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 ?
2) The exclusionary rule applies to too little police misconduct, and even then, only to that which occurs within the context of a criminal case.
The cases that interest us here apply the "good faith exception" to the exclusionary rule in multi-officer situations.
The exclusionary rule is expressly governed by a cost-benefit inquiry.
It diffused from constitutional tort law to postconviction habeas law and the rules governing the exclusionary rule as a remedy for Fourth and Fifth Amendment violations.
The exclusionary rule, which obviously deters only unlawful searches for physical evidence, has created opportunities for courts to frequently define when searches may be lawfully conducted.
His commitment to the exclusionary rule is reflected in the time he spends detailing the historical and logical basis for the rule, documenting that abusive search and seizures were a major cause of the American Revolution--although he faithfully reports and explains the Supreme Court's growing list of exceptions.
Under the exclusionary rule, "the legislative history of an enactment was not admissible to assist in interpretation .
In 1979, and again in 1982, Florida courts held that the exclusionary rule applied in probation revocation hearings.
The exclusionary rule does not apply automatically, however, in every case that involves a Fourth Amendment violation.
Part II analyzes developments in constitutional criminal procedure and the exclusionary rule for evidence obtained in violation of defendants' constitutional rights in the era that followed.

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