The monopoly of the State for the prosecution of criminal offences is called law enforcement. Law enforcement in advance is carried out by law enforcement agencies such as the public prosecutor’s Office and their investigation agents during the investigation. Finally the prosecution is assessed by courts that deliver a judgment.
These institutions have the monopoly to restrict fundamental rights of a suspected, without prejudice, as the basis of the presumption of innocence applies up to the final conviction. These are constitutional principles applicable by law. A persecution of individuals or of social groups by State bodies, which adheres to the rules, is regarded as a political or religious persecution. With the rule of law, there is obligation to perform the investigation justifiable shortly, to either set or lift charges.
These activities are exercised by the participants of criminal proceedings, such as prosecutor, investigator, the head of the investigative body, the head of the inquiry, the private prosecutor, the victim, his agent, his legal representative, the civil claimant and his representative.
However, the nature of their work, the extent of authority and means of implementation of the function of criminal prosecution differ depending on the nature and gravity of the offence, the stage of criminal proceedings, internal convictions.
The law on criminal procedure refers to three distinct types of criminal prosecution: public, private public, and private the nature and gravity of the offence committed are the criteria for such prosecution division.
They are only applicable by the victim or his legal representative request, but the case termination in respect of the reconciliation between the victim and the accused are not eligible. However, the exception is the rule is provided by the code of criminal procedure, according to which the Court, as well as an investigator with the consent of the head of the investigative body or person conducting an initial inquiry, with the consent of the Attorney General is entitled on the basis of statements by the victim or his legal representative to discontinue criminal proceedings against persons suspected or accused of committing of a minor or moderately serious offence, if the offence is committed for the first time, and there is reconciliation with the victim and making up of the damage.
The proceedings are carried out in the manner prescribed by the criminal procedure legislation.
The trend of strengthening effect of criminal proceedings is reflected in the institution of criminal proceedings. Compared with the previous legislation on criminal procedure, the circle of private-public prosecution was extended that is applicable not only by victims but also by their legal representatives.
Expansion of private criminal proceedings is consistent with the spirit and purpose of contemporary criminal procedure law, because the CCP is focused, first of all, not to a full and prompt disclosure of crimes, but on protection of the rights and legitimate interests of individuals and organizations, victims of crimes.
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