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Topic: Criminal procedure

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  Criminal procedure - Wikipedia, the free encyclopedia
Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law.
In a criminal case, the government generally brings charges in one of two ways: either by accusing a suspect directly in a "bill of information" or other similar document, or by bringing evidence before a grand jury to allow that body to determine whether the case should proceed.
The burden of proof is on the prosecution in a criminal trial, which must prove beyond a reasonable doubt that the defendant is guilty of the crime charged.
en.wikipedia.org /wiki/Criminal_procedure   (834 words)

 Criminal procedure - Wex   (Site not responding. Last check: 2007-10-07)
Criminal procedure is composed of the rules governing the series of proceedings through which the substantive criminal law is enforced.
The rules of criminal procedure are different from those of civil procedure, because the two areas (criminal and civil) have different objectives and results.
In criminal cases, the state brings the suit and must show guilt beyond a reasonable doubt, while in civil cases the plaintiff brings the suit and must only show the defendant is liable by a preponderance of the evidence.
www.law.cornell.edu /topics/criminal_procedure.html   (0 words)

 Rule of Law Through Technology : Level 4 Page
The main role of criminal procedural legislation is to provide a fair, equal and due legal process, to protect the individuals' freedoms, the rights and the legal interests of the citizens, to contribute to the strengthening of the rule of law and to the application of the Constitution and laws ruling the country.
Criminal offences are tried, in the first instance, by the district and military courts, in panel, in conformity to the rules provided by this code.
When during the preliminary investigations the prosecutor considers that the criminal offence is under the competence of a court different from that in which he exercises his functions, he shall immediately transfer the acts to the prosecution office in the competent court.
pbosnia.kentlaw.edu /resources/legal/albania/crim_pro.htm   (0 words)

 Civil vs. Criminal Law
In criminal cases, the public, through the authority of the statee (or, if federal, the United States), brings the accused criminal (the defendant) to court to determine his or her guilt or innocence.
Criminal lawsuits differ from their civil counterparts in that criminal prosecutions are intended to convict and punish the criminal offender, whereas civil lawsuits are designed to settle disputes between private parties.
Criminal cases, which deal with acts that are offenses against society as a whole, such as murder and robbery, as subject to the rules for criminal law, which are also known as the rules of criminal procedure.
www.otto-graph.com /samples/3/civil.html   (0 words)

 Privacy International - COE Recommendation No. R (95) 13
Criminal procedure laws should be reviewed with a view to making possible the interception of telecommunications and the collection of traffic data in the investigation of serious offenses against the confidentiality, integrity and availability of telecommunications or computer systems.
Criminal procedure law should ensure that a similar order can be given to other persons who have knowledge about the functioning of the computer system or measures applied to secure the data therein.
Therefore, procedures and technical methods for handling electronic evidence should be further developed, and particularly in such a way as to ensure their compatability between states.
www.privacy.org /pi/intl_orgs/coe/info_tech_1995.html   (0 words)

The official language in the criminal procedure is the Macedonian language and its Cyrillic alphabet.
The decision on the judicial issue by the criminal court is legally valid only for the criminal case which is being prosecuted by this court.
The public prosecutor takes over every procedure act to which he is authorised according to the Code, individually or by assistance of other persons, who on the grounds of the public prosecution code are authorised to present him in the criminal procedure.
www.mlrc.org.mk /law/CriminalProcedureCode.htm   (0 words)

 Department for Constitutional Affairs - Legal Policy - Criminal Matters
The Criminal Procedure Rules lay down an overriding objective that courts and everyone involved in a criminal case must pursue: to deal with the case justly.
The first Criminal Procedure Rules were made by the Criminal Procedure Rule Committee on 17 December, 2004 and have been allowed by the Constitutional Affairs Secretary and Lord Chancellor Lord Falconer, with the concurrence of the Home Secretary.
The project to establish the Criminal Procedure Rule Committee, with its full-time, supporting Secretariat, is a tri-lateral criminal justice initiative, sponsored by the Constitutional Affairs Secretary and Lord Chancellor Lord Falconer, in partnership with the Home Secretary and the Attorney-General.
www.dca.gov.uk /criminal/crimpr.htm   (0 words)

 Supreme Court of Ohio / Ohio Rules of Court / Rules of Criminal Procedure
This entirely new division of the rule incorporates the procedures for the issuance and judicial review of magistrates’ decisions that have been applied in civil and juvenile cases since 1995.  Although criminal matters present special constitutional and procedural issues when a magistrate is involved in such matters, the familiar procedures outlined in Civ.
Criminal Rule 21(B) was revised to mandate that the clerk for the court of common pleas transmit certified copies of indictments, information and all other papers in the case within three days after the transfer has been ordered.
These added procedures ensure the existence of a proper record, should an issue regarding juror questions be raised on appeal, and recognize that a question proposed by a juror may need to be rephrased for clarity, admissibility, or other reason appropriate under the circumstances.
www.sconet.state.oh.us /Rules/criminal   (0 words)

In a criminal case, the state has the burden of proving beyond a reasonable doubt that the defendant committed the alleged crime.
In all criminal cases, trial may be before a judge or jury, depending upon whether the defendant waived his right to a jury trial.
For offenders who have previously been convicted of one or more felonies, he or she must serve a specific percentage of the new sentence; the number of prior convictions determines the percentage of time that must be served before the inmate is eligible for parole consideration (§ 558.019, RSMo).
mova.missouri.org /crproc.htm   (0 words)

 Criminal Procedure
Provides that associated medical costs involved in the gathering of evidence in all criminal cases and in all child abuse and neglect cases are paid by the Commonwealth out of the appropriation for criminal charges.
Provides that in criminal cases tried by a jury, the jury shall be presented with completed sentencing guidelines worksheets prior to commencement of the sentencing phase of the trial.
Provides that it shall not be a criminal offense for a person to intercept a wire, electronic or oral communication where such person is the spouse, parent or guardian of one of the parties to the communication and the communication occurs using any telephone in the residence of such spouse, parent or guardian.
dls.state.va.us /pubs/summary/2000/summ2017.htm   (0 words)

The law on criminal procedure has the purpose of establishing the rules that shall be respected and strictly implemented in order to determine by law the existence of a criminal offense.
The prosecutor shall apply the procedure directly to the court in case where the convicted person is liable to a punishment of imprisonment not more than one year as the maximum term; if not, the prosecutor shall send the case to the investigating judge.
In any criminal jurisdiction, the clerk shall be responsible for writing a summary report of the hearing to allow the Appeal Court to effectively control the lawfulness of the proceeding, and to have a knowledge as compete as possible of the oral investigation during the hearing.
www.cdpcambodia.org /soclaw.asp   (0 words)

 Criminal Procedure
Provides that when a person who is charged with a criminal offense and is not free on bail is arrested on a capias, he should be brought before the court which issued the capias or, if not in session, to the district court.
Because the statute refers to the fact that the worksheets are, in some respects (i.e., distribution), to be treated in the same manner as presentence reports, confusion has arisen in some circuits over the need to seal the worksheet portion of the case record (as is done with presentence reports).
Establishes a procedure, based upon a 1996 Minnesota statute, for community notification regarding sex offenders who are currently required to register with the State Police upon their release from confinement.
dls.state.va.us /pubs/summary/1998/SUMINT17.HTM   (0 words)

 Criminal Procedure Code (Strafprozeßordnung, StPO)
Connected criminal cases of which individual cases would be under the jurisdiction of particular penal chambers pursuant to Section 74 subsection 2, Section 74a and Section 74c of the Courts Constitution Act, may be tried jointly by the penal chamber which enjoys precedence pursuant to Section 74e of the Courts Constitution Act.
For the duration of joinder the proceedings shall be governed by the criminal case within the jurisdiction of the court of higher rank.
(1) For connected criminal cases each of which, pursuant to the provisions of Sections 7 to 11, would be under the jurisdiction of different courts, venue shall be deemed to be established in each court having jurisdiction over one of the criminal cases.
www.iuscomp.org /gla/statutes/StPO.htm   (0 words)

 U.S. Department of State, Human Rights Reports for 1999   (Site not responding. Last check: 2007-10-07)
Under the revised Criminal Procedure Law, detained criminal suspects, defendants, their legal representatives, and close relatives are entitled to apply for a guarantor to enable the suspect or defendant to await trial out of custody.
A major flaw of the new Criminal Procedure Law is that it does not address the reeducation-through-labor system, which permits authorities to sentence detainees administratively without trial to terms of 1 to 3 years in labor camps.
The Criminal Procedure Law forbids the use of torture to obtain confessions, but one weakness of the law is that it does not expressly bar the introduction of coerced confessions as evidence.
www.unipeak.com /gethtml.php?_u_r_l_=aHR0cDovL3d3dy5zdGF0ZS5nb3Yvd3d3L2dsb2JhbC9odW1hbl9yaWdodHMvMTk5OV9ocnBfcmVwb3J0L2NoaW5hLmh0bWw=   (0 words)

 INDIANA RULES OF CRIMINAL PROCEDURE   (Site not responding. Last check: 2007-10-07)
In criminal actions and proceedings to enforce a statute defining an infraction, a motion for change of venue from the county shall be verified or accompanied by an affidavit signed by the criminal defendant or the prosecuting attorney setting forth facts in support of the constitutional or statutory basis or bases for the change.
Whenever in a criminal action an application for a change of judge has been timely filed and granted, the case shall be reassigned or a special judge shall be selected in accordance with Ind.Crim.
Petitions for an extension of time in criminal cases shall contain a concise statement of the status of the case including information as to whether the defendant has been released on bond, whether he is incarcerated and if incarcerated, the name of the institution.
www.in.gov /judiciary/rules/criminal   (0 words)

 No. 86 Of 1996: Criminal Procedure Amendment Act, 1996.   (Site not responding. Last check: 2007-10-07)
An accused or his or her legal adviser or the prosecutor may in criminal proceedings admit any fact placed in issue at such proceedings and any such admission shall be sufficient proof of such fact.".
(1) A court before which criminal proceedings are pending shall investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution, the accused or his or her legal adviser, the State or a witness.
This Act shall be called the Criminal Procedure Amendment Act, 1996, and shall come into operation on a date determined by the President by proclamation in the Gazette.
www.polity.org.za /govdocs/legislation/1996/act96-086.html   (0 words)

 Department for Constitutional Affairs - Legal Policy - Advisory Bodies   (Site not responding. Last check: 2007-10-07)
A new Committee was established in June, 2004, to make rules of procedure for all criminal courts in England and Wales, up to and including the Court of Appeal (Criminal Division).
The Criminal Procedure Rule Committee acts as a single forum for the review of criminal court procedures and the development of modern and simply expressed rules.
The judicial representation on the Committee reflects the underlying principles of establishing procedures for all the criminal courts and for any rules to be made with focus on the efficient running of a trial.
www.dca.gov.uk /dept/rulecomms/criminalprc.htm   (0 words)

 CJA 355 - Evidence and Criminal Procedure   (Site not responding. Last check: 2007-10-07)
This course is designed to give students an understanding of the major aspects of the law of criminal procedure, the purposes behind that law and how that law impacts the search for, the gathering of, and the use of evidence in criminal cases.
The constitutional provisions which are the source of much of the law of the criminal procedure, and the courts' interpretations of those provisions, will be closely examined.
Accordingly, written judicial opinions will be read and briefed so the students may obtain a knowledge of the law of criminal procedure enunciated in them, or interpreted by them, and the reasoning behind the decisions reached.
www.mnsfld.edu /~crimjust/cja355.html   (0 words)

 CJ: Investigative Criminal Procedure
Criminal Procedure I (formerly Criminal Justice: Investigative Criminal Procedure)
Some coverage will also be given to the role of victims at this stage of the procedure.
This is a bar course, and it is a graduation requirement for those who entered Fall '98 or later.
www.lclark.edu /dept/lawreg/law017.html   (0 words)

 Amazon.com: Criminal Procedure: Constitution and Society (3rd Edition): Books: Marvin Zalman   (Site not responding. Last check: 2007-10-07)
It soars past other texts by giving the reader a deeper understanding of criminal procedure and the cases that have shaped American criminal justice.
As the preface states, "The heart of American law lies in the cases." The heart of the American criminal justice system, therefore, lies in the way that these cases shape our understanding of crime and constitutionality.
Criminal Procedure: Constitution and Society presents these issues fairly and thoroughly, with additional features that are uniquely tailored to students in criminal justice, criminology, sociology, and political science.
www.amazon.com /exec/obidos/tg/detail/-/0130892785?v=glance   (0 words)

 Criminal Procedure - Legal Information
Criminal Procedure The process underlying warrants, arrest, charging, pretrial release, plea bargains, trial, and sentencing of criminal defendants.
Issues relating to the sentence given to a defendant at the conclusion of a criminal prosecution.
Procedural and evidentiary issues in the trial of a criminal case.
www.expertlaw.com /forums/forumdisplay.php?f=26   (0 words)

 Criminal Procedure FAQ   (Site not responding. Last check: 2007-10-07)
The basics of a criminal prosecution, including presumption of innocence, trial by jury, felonies, misdemeanors, conviction and innocence.
What standard is used in criminal trials to prove a defendant is guilty?
In some states, certain crimes, called "wobblers," may be considered either a misdemeanor or a felony, because under some conditions the punishment may be imprisonment for less than a year, and in other situations, the criminal may go to prison for a year or more.
www.nolo.com /article.cfm/objectID/F90C5070-580C-4966-8D9185D053BD1F2E/104/143/216/FAQ   (0 words)

 Literature on German criminal law in English: III. Criminal Procedure   (Site not responding. Last check: 2007-10-07)
BÖTTCHER, R., The relations between the organization of the judiciary and criminal procedure in the FRG.
HUBER, B., Human rights and criminal law: the impact of the European Court of Human Rights on the administration of justice of its members.
MEYER, H. H., German criminal procedure: The position of the defendant in court.
www.iuscrim.mpg.de /forsch/straf/lit/e_bib3.html   (0 words)

 Untitled Document   (Site not responding. Last check: 2007-10-07)
After an alleged crime is investigated, the police initiate the criminal process by filing a complaint with the district justice or by making a warrantless arrest followed by the filing of a complaint.
The court's probation department prepares a report for the judge summarizing the crime, and the defendant's personal and criminal backgrounds.
Most often, sentences are at the judge's discretion; however, in Pennsylvania there are a number of mandatory minimum sentences that must be imposed if a defendant is convicted of a specified crime.
www.da.allegheny.pa.us /CriminalProcedure.htm   (0 words)

 Wyoming Rules of Criminal Procedure   (Site not responding. Last check: 2007-10-07)
The procedural rules applicable to county grand juries shall apply to state grand juries except when inconsistent with the provisions of this subdivision.
The court shall confer with counsel concerning the timing and procedures to be used for disseminating questionnaires and collecting completed questionnaires from prospective jurors, as well as to permit counsel adequate time and opportunity to review the completed questionnaires thoroughly before jury selection will begin.
In its discretion the court may require that the costs of copying, disseminating and collecting the questionnaires be borne (1) by both parties, (2) by the party requesting use of the questionnaires, or (3) by the court.
courts.state.wy.us /RULES/Criminal%20Procedure.html   (0 words)

 Colorado State Judicial Branch - Rules of Criminal Procedure Committee
These rules govern the procedure in all criminal proceedings in all courts of record in Colorado.
The Rules of Criminal Procedure are intended to “provide for the just determination of criminal proceedings.
They shall be construed to secure simplicity in procedure, fairness in administration, and the elimination of unjustifiable expense and delay.” Rule 2, Colorado Rules of Criminal Procedure.
www.courts.state.co.us /supct/committees/rulescriminalprocedure.htm   (0 words)

 Carolina Academic Press - Comparative Criminal Procedure
This casebook on comparative criminal procedure presents a topical approach to the subject, focusing on the roles of public prosecutors, police, victims, and the defense attorneys in the investigation of criminal cases and trials up through the judgment phase.
Thaman presumes a knowledge of American criminal procedure in the sections that focus on important cases from the European Court of Human Rights; the United Kingdom; and the author’s translations of cases and statutory texts from decisions of the high courts in France, Germany, Italy, Spain, and Russia.
Unique in Thaman’s approach is his use of high court jurisprudence in English translation to elucidate the European approach to important, and often controversial, areas of criminal procedure, as well as his linking of criminal procedure with its roots in substantive criminal law.
www.cap-press.com /books/1144   (0 words)

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