Principles of Criminal Procedure
The principles of criminal procedure are fixed inConstitution and chapter 2 of the CCP. They reflect the main essence and content of the criminal process as a whole, determine all its stages and institutions, the existing rights and duties of individuals in criminal proceedings. At the heart of each principle is a general legal idea that finds its expression in various procedural rules.
All principles of the criminal process in one way or anotherare involved in the conduct of the trial. They are interrelated and interdependent. Violation of one of the principles entails breaking a number of others. Their observance is guaranteed by the state and is provided by state bodies. If these principles are violated by state bodies conducting the process, they will be obliged to bear responsibility for the consequences that have occurred.
The principles of criminal procedure includelegal provisions guaranteeing the rights and freedoms of citizens, determine the construction of the trial itself, which is the central stage of the process. Find their expression in one or more previous stages of the trial.
The legislation enshrines the following principles:
- the principle of legality in the criminal process, that is, accurate and consistent application of laws by competent state bodies, compliance by participants in the criminal process with the requirements of normative acts;
- the implementation of justice exclusively by the court. Means that a person can be convicted and subject to criminal punishment only by a court sentence;
- respect for the honor, dignity of man. In the course of the process, actions that in any way degrade honor and diminish human dignity are prohibited;
- Inviolability of the person. Unjustified deprivation of liberty is not allowed;
- the inviolability of the home, that is, no one without the consent of the owner can penetrate it;
- protection of the rights, interests and freedoms of a citizen incriminal process. Every participant in the process must know their rights, therefore, state bodies are obliged to explain them and provide opportunities for implementation;
Presumption of innocence. All doubts that arise in the criminal process are interpreted in favor of the suspect. A person is not guilty until the sentence is pronounced;
- competitiveness of the parties. It means that in the criminal process the functions (defense, charges, permits) are distributed between the parties and can not be assigned to one body or official;
- providing the suspect (accused person) with the right to defense. In case of initiation of a case, the person who committed the crime has the right to protection of interests by a highly qualified specialist;
- the language of criminal proceedings. It is conducted only in the state (Russian) or in the language of the republic entering the Russian Federation;
- The principle of publicity in criminal proceedings. If there are signs of a committed crime, a criminal case must be instituted against the perpetrator, regardless of the wishes of the victim. The protection of citizens and society from crimes is the duty of the state, and not the business of the citizens themselves;
- secrets of correspondence, telephone and othernegotiations, telegraphic, postal and other communications. Means that it is unacceptable to interfere in personal life in this way. Only when a crime is committed by a court decision, this restriction can be lifted and, as an exception, is permissible in cases that are not urgent;
- the right to appeal procedural decisions. If you do not agree with the decision, any citizen can appeal to a higher organization or court.
The principles of the criminal process are the basis for the activity of state bodies, they are widely used in practice and are guided by them in the course of investigation and consideration of criminal cases.