Criminal Procedure

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Criminal Procedure

 

the activities of agencies of inquiry and investigation, the procuracy, and the courts in the initiation, preliminary investigation, and judicial decision of criminal cases, conducted in the manner established by criminal procedural law and by the means and methods prescribed by such law. The tasks of Soviet criminal procedure are the speedy and complete exposure of crimes, the sure and just punishment of crimes, the strengthening of socialist legality, the prevention of crimes, and the education of citizens in the spirit of undeviating execution of the laws.

Criminal procedure is conducted by the competent bodies to which the corresponding functions have been assigned by law under the system of legal relations, which include guarantees of the rights and legal interests of participants in a case. All procedural acts—investigative and judicial—are conducted according to form strictly established by law, which ensures the optimum realization of the tasks of criminal procedure.

Criminal procedure consists of several successive stages, each of which includes a check of the preceding stage: initiation of a criminal case, inquiry, preliminary investigation, arraignment, judicial consideration, cassational proceedings, execution of sentence, and, in some cases, supervisory proceedings and proceedings as a result of newly discovered circumstances.

The science of criminal procedure studies procedural regularities, fundamental concepts and principles, and prescribed order and the execution of such order. The most important part of the science of criminal procedure is the theory of evidence, which studies the problems of proof in criminal cases.

References in periodicals archive ?
The proposal raised controversy among a number of parliament members who were divided over whether Egypt really needs to specify separate legislation to protect witnesses or simply have some articles in the Criminal Procedure Law granting the witness his full rights.
2 Criminal Procedure Law, after he was served with the writ by which the prosecutor informs him about the surveillance measure.
Mrejeru, Theodor (1999), Criminal Procedure Law, Bucharest: Sylvi Publishing House.
Although cross-examination has been authorized under China's Criminal Procedure Law since 1996, live testimony is fairly rare, with witnesses appearing in fewer than five percent of criminal cases since 1996.
The amendment to the criminal procedure law cleared the House of Councillors plenary session with support from the Democratic Party of Japan, the Japanese Communist Party, the Social Democratic Party and the People's New Party.
Major revisions to the Criminal Procedure Law of the People's Republic of China were enacted in 1996, yet many of the rights and protections we enjoy in Canada were not a part of it.
Also, New York Criminal Procedure Law (CPL) 120.10 (2) provides: "A warrant of arrest must ...
Under the agreement signed Wednesday, the high commissioner's office and China will carry out projects to assist China find alternative penalty measures to imprisonment and help the country revise its criminal procedure law, the statement said.
In this Article, the Author examines the recent revisions to the Chinese Criminal Procedure Law. The Author maintains that while the revisions were intended to promote a more equitable criminal justice system, the political climate in fact has rendered the revisions a step down for both defense attorneys and defendants.
The New York Court of Appeals has correctly described this as a "bothersome area of law."(17) In five cases during the past thirty years, the high court has wrestled with the interpretation of Criminal Procedure Law section 270.20,(18) and despite its attempts to arrive at a definitive construction of the statute, lower courts continue to differ as to the proper standard for adjudicating challenges for cause.(19) Thus, in April 2000, the Court of Appeals, in People v.
The Supreme Court says she is granted this right by a general provision in the Criminal Procedure Law.
He said the accused is still presumed to be innocent in accordance with Section 36(5) of the 1999 constitution of Nigeria, and the provision of Section 118(2) of the criminal procedure law of Osun State.

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