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Criminal procedural guarantees and forms

In criminal law relations, one of the participants is always a government agency or an employee with authority. In this regard, of particular importance in legal proceedings are criminal procedure guarantees. Consider what they are. criminal procedural guarantees

The concept of criminal procedure guarantees

They are special ways and means established by law, aimed at ensuring the achievement of the goals of justice, promoting the adoption of informed, legal and motivated decisions.

Procedural guarantees in criminal proceedings apply to all its participants. However, in the first place, they relate to individual rights. Guarantees are aimed at protecting the interests of entities participating in proceedings in the status of accused, defendant, victim, etc.

Criminal procedural guarantees of personal rights cannot be opposed to guarantees of justice. This is due to the fact that the establishment of the involvement of persons, the correct resolution of the case corresponds to the interests of not only the victim of the crime, but also the interests of the state and society, since the fight against criminal behavior is one of the key tasks of the authorities.

Legal status of the parties

Participants in criminal legal relations acquire certain rights and bear specific responsibilities. They, in fact, form the legal status of one or another production participant. guarantees of criminal procedure law

The active, real realization of rights by subjects in itself acts as criminal procedure guarantee making the right decision in accordance with the law. At the same time, the use of certain opportunities ensures the protection of the interests of production participants.

Responsibilities of Authorized Persons

The CPC provides for various criminal procedural forms and guarantees protect the interests of the parties to the process.

According to the Constitution, investigation authorities, the court, and the prosecutor must protect the rights of individuals and respect the inviolability of every person. They are obliged to explain to the participants in the proceedings their rights, to provide an opportunity for their implementation.

From the above it follows that the responsibilities of authorized persons and bodies correspond with the rights of citizens involved in the process. Investigation authorities, the court, and the prosecutor not only have the power of authority, but also must comply with the requirements of the law in the field of protecting the interests of others. concept of criminal procedural guarantees

Expression Forms

Guarantees of criminal procedure law They are expressed, first of all, in the manner prescribed by law for conducting activities in the framework of criminal proceedings. In this case, the supervision of higher authorities over the work of subordinate bodies, including those authorized to conduct an investigation, is of no small importance.

Of particular note is the opportunity for interested parties to appeal a decision / action or inaction of employees or authorities. It is considered one of the most important. criminal procedure guarantees.

General classification

The criminal law provides guarantees:

  • Ensuring the attainment of truth.
  • Legality.
  • Ensuring the implementation of freedoms and rights of participants in production.

Consider their features.

Criminal procedural guarantees of legality

These legal instruments ensure the exact implementation of constitutional requirements, provisions of federal law by all parties to the proceedings. They guarantee the fair and correct application of criminal norms, strict observance of procedural requirements. procedural guarantees in criminal proceedings

The guarantees of legality should include:

  • Procedural forms.
  • A clear separation of functions and tasks between production participants.
  • Judicial control.
  • Prosecutor supervision.
  • An opportunity to challenge the decisions made in higher courts.

Truth setting

It is ensured by the possibility of coercive measures enshrined in law. They imply a partial restriction of the freedoms, rights of citizens and organizations.

Coercive measures, in particular, should include the detention of a person, seizure of property, transfer to the investigating authorities, placement in a hospital (when prescribing compulsory treatment), etc.

Guarantees of freedoms and rights of production participants

Their basis is formed by constitutional provisions and principles of the criminal process.

One of the key guarantees is the obligation of the authorized bodies and persons (investigators, court, prosecutor, etc.) to explain to the participants in the proceedings their rights, responsibilities and obligations. Of great importance are also:

  • Immunity of person and home.
  • The ability to appeal decisions and actions / inaction of the competent authorities and employees.
  • The right of the accused / suspect to use the services of a defense counsel.
  • Judicial control of enforcement measures.
  • Equality of parties to production.
  • The assignment of the right to convict a person of an act to the exclusive competence of the court.

Statutory provisions

The obligation to ensure the implementation by the participants of the process of their rights rests with entities conducting legal proceedings. criminal procedural guarantees of personal rights

In addition to the fact that these persons must explain to the parties their legal capabilities, they should take all legal measures for an objective, complete, comprehensive study of the circumstances of the case, not to shift the burden of proof on the accused. Otherwise, another important guarantee expressed in the presumption of innocence will be violated.

Under the law, a person is presumed innocent until proven otherwise. The indictment, as well as its maintenance and confirmation is carried out by the prosecution. A person suspected of an act should not, but has the right to prove his innocence.

Employees and bodies authorized to conduct legal proceedings must observe the rights of citizens enshrined in the Constitution, procedural and other rules of law. These actors should be interested in ensuring that the parties to the process know their capabilities and realize them. Only in this case will a comprehensive, objective, complete study of all the circumstances of the case be provided. Accordingly, as a result of the proceedings, a legitimate, reasonable order will be adopted.

Guarantees for authorities and their employees

Criminal procedural guarantees allow state structures and their officials to properly carry out their functions, to use the powers vested in them, to achieve the goals of legal proceedings. criminal procedural forms and guarantees

The rights granted to employees and state bodies are ensured by the obligation of the relevant entities to comply with the requirements addressed to them, to bear responsibility for violation of the requirements. Of course, all the requirements of authorized structures and officials should be legal, appropriate, proportionate to the circumstances and justified.

Controversial issues

Some lawyers believe that the rights of the parties to the process cannot be fully attributed to criminal procedural guarantees. The authors substantiate their opinion by the fact that the availability of legal opportunities does not provide anything. In turn, the rights themselves act as the object of guarantees.

The issue of procedural actions of authorized structures and employees is considered controversial. According to some authors, they should not be considered guarantees, but a means to ensure their implementation.


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