In any relationship there are subjects. Their interaction may be of a different nature. Depending on him, in turn, a specific circle of subjects of certain relations is determined.
Criminal proceedings
It is a specific activity.authorized bodies. It is connected with the initiation of cases, investigation, consideration and resolution of them in court. This activity has a public law nature. Its implementation is carried out strictly within the law.
Normative base
The Code of Criminal Procedure provides principles of criminal justice. On their basis, the authorized bodies carry out their activities. They are conventionally divided into 2 categories. The first includes principles of criminal justicedefining the freedoms and rights of citizens. These include:
- The presumption of innocence.
- Providing the suspect / accused of the right to defense.
- The inviolability of the person, home, privacy.
- Protection of dignity and honor.
In addition, the law contains principles that determine the procedure for legal proceedings. Among them:
- Legality in the conduct of affairs.
- Administration of justice exclusively by the court.
- Competitiveness, equality of subjects involved in the proceedings.
- Freedom to evaluate the evidence presented.
- The right to challenge issued acts.
As you can see, most of the above provisionsrelate to the participants of the proceedings. The law defines the range of subjects that can be involved in the case at different stages. Consider them in more detail.
The concept and classification of participants in criminal proceedings: general information
Issues related to persons involved in casesalways attracted the increased interest of lawyers. In Article 5 of the Code of Criminal Procedure there is a general definition of them. According to the norm, the participants of the proceedings are the subjects who are involved in the direct examination of the case. Accordingly, their range can be quite wide. The concept and classification of participants in criminal proceedings - categories with great practicalvalue. Persons involved in cases may include government agencies, individuals, officials, legal entities, foreigners, non-citizens. The unifying feature is the fact that they are all involved in the case to one degree or another.
Tasks
The concept and classification of participants in criminal proceedings allow us to identify a number of functions that can be performed by subjects involved in cases. In particular, individuals may:
- Implement a specific procedural task.
- To exercise duties and rights in accordance with their status.
- Enter into legal relations with various government agencies and employees involved in the administration of justice.
General separation of subjects
Currently, the legislation is clearly fixed concept and classification of participants in criminal proceedings. The latter is based on the adversarial procedure of the case. The legislative separation of the subjects involved in the review is carried out into the following groups:
- Court. In criminal proceedings, this body is authorized to consider the case.
- Charge. Rules provided participation of the prosecutor in criminal proceedings, his deputy, investigator, investigator, victim. This group includes civil plaintiff, private prosecutor, their representatives, including legal ones.
- Protection. This group is primarily included lawyer. In criminal proceedings protection functions can be performed by representatives of the accused. In addition, this group includes directly the person prosecuted and the civil respondent.
- Auxiliary participants in criminal proceedings. These include the secretary, witnesses, experts, translators, specialists, and so on.
Alternative separation
Differentiation of subjects can be carried out depending on the specifics of interests, their purpose and role. On these grounds, the following groups are distinguished:
- Госорганы и служащие, от работы и принятых whose decisions will depend on the course and outcome of the case. The list of subjects included in this group is considered to be exhaustive. It includes: bodies of inquiry / investigation, their employees, including leaders, prosecutors and deputies, judges.
- Subjects with personal material and procedural interests. This category includes major participants in criminal proceedings. Among them:suspects / defendants, victims, private prosecutor, civil defendant and claimant. These participants - parties to criminal proceedings - are involved in almost all stages of the process. The legislation provides them with ample opportunities in terms of protecting their freedoms and rights.
- Subjects with no personal interest butspeaking on behalf of parties to legal proceedings. This group includes a lawyer, representatives of the victims, a private prosecutor, a suspect, civil plaintiffs and defendants, suspects, defendants. The same category includes persons acting on behalf of minors, fully or partially incapable participants of the process.
Representation
Protection of the freedoms and rights of various participants in the criminalProceedings having a personal interest in the process are ensured by engaging individuals acting on their behalf. A representative office acts as a legal institution providing for special opportunities or responsibilities of a certain category of subjects. Some of these persons specialize in providing qualified legal assistance. Other representatives are involved in the process according to the provisions of the law.
Kinds
В уголовно-правовой теории различают два типа Representative offices: contractual and legal. In the first case, the subjects enter into an agreement. Legal representation implies participation in legal proceedings on the basis of the provisions established in regulatory enactments. A defender acts on behalf of the suspects, the accused, the convicted, the defendants or those acquitted in the process. According to Articles 45 and 55 of the Code of Criminal Procedure, lawyers may represent the private prosecutor, the victim, civil plaintiffs and the defendants. Other persons authorized by law are entitled to speak in defense of the interests of the subjects involved in the process. In accordance with the decision of the magistrate, the representative of the victim, civil plaintiffs / defendants, private prosecutors may be one of the relatives or a person whose specified subjects apply for admission to the proceedings.
Protection of interests of certain categories of citizens
Особое значение на практике имеет обеспечение protection of the freedoms and rights of minors and persons mentally or physically unable to act independently on the process. According to the norms, to protect their interests, their representatives (legal ones including) are involved. It should be noted that the provisions of procedural law prescribe the mandatory participation of these persons in criminal proceedings involving crimes committed by minors. The corresponding rule establishes article 48 of the Code of Criminal Procedure. Legal representatives are:
- Parents.
- Trustees.
- Adopters.
- Custodians
- Representatives of institutions where a minor is located.
- Guardianship and Trusteeship.
Persons speaking on behalf of civiliansdefendants / plaintiffs, victims, private prosecutors, have the same procedural rights as the subjects they represent. The personal participation of the latter does not deprive them of the opportunity to involve citizens to protect their interests in court.
Subjects - sources of evidence
This category of participants includes:
- Witnesses.
- The experts.
- Professionals.
These individuals are outside the categoriesdiscussed above. This is due to the fact that the testimony of the accused, victims, suspects, convicted, acquitted, private prosecutors and other citizens also act as a means of proof. Of particular importance are the opinions of experts and experts. They act as confirmation or refutation of the conclusions made during the investigation. Before these subjects, the court raises certain questions. The opinion of experts / specialists serves as additional evidence, which the authority authorized to hear the case takes into account when making the final decision. As for the witnesses, they can be brought both by the prosecution and by the defense. To do this, the court filed a petition. All persons involved in the process are warned about the responsibility for false testimony, as well as the right not to testify against relatives and themselves.
Promotional bodies and employees
This category of participants in the proceedings is considered the most numerous. For example, it includes:
- Correctional facilities, their leadership.
- Judicial medical and psychiatric hospitals, their administration.
- Understand, secretary, etc.
Heads of specialized agencies are involved in the process in cases stipulated by law. The court makes an appropriate decision about it.
