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 Supreme Court held that (1) the postconviction court did not abuse its discretion in summarily denying appellant's claims of ineffective assistance of counsel without holding an evidentiary hearing because the petition was filed more than 2 years after his direct appeal and the facts alleged in the postconviction petition, if proven at an evidentiary hearing, would not have satisfied any exception to the 2-year statute of limitations; and (2) even assuming that appellant's petition included a motion for testing under Minn.
The clerk of court said Marcos was given 15 days to avail herself of postconviction remedies under the rules of court.
The growing need for postconviction review combines with restrictions on the federal habeas remedy to create hydraulic pressure on State PCR.
Syed first filed a request for a postconviction hearing in 2010, which was denied.
The Court's depiction of this limited right to postconviction counsel as "equitable " avoided the pitfalls that would have been posed by the recognition of a constitutional right to counsel.
If the petitioner had not raised the underlying claim during state postconviction proceedings, procedural default still applied.
Last Term the Supreme Court unexpectedly expanded postconviction
Similar to unsolved cases, the postconviction appeals and DNA examinations resulted from laboratory analysis of evidence held by a department in its property room.
It spans from the crime scene itself and the collection of evidence, through to the presentation of that evidence in court and its potential use in postconviction cases.
The court found that the state could not constitutionally block access to postconviction relief by applying a civil rule that permitted the court to impose a stay until any litigant, who had filed three or more unsuccessful actions in the past five years, posted a cost bond.
In 1995, based on Pennsylvania cases establishing a qualified right to postconviction access to previously untested DNA evidence, (6) Godschalk filed a petition seeking access to the DNA evidence from both incidents still held by the District Attorney.