LEFISPedia

Criminal Procedure: a kind of national activity of judiciary in criminal case, i.e. it is a series of activities of exposing crime, confirming crime and punishing criminal under law by the state judiciary with the participation of the parties and other participants in the proceedings.

Criminal procedure law: the general legal system concerning legal norms of criminal proceedings developed by the state according the experience acquired in the practice of criminal procedure. The purpose of the Criminal Procedure Law (purpose): the starting point and the results of pursuit that state develops and implements procedural law.

Some concept related criminal procedure:

• The court: on behalf of the State to exercise judicial jurisdiction.
• The procuratorate: on behalf of the State to exercise prosecutorial power or the judicial function of legal supervision.
• Public security organs (police): the national executive, is an integral part of people's governments at all levels and the department of government which is responsible for social and public security.
• Parties: victims, private prosecutors, criminal suspects, defendants, plaintiffs and defendants in civil litigation attached the criminal case.
• Victims: the person who is violated by the crime directly.
• Private prosecutor: an individual called for the prosecution directly to the court proceedings and accused the party of criminal.
• Suspect – the individual who is suspected of committing a crime and would be investigated and prosecuted.
• Defendant: the party who has been formally charged or accused of violating a criminal statute.
• Witness: someone who has first hand knowledge about a crime or significant event through his or her senses (e.g. seeing, hearing, smelling, touching) and can help certify important considerations about the crime or event.
• Forensics: the application of a broad spectrum of sciences to answer questions of interest to a legal system in criminal procedure.
• The basic principle of criminal procedure: the basic code of conduct which the People's Court, People's Procuratorate and the public security organs, etc. must comply with in criminal procedure.
• Prosecutorial power: the special power of supervising the compliance with the implementation of law.
• Jurisdiction - the power of case trialing and sentencing.
• Investigation – the activities of collecting evidence, exposing and confirming crime, seize criminals with power of using coercive measures.
• Presumption of innocence - any person, without a court decision or determination made according to the law entered into force declared guilty verdict, should be presumed innocent.
• The right of defense: criminal suspects and defendants to contest and defend against the allegations, indicating his innocence or should be exempted from punishment, to protect their legitimate rights and interests of rights.
• Criminal procedure jurisdiction: the authority and competence of directly accepting criminal cases by People's Court, People's Procuratorate and the public security organs.
• Avoidance: a procedure system that provides if some has interest in the same case or other special relationship between the investigative, prosecutorial and judicial and other personnel shall not be involved in the case of a litigation..
• Defense system: a system that allows the suspect and the defendant they themselves or entrust others to against the allegation or to prove his innocence or should be given a lighter or mitigated punishment.
• Criminal evidence: any facts that should be collected and verified by police, detective, proscuratorate and judge, as well as can demonstrate the truth of the criminal case.
• Physical evidence: any evidence that is left after criminal activity has taken place, in other words any staffs and physical traces that can proof the real situation of the criminal case.
• Documentary evidence: any document, paper or other material, which can be used to demonstrate the true circumstance of the case by the ideological content which written or expressed in it.
• A witness is someone who has first hand knowledge about a crime or significant event through his or her senses (e.g. seeing, hearing, smelling, touching) and can help certify important considerations about the crime or event. A witness who has seen the event first hand is known as an eyewitness. Witnesses are often called before a court of law to testify in trials.
• Issue a warrant: it is a method that the public security organ, the People's Procuratorate and the courts force the criminal suspect and defendants to the designated place to accept investigation and inquiry for the purpose of finding out the truth of the criminal case.
• Bail: the public security organ, the People's Procuratorate and the People's Court ordered the suspect, the defendant guarantor or to pay the deposit.
• Residential surveillance: it is a method of monitoring the activities of the suspect and the defendant during the criminal proceeding. In this way public security organ, the People's Procuratorate and the People's Court ordered the suspect and the defendant shall not leave the residence or a designated residence without permission.
• Arrest: it is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime or harm to others and oneself as well by the order of public security organ, procuratorate or the court.
• Search: in order to find incriminating evidence public security organ, prcuratorate and the court can examine a person’s physical body, property, abode, or other area where the person would have an expectation of privacy. To search, the executing officer should produce a search warrant; however, searching could be executed without warrant in emergency circumstance in the execution of arrest and detention.
• Seize: to put in possession of property or vest with the right of possession or succession or to take possession or custody of (property) esp. by lawful authority.
• Wanted: if suspect should be arrested is at large, the public security organ may issue a warrant and take effective measures to pursue him.
• Probation: is a sentence which may be imposed by a criminal court, in lieu of incarceration. A criminal who is “on probation” could be considered as convicted of a crime, but has served only part of the sentence in prison, or has not served time at all.
• Conditional release: A release from custody which imposes regulations on the activities and associations of the defendant. If a defendant fails to meet the conditions, the release is revoked.

Autor: YAJUN ZHANG