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Criminal Procedure
1. Criminal procedure, also called the criminal process, is the mechanism through which crimes are investigated, the guilt of criminals adjudicated, and punishment imposed. Criminal procedure makes the criminal law work. Criminal law defines what conduct is criminal and prescribes the punishment for criminal conduct. Criminal procedure aims to make sure that criminal sanctions are applied only to those who are guilty, and only through procedures that are recognized as fair. One goal of the criminal process is to punish the guilty, but other goals are to protect the innocent and to ensure that even the guilty are protected from abuse by the government.
2. The stages in criminal procedure are investigating, prosecuting, trying, deciding guilt, sentencing and carrying out the sentence. Different bodies can be given one of these jobs. For example, the police can be in charge of investigating the crime; a prosecution service of prosecuting; the judges of presiding over the trial; a jury of deciding whether to convict; an appeal court of settling whether the trial was fair; a prison service of carrying out the sentence if the suspect is convicted and sentenced to prison.
3. No one authority (police, prosecution, judge, jury, prison service) should have too much power. State powers should be sliced up, and the slices should be able to keep a check on one another. The police will not be able to prosecute unless they can persuade the prosecution service that there is a strong case. The judge will if necessary rule at the trial that the prosecution has not produced enough evidence. If the jury think the judge has shown bias during the trial they will probably acquit the suspect even though they might otherwise convicted him. If the suspect is convicted but thinks the procedure has been unfair he can persuade the government to advise the head of state to pardon him.
Определите основную идею текста.
Criminal punishment of persons who have committed crimes is known to be one of the forms of state fight against crime.
The mechanism of criminal procedure includes the police, prosecutor, defense attorneys, and courts, and legal rules that govern them.
The separation of powers that is observed in criminal procedure helps the authorities to keep a check on one another.
The objectives of criminal procedure are to convict the guilty and acquit the innocent, and to punish suitably those found guilty.
