Criminal Procedure's Functions and General Application

Criminal Procedure

Criminal procedure is a processing or the pattern that follow if how to process the justice by charging of an offense to the allegedly criminal that responsible of the crime that start through the complaint of the offended party of the crime as complainant. The pattern used by law enforcers, juries and prosecutor to bring justice and punish the creator of the victim less crime.

Law enforcers’ motu proprio file offense (crime) if there was no victim to the crime (victim less crime) that will initiate the complaint. Their steps follow the criminal procedure in order for them they are in the right way and not violated the due process of law for the accused.

The procedural is sometimes very difficult to prove if law or not? If not law, therefore we can disobey it; if law we should follow the criminal procedure. So long as there are countries those bring justice to the victim of the crime. All countries might have criminal procedures and might all but the name of that processing of the criminal might differ to the name criminal procedure. But the processing is same with criminal procedure.

States the right of the accused especially the right to remain silent in the court and even outside in the court; the criminal procedure is same with criminal evidence.

Even the court, court of appeal, special court and even the supreme court of the country might follow the rules on the prosecution stage, charging of an offense, release of the verdict and the final decision of the case. 

States whether what to do about the evidence in court: presentation of evidence, marking, labeling and more.

States about the pre – trial, reconsideration, filing of an offense, motion to squash regarding to the information filed by prosecution except to the other countries which has no prosecution stage regarding to their criminal justice system.

States the kinds of court in the country and whether what to do if the offended party did not win the case against to the suspected criminal and same also to the defendant of the case.

Mentioned how the prosecution of the crime if the crime is moving especially to the transitory crime. All countries might have this type of means about how the prosecution works if the crime is transitory and what police station should charge in this type of incident and what type of complaints should file to the creator of the transitory crime.

The law has its own definition whether how the law interpret as well by itself, for example: the law has definition about extra judicial confession made by the accuse and that definition shall prevail over to the definition of ordinary citizen and the procedure has its own definition about the words to fit into particular idea with specification in the field.

There is called plea bargaining for lower offense if the accused will admit that he/she was the responsible of the crime for consideration that he/she reveal his companions in the commission of the crime for lower punishment in his/ her part.