Criminal procedure


Criminal procedure

Criminal procedure refers to the legal process for adjudicating claims that someone has violated criminal law.

Contents

Basic rights

Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.

Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer").

See also

References

Further reading

  • Israel, Jerold H.; Kamisar, Yale; LaFave, Wayne R. (2003). Criminal Procedure and the Constitution: Leading Supreme Court Cases and Introductory Text. St. Paul, MN: West Publishing. ISBN 0314146695. 

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Look at other dictionaries:

  • criminal procedure — n: the steps taken and methods used in bringing and conducting a criminal action; also: a course of study in the rules of procedure in criminal actions Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. criminal procedure …   Law dictionary

  • criminal procedure — The rules of law governing the procedures by which crimes are investigated, prosecuted, adjudicated, and punished. Generic term to describe the network of laws and rules which govern the procedural administration of criminal justice; e.g. laws… …   Black's law dictionary

  • criminal procedure — noun The legal process for adjudicating claims that someone has violated criminal law …   Wiktionary

  • criminal procedure — court trial, proceedings of a criminal court trial …   English contemporary dictionary

  • criminal procedure — Court practice connected with criminal prosecutions …   Ballentine's law dictionary

  • Criminal Procedure Act — (with its variations) is a stock short title used for legislation relating to criminal procedure in Hong Kong, the Republic of Ireland, South Africa and the United Kingdom. The Bill for an Act with this short title may have been known as a… …   Wikipedia

  • Criminal Procedure Code, 1973 (India) — Criminal Procedure Code, 1973 Criminal law in India An Act to consolidate and amend the law relating to Criminal Procedure. Citation Act No. 2 of 1974 Enacted by …   Wikipedia

  • Criminal Procedure Act, 1977 — Act to make provision for procedures and related matters in criminal proceedings. Citation Act No. 51 of 1977 Enacted by …   Wikipedia

  • Criminal Procedure Act 1865 — The Criminal Procedure Act 1865[1] Parliament of the United Kingdom Long title An Act for amending the Law of Evidence and Practice on Criminal Trials …   Wikipedia

  • Criminal Procedure (Hong Kong) — Every society has its own sets of moral standards and expectations. Different legal systems and laws develop and evolve based on these moral standards and expectations. Following the common law system introduced into Hong Kong when it became a… …   Wikipedia


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