The objective of criminal law is always to exert social control. It aims at discouraging behavior that’s detrimental to the well being of the society along with behavior that challenge the government’s authority and legitimacy.
The criminal laws and punishments are very set up that they act as deterrents and aid in restraining behavior of the people. With criminal laws handling the establishing of procedures for punishing offenders the state and not the victim (who may be seeking vengeance) without doubt the punishment.
The criminal charges are filed and the criminal proceedings take invest some stages. It’s law enforcement who respond and take action to any citizen’s complaint lodged Strafrecht. The police can also feel suspicious and such case they investigate, remove statements from various important witnesses and on the basis of the findings make ready a report. They can arrest people during the course of the investigation. They could alternatively (as is usually the case) complete the report and submit it to the prosecutor’s office for evaluation. It will be the prosecutor who will undoubtedly be deciding if criminal charges will undoubtedly be filed against any suspect named in law enforcement report. The procedures for filing charges, however, vary among jurisdictions.
There are several jurisdictions that give greater discretionary powers to law enforcement in charging defendants with specific crimes while others are there that provide greater powers in this regard to the prosecutor. After being stopped by law enforcement the individual concerned i.e. the defendant may be ticketed for a’civil infraction’or may be ticketed or arrested for a’misdemeanor’or maybe even be arrested for a’felony ‘. It can be that law enforcement may be arresting an individual while alongside recommending a particular charge, yet, criminal charges are generally chosen solely by the prosecutor’s office
The process of criminal justice begins by having an alleged crime. The police investigate upon the allegation that the complainant makes. The police, in this case, act while the agent of the government. A criticism or an indictment- a conventional charging document as brought by the grand jury is filed with a court in the right jurisdiction.
A prosecuting attorney represents the interests of the state. The interests of the defendant are represented by the defense attorney or by the defendant pro se i.e. the defendant acting as his/her own attorney. The process culminates with a jury trial no matter local laws that may be followed by mandatory or discretionary appeals to raised courts. The criminal lawyer makes you aware of one’s rights with law enforcement, your rights in the courtroom and your rights upon conviction.