Criminal Procedural Law

The criminal procedure law refers to the set of rules governing the group of procedures through which the government imposes criminal law substantive. Municipalities, states, and the federal government each have their own criminal codes , which define the types of conduct that constitute crimes.

The criminal procedure law is in charge of regulating the ways to arrest , accuse and try alleged criminals; the imposition of sanctions on convicted criminals; and methods are introduced to challenge the legality of the sentence after the trial has been carried out. Litigation in this area frequently deals with conflicts of fundamental importance to the allocation of power between the state and its citizens .

What is criminal procedural law?

When we talk about criminal procedural matters, we must think that it consists of the correct path to generate some type of sanction or a security measure . This process begins at the moment in which you have the news that someone did not comply with the norm, so a sanction must be generated. The path to be achieved is known as the preparatory stage and then a second stage known as the accusation and trial stage is passed .

The prosecutors and the defendants are the ones who must walk this path together with the court . Then, this group of different stages aimed at reaching a decision by the court to know whether or not a sanction should be applied to the accused is called the Criminal Procedure . Previously, the criminal process was known by the names of trial , litigation and file .

The stages of the criminal process are made up of a set of acts and the acts established by law carried out by the parties and the court within a stage of the criminal process, it is called Criminal Procedure .

Characteristics

The main features of the law of criminal procedure are as follows:

• It is an accusatory , inquisitive and mixed system .
• The State carries out and creates justice through the bodies established in procedural law.
• It is public since it structures the different state bodies to solve conflicts.
• It has an institutional framework which is achieved through public bodies that make up the powers of the State.
• It is autonomous as it is a special branch of law.
• It is formed by a set of judgments , reasoning and criminal procedural legal theories .
• Seek judgments subjectively and objectively .
• It is of a scientific nature and is based on methodical knowledge .

Legal nature

The legal nature of criminal procedural law is the process . This nature is based on purely scientific criteria following an order of elaboration. We can say then that it has a legal character , and for the people who intervene in it there is a series of relationships of law , duties and obligations , which are determined by the Law .

Background

The antecedents of criminal procedural law are based on the criminal rights that originated in Greece and Rome , in the canonical process , in the common or mixed criminal process , in the reformed process and the modern codification of civilized peoples.

History of criminal procedural law

Criminal procedural law has its origins in the people of Greece . At the beginning it was a purely accusatory process . It was later adopted and widely developed by the Romans . It was based on accusing citizens and that the judge was not a representative of the State .

objective

The main objective of criminal procedural law is to establish the legal norms that should regulate any criminal process from the beginning to the end. In addition, study the fair and impartial administration of justice , the different activities of judges and the laws behind the sentences. It is also in charge of investigating , identifying and establishing penalties for the conduct that constitutes crimes. Its objective is thus related to public order .

Sources

The main source of criminal law is the law that must be presented immediately and supreme. The doctrine is a secondary source but it is not mandatory. The case law is regarded as a source mediately and the judge should not refuse it. The last of the sources related to this type of law is custom, which occurs in some countries that are under the common law system .

Principles of criminal procedural law

The main principles of criminal procedural law are the following:

• Equality principle
• Device principle
• Principle of legality
• Principle of procedural economy
• Principle of good faith and loyalty
• Advertising Principle
• Principle of the right to defend oneself
• Principle of onerosity

Purposes

The purpose of criminal procedural law is aimed at proving or disproving the existence of a certain crime . This type of right seeks to prove whether the crime was committed or not and this is done through positive or negative certainty . If the existence of the crime appears, the purpose of the law will be to establish the legal consequences and penalties for the offender.

Importance of criminal procedural law

The importance of criminal procedural law lies in the fact that it is through it that the guarantees and fundamental rights established in the laws that govern order in a given country, and in the treaties or agreements that are part of the internal regulations , are respected. from a country. Thanks to criminal procedural law, respect for the guarantees and fundamental rights of citizens is given .

Examples

• Administrative procedural law .
• Constitutional procedural law .
• Civil procedural law .
• Criminal procedural law .
• Procedural labor law .