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Thursday, 26 August 2010 07:21

Steps of criminal trial
S. B. Mohammadi


According to nature of action, two different kinds of procedure law are used in courts: civil and criminal procedure law. A definite distinction made between criminal and civil proceedings is innocent presumption in criminal cases. That means in criminal trail accused person is presumed innocent unless his guilt is proved by evidence. In spite of this fact, a criminal system can be imagined as a machine that its input is crime and its output is punishment. This machine works in significant process called steps of criminal trial. Detection, prosecution, trial and execution are steps of this process.
Detection: To start a criminal trial, at first a crime should be discovered by police or reported by other peoples. The statistics related to discovered crimes, only show few amounts of committed crimes and real committed crime are several times more than statistics. Anyhow, the police should record discovered crimes and for beginning second step refer the case to the inspector.
Prosecution: This step starts with investigating from defendants, plaintiffs and witnesses. The inspector writes their claims and records them. He tries to find convincing evidences, and consequently offender. The inspector writes his investigations and his view about conviction of defendant. If he determine defendant as a convicted will refer the case to the Public Prosecutor to plead suit against defendant in court.
Trial: In the Western criminal system, in relation to the more serious offences at least, a criminal case will involve a judge and jury, while in the Islamic criminal system it involves only a judge. He makes decision about defendant conviction and pronounces a judgment. Of course, it is not the end of trial and convicted can ask for revision from higher courts, like the Supreme Court in murder cases.
Execution: A sentence is referred to the executing officer if confirmed after revision, and it is the end of criminal case: punishment.
This order is observed in most criminal systems with a few distinctions. Finally, I wish the crimes decreased day by day, though the crime is unavoidable element of every society,


 

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كليه منابع اين سايت متعلق به موسسه جامعة المصطفي مي باشد و هر گونه كپي بدون ذكر منبع غير مجاز مي باشد