Criminal procedure

The criminal trial is a court process to enforce the criminal claim.

Types

Comparative law can distinguish three ideal types of criminal proceedings turn out.

The inquisitorial criminal type is characterized by the fact that all the information necessary for decision-making are gathered from governmental agencies (official investigative or inquisitorial principle ), which are also means of coercion available.

For the adversarial criminal type is characteristic that it is - is for the parties ( ie, the government or private accuser and the accused ) to gather the information for decision making, based on which the court decides as an impartial third-party - similar to the civil proceedings.

In consensual criminal type, finally, the process is done through the formal submission of the accused under the Criminal offer a governmental body. It often is a negotiated between the state and the side of the accused offer ( "Deal ").

The inquisitorial criminal type was continental European long prevalent, but received lately too adversarial and especially consensual trains.

As an alternative to conventional criminal proceedings the concept of restorative justice can be called, which is an alternative form of conflict transformation.

Criminal Procedure Law

The Criminal Procedure Law regulates the management of criminal proceedings. To criminal law in the various jurisdictions:

  • Criminal law ( Germany ), see also Code of Criminal Procedure ( Germany )
  • Code of Criminal Procedure ( Liechtenstein )
  • Criminal Procedure Law (Italy )
  • Criminal Procedure Law ( Austria ), see also Code of Criminal Procedure ( Austria )
  • Criminal Procedure Law ( Switzerland ), see also Code of Criminal Procedure ( Switzerland )
  • Criminal Procedure Law (United States)
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