The objective of criminal law would be to exert social control. It aims at discouraging behavior that is detrimental to the well being of the society as well as behavior that challenge the government’s authority and legitimacy.
The criminal laws and punishments are very put up that they become deterrents and assist in restraining behavior of the people. With criminal laws handling the establishing of procedures for punishing offenders their state and not the victim (who may be seeking vengeance) hands down the punishment.
The criminal charges are filed and the criminal proceedings take place in a series of stages. It is the police who respond and take action to any citizen’s complaint lodged. The authorities can also feel suspicious and in such case they investigate, defeat statements from various important witnesses and based on the findings make ready a report. They could arrest people throughout the course of the investigation. Strafrechtskanzle They might alternatively (as is normally the case) complete the report and submit it to the prosecutor’s office for evaluation. It will be the prosecutor who is going to be deciding whether criminal charges is going to be filed against any suspect named in the police report. The procedures for filing charges, however, vary among jurisdictions.
There are a few jurisdictions giving greater discretionary powers to the police in charging defendants with specific crimes while others is there that provide greater powers in this regard to the prosecutor. After being stopped by the police the individual concerned i.e. the defendant may be ticketed for a’civil infraction’or may be ticketed or arrested for a’misdemeanor’or perhaps even be arrested for a’felony ‘. It can be that the police may be arresting a person while alongside recommending a particular charge, yet, criminal charges usually are chosen solely by the prosecutor’s office
The process of criminal justice begins by having an alleged crime. The authorities investigate upon the allegation that the complainant makes. The authorities, in this instance, act whilst the agent of the government. A complaint or an indictment- a conventional charging document as brought by the grand jury is filed with a court in the correct jurisdiction.
A prosecuting attorney represents the interests of the state. The interests of the defendant are represented by the defense attorney or by the defendant pro se i.e. the defendant acting as his/her own attorney. The process culminates with a jury trial irrespective of local laws that could be accompanied by mandatory or discretionary appeals to raised courts. The criminal lawyer allows you to aware of one’s rights with the police, your rights in the courtroom and your rights upon conviction.