personally, but also to public relations protected by law.
Important role
It must also be said that the public prosecutor must attend a court hearing on public and private-public prosecution cases. Because this rule is fixed in the current law. Thus, this official stands up to protect the interests of the state. After all, the guilty person who committed the dangerous act caused damage not only to one person, but also to public relations protected by law.
For this reason, the participation in the proceedings of the public prosecutor is considered one more confirmation of the principle of publicity in criminal proceedings.
Characteristic
The principle of publicity in the criminal process is perceived as the fundamental, guiding beginning of the proceedings to identify signs of a criminal act, expose the perpetrators and bring them to justice. Individuals are only required to comply with the norms of the current CPC. While the entire course of the criminal process is fixed in law. After all, it is the CPC that contains the norms on the basis of which a preliminary investigation, trial and the entry into force of a sentence are carried out.
It should also be noted here that the criminal process provides a certain guarantee that an innocent person will not be unlawfully prosecuted for an act that he did not commit and that he will not suffer undeserved punishment. Because the activities of investigative bodies, inquiries, prosecutors and courts are carried out only on the basis of the norms of the current law.
In addition, many sources indicate that the principle of publicity in the criminal process is perceived as social openness. In other words, the court should listen to all participants in the proceedings, and not just the strongest parties (the prosecutor and the victim).
Ratio
Publicity is one of the main principles of criminal proceedings, according to which officials and authorities act only in relation to the state and protect its interests. Personal rights are firmly established by law.This is important to know.
In turn, dispositiveness in criminal proceedings allows citizens to independently dispose of their material and procedural rights without resorting to state assistance. However, this principle is not as pronounced here as publicity. Indeed, in the conditions of dispositiveness, the interests of the individual become much more important than the state. Moreover, they come first.
But how do the principles of publicity and discretion in the criminal process still interact with each other? Their relationship is that together they ensure the existence of three types of charges:
- private, where the opening of the case occurs only after the victim writes a statement on prosecution for a specific person;
- public - the initiation and further investigation of the case does not depend on the opinion of the participants in the process (including the victim) and is carried out by the investigation and inquiry bodies in the form of official duty;
- private-public - is the activity of the victim and the inquiry, investigation and prosecutor's office to disclose the offense and bring the perpetrator to justice for the offense.
Thus, the interaction of the interests of the individual and the state is understood as the ratio of publicity and dispositiveness in criminal proceedings.
Additionally
So, what is the relationship between the principles of rationality and publicity? First you need to say about each of them individually.
As mentioned earlier, publicity is one of the main principles of criminal proceedings. One could say even more, without this fundamental and guiding principle, the entire process of conducting a preliminary investigation and justice would have lost its significance. After all, publicity is manifested in the mandatory opening of a case by an investigator or interrogating officer if there are any signs of a criminal act. These officials defend the protected interests of the state.
But what role does the principle of rationality play here? Here it is necessary to say that the criminal case is investigated within the time limits established by law, after which it is referred to the judicial authority for examination on the merits and sentencing. A reasonable time period is understood to mean the period of time required for the investigation of the case, as prescribed in the CPC.
Kinds
As mentioned earlier, the interaction of dispositiveness and publicity allows us to identify all types of criminal prosecution. The criminal process is carried out:
- by private prosecution; here it is also necessary to indicate that the victim himself acts in the role of the public prosecutor in the judicial authority (cases of beatings, slander, inflicting light harm on health);
- public-private prosecution; when the case is initiated upon the application of the person, but the investigation is involved in the investigation or inquiry, the prosecutor's office (for example, rape, fraud);
- public prosecution - carried out without a statement by the injured party and without taking into account its opinion, officials open and investigate a case based on official duty.
Special meaning
In this case, it is necessary to say once again about dispositiveness as the principle of a criminal process that allows citizens to independently dispose of their material and procedural rights. However, its role in the conduct of legal proceedings is not as high as that of publicity.
It should also be said about the concept of dispositivity and its application. After all, this principle allows more than forbids. Dispositivity allows citizens to independently use their rights without the help of the state. In addition, this principle has a limited scope. For example, an accused can use the help of his lawyer if he can hire him on his own.The latter also has the right to ask the investigator for the appointment of a public defender. In addition, the accused has the opportunity to reconcile with the injured party, if he makes amends for the damage - this will allow him to avoid punishment.
In another state
The Code of Criminal Procedure of Ukraine contains article 26 “Dispositivity”, which indicates the essence of the application of this principle. For example, if the prosecutor or private prosecutor refuses the charge, the case must be closed. The court in the process resolves only those issues that are submitted for consideration by the parties.