Criminal Procedural Law

Criminal Procedural Law

 

the branch of law that regulates the activities of agencies of inquiry and preliminary investigation, the procurator, and the court in initiating, investigating, and deciding criminal cases. Criminal procedural law establishes the order and content of criminal court procedure and regulates the legal relations that arise in connection with such procedure, as well as the rights and obligations of agencies conducting criminal proceedings and those of participants in the proceedings. Criminal procedural law is closely connected with criminal law. Within prescribed limits it also makes use of rules of civil law (for instance, a civil claim in a criminal proceeding), family law (such as participation of legal representatives in a proceeding), and administrative law (for example, the application of sanctions against violators of procedural order).

The fundamentals of Soviet criminal procedural law are set forth in the Basic Principles of Criminal Court Procedure of the USSR and the Union Republics, promulgated in 1958. They forbid the assignment of criminal responsibility other than on the basis of and by the procedure prescribed by law, preserve the inviolability of person, and require that judicial proceedings be conducted only by a court and on the basis of equality of all citizens before the law and the court. They guarantee the independence of the judiciary and its subordination only to law, participation of people’s assessors in proceedings, open court sessions and the right to defense, and complete and objective investigation of the circumstances of the case. They also prohibit the soliciting of testimony by force or threats.

The Basic Principles of Criminal Court Procedure and the codes of criminal procedure of the Union republics, adopted on the basis of the Basic Principles, regulate in detail questions concerning proof in a criminal case; the participants in proceedings, the rights and obligations of the participants, and the guarantees of such rights and obligations; and supervision of the execution of law in the criminal process, of the uniformity, order, and content of procedural stages, and of the actions and decisions of bodies conducting the criminal proceedings.

References in periodicals archive ?
The Cabinet approved in an extraordinary session held on Sunday to modify the Justice and Accountability Law and the Criminal Procedural Law in regards to confidential informant.
The committee was also briefed on the views and proposals of academics regarding the amendment to the Omani Criminal Law and the Criminal Procedural Law to amend both laws or to develop a new law consistent with the Basic Law of the State and to overcome the shortcomings and problems in the existing laws.
Civil rights lawyers demanded changing the charges to espionage, which may result in the death penalty if the accused are found guilty, according to the Egyptian Criminal Procedural Law.
Beijing, Aug 24 (ANI): China has initiated its proceedings to amend the Criminal Procedural Law with an intention of stopping judges from accepting confessions obtained through torture or violence.
The committee also discussed a draft law amending some articles of Decree-Law 4 for the year 2001 on preventing money laundering amended by Decree Law 54 for the year 2006 on Criminal Procedural Law by adding article (21) to include representatives of Justice and Interior Ministries.
Criminal procedural law is the set of guidelines and requirements we follow as decisions are made concerning those who are alleged to have broken the substantive law.
Criminal procedural law was one area where ministers pledged to prevent any unnecessary change in a White Paper setting out policy last year.
Before elaborating any comment, the American lawyer should study the Brazilian legislation, whose articles 268 to 273 of the Criminal procedural law code, allow for the participation of the prosecutor's assistants," explains the Criminal lawyer Claudio Pimentel, who represents Rosane Gutjhar, the widow of a passenger and member of the Association of Relatives and Friends of Gol's flight 1907 Victims.
CAIRO: Judge Sameh Abou Zeid, investigating the alleged illegal foreign funding of local and foreign non-governmental organizations (NGOs), said Wednesday that inspecting their offices was legal according to the criminal procedural law.
He said criminal law procedures, law of evidence, professional ethics, and criminal procedural laws were the main issues tackled during the training.