In addition to the Constitution, regulates rights and obligations in criminal proceedings before a court? The criminal lawyer in winnipeg will give you some points on this.
The procedure is regulated by the Criminal Procedure Code.
2. What is covered by this regulation?
The Code regulates the procedure in which criminal responsibility is determined and the perpetrator of a criminal offense is sentenced.
3. Who can be prosecuted?
Every natural, human being who is alive, from the age of 14 and is not exempt from criminal responsibility can be held responsible for a crime.
4. Who initiates criminal proceedings?
In most cases, the procedure is initiated by the state prosecutor, and possibly the injured party as a prosecutor and a private prosecutor. The act initiating the procedure is:
- private lawsuit.
5. What is a public prosecutor?
The public prosecutor is at the same time a party and an independent state body that has the right and duty to prosecute perpetrators of criminal acts in the general interest. First of all, he has the right to ask the court to conduct an investigation, to file an indictment or an indictment, to represent the prosecution during the criminal proceedings and to file legal remedies. He also manages pre-trial proceedings.
6. Does the public prosecutor care about the rights in the proceedings?
The public prosecutor is obliged to work in the general interest and to advocate in the procedure for the adoption of a correct and lawful court decision, regardless of whether it is to the detriment or in favor of the defendant. Therefore, he must work objectively in the procedure, he can be exempted when there is a doubt in his impartiality, he has the right to ask for legal help from other state bodies, he does not bear the costs of the procedure, etc.
7. When does it depend on whether criminal proceedings will be initiated?
The public prosecutor is authorized to assess in each individual case whether the real and procedural preconditions for initiating criminal proceedings have been met, so that it depends on him, and not on the court, whether there will be prosecutions and whether they will be completed.
8. Who is considered an injured party?
A person whose personal or property right has been violated or endangered by a criminal offense is considered injured.
The status of a subsidiary prosecutor (injured party as a prosecutor) can also be acquired by certain persons close to the injured party, if he dies during the deadline for taking over the prosecution or during the procedure at his request.
His spouse, children, parents, adoptive parents, adoptive parents, siblings may, within three months from the death of the injured party, take over the prosecution or give a statement to continue the procedure.