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Criminal procedure refers to the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge and results in the conviction or acquittal of the defendant.

Basic rights[edit]

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[edit]

References[edit]

Further reading[edit]

  • 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 0-314-14669-5. 

Original courtesy of Wikipedia: http://en.wikipedia.org/wiki/Criminal_procedure — Please support Wikipedia.
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1559 news items

Courthouse News Service

Courthouse News Service
Fri, 01 Aug 2014 06:41:15 -0700

The complaint states: "When Judge Burd finished giving Mr. Waller his Rule 5 advisement under the Colorado Rules of Criminal Procedure, Mr. Waller began to politely address the Court in a normal and subdued voice as follows: "'Waller: I'd like to ...

Food Safety News

Food Safety News
Thu, 31 Jul 2014 22:03:45 -0700

In his latest motion, Bondurant claims that government attorneys are in violation of the Federal Rules of Criminal Procedure because they have not responded to “repeated requests for discovery” of materials related to 14 expert witnesses the ...
 
Times of India
Fri, 01 Aug 2014 15:41:15 -0700

A bench of Justices Dipak Misra and P C Ghose said when a government, through the public prosecutor, made an application seeking permission of the trial court under Section 321 of the Criminal Procedure Code to withdraw a case, "the court cannot give ...
 
Odessa American
Fri, 01 Aug 2014 16:03:45 -0700

In the first three weeks of the program, the recruits were tested on the U.S. Constitution, the Code of Criminal Procedure and fitness and wellness. “They let us know from the get-go that if you don't study, you will fail,” Gonzalez said, adding that ...
 
Texas Lawyer
Thu, 31 Jul 2014 12:41:15 -0700

App. 2012) (refusing to address appellant's right to public trial claims under the Texas Constitution and Code of Criminal Procedure because appellant failed to brief those arguments and authorities separately from his arguments under the United States ...

Economic Times

Lexology (registration)
Fri, 01 Aug 2014 08:22:30 -0700

Microsoft and Verizon have argued that neither Rule 41 of the Federal Rules of Criminal Procedure (which outlines the rules governing search warrants generally) nor the Stored Communications Act(which sets out the rules governing access by law ...

The Express Tribune

The Express Tribune
Fri, 01 Aug 2014 12:41:15 -0700

Such was the loss of life and the gravity of the situation that the Sindh government imposed Section 144 of the Criminal Procedure Code in an effort to limit the casualty figures. PHOTO: AFP. It is rare to be able to quote a police official and be ...
 
Hindustan Times
Thu, 31 Jul 2014 10:48:45 -0700

... had arrested Gaurav within 12 hours of the crime. The victim in her statement to the court under section 164 of the Criminal Procedure Code had deposed that the accused beat her up after she tried to raise an alarm when the accused forced himself ...
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