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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]


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. 

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1112 news items

The Diplomat

The Diplomat
Wed, 20 Aug 2014 14:22:30 -0700

Nor does it eliminate exceptions to notification requirements in China's inadequate Criminal Procedure Law, which, in cases of alleged endangering of national security or suspected terrorist activities, exempts China's investigators from the obligation ...
Massachusetts Lawyers Weekly
Wed, 20 Aug 2014 12:41:15 -0700

20 docket entry on Kadyrbayev's case states that U.S. District Court Judge Douglas P. Woodlock has set the matter up for a change of plea hearing under Federal Rule of Criminal Procedure 11. In an email to Lawyers Weekly, Kadyrbayev's New Jersey lawyer ...
Newswise (press release)
Wed, 20 Aug 2014 09:07:30 -0700

Race and the Law, Civil Rights: Donald Tibbs, JD, PhD, associate professor of law, focuses on the overlapping issues of race, law, civil rights and criminal procedure. He is the author of From Black Power to Prison Power: The Making of Jones v.
Knoxville News Sentinel
Wed, 20 Aug 2014 08:22:30 -0700

Police refused to provide the incident report of the episode, sought in a News Sentinel public records request. That denial is based on the department's assertion the report falls under guidelines of the Tennessee Rules of Criminal Procedure and isn't ...
Texas Lawyer
Wed, 20 Aug 2014 12:41:15 -0700

Rule 5 of the Federal Rules of Criminal Procedure requires that "[a] person making an arrest within the United States must take the defendant without unnecessary delay before a magistrate judge." Fed. R. Crim. P. 5(a)(l)(A). Rule 5 codifies the common ...

InSerbia News

InSerbia News
Thu, 14 Aug 2014 04:15:00 -0700

BELGRADE – The Serbian government will discuss the bill of amendments to the Code of Criminal Procedure whereby the participation of Serbian volunteers in war clashes abroad would be treated as a criminal act, Serbian Minister of Trade and ...
Rockdale Citizen
Wed, 20 Aug 2014 09:41:15 -0700

... hours of Basic Mandate training. At the completion of Trooper School, cadets have received over 1,500 hours of training, including driving, defensive tactics, vehicle stops, Spanish, criminal law and criminal procedure, firearms and accident ...
Indian Express
Wed, 20 Aug 2014 14:22:30 -0700

Delhi State Legal Services Authority (DLSA) has moved the Delhi High Court to strike down a provision of the Criminal Procedure Code (CrPC) over reports of persons being detained in jail even after their acquittal due to this legal formality. Section ...

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