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 ?
35 of 1992 concerning the Criminal Procedural Law of the UAE as amended by Federal Law No.
The workers were also briefed on the criminal procedural law and how to seek help to protect their rights.
The circuit court also found that the Harju county court in its August 10 decision and in the course of the court hearing substantially breached the criminal procedural law and applied the substantive law incorrectly.
"In our criminal procedural law, we do have the principle that evidence should be obtained legally to be admissible but public order and public policy will always trump everything else.
Pursuant to Article (2/381) of Criminal Procedural Law, it is obligatory for the criminal court to refer death penalty cases to the Grand Mufti before passing the death verdict.
Although mediation in the case of adult persons may take place only on a private basis, at the suggestion of the prosecutor, the removal of regulation from the Criminal proceedings Code is criticized, considering that by the revocation of the regulation as institution of criminal procedural law, the mediation loses its legal legitimacy.
By bringing a person to responsibility one may understand solely the case of real presence of a suspected (or accused) person at trial, or it may also include trial in absentia against a person, who is not in Russia to an extent which is permitted by Russian criminal procedural law (part 5 of Art 247 of the Criminal Procedure Code of the Russian Federation).
He told the National Iraqi News Agency / NINA / "The Council of Ministers adopted the approval of the report submitted by the Committee of Five, which approved what the whole leadership of the National Alliance agreed upon." Al-Bayati said, "This matter is subject to amendment and change when displays inside the House of Representatives," He continued, "The approval of the amendments were in the presence of representatives of the Sadrist movement, the Supreme Council and the State of law in the Committee of Five and agreed upon then raised to the Council of Ministers." 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 hosted a number of academicians, specialized in the criminal and legal fields at the Faculty of law at Sultan Qaboos University (SQU) in the framework of the Committee's study to the amendment of the Omani Criminal Law and the Criminal Procedural Law. The Teaching Staff praised the importance of the study of both laws by Majlis A'Shura for their weaknesses and deficiencies in the coverage of aspects and issues faced by the Omani society.
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.
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.

Full browser ?