Criminal law jurisdiction of activity occurs when the deed is done (action or inaction) that the legislature classifies to crimes or misdemeanors category. To a person that made the criminal deed shall be applied the Criminal Procedure Code and the Penal Code‘s rules.
The preliminary investigation begins:
- On receipt of a complaint, a statement, or statement of offense;
- If the prosecutor or the per-trial investigation officer detects criminal activities and draw up a report.
Parties of proceedings has the rights:
The suspect has the right to:
- know what he is suspected;
- from detention or questioning of the first moment of a lawyer;
- to give evidence;
- present investigation documents and material objects;
- submit applications;
- to challenge;
- access to pre-trial investigation;
- appeal against the investigating officer, the prosecutor or the investigating judge actions and decisions.
The accused has the right to:
- know what he is accused of, and get a copy of the indictment;
- access to the case file;
- in accordance with the necessary documents to make copies or extracts;
- have a lawyer;
- submit applications;
- to challenge;
- provide evidence and participate in the investigation;
- during the trial, to ask questions;
- to give explanations concerning the circumstances of the case and give its opinion on the other participants of the trial requests made;
- participate in the final speech, when no there is no defenders;
- appeal against the judgment and order.
The victim and his representative shall have the right to:
- to give evidence;
- submit applications;
- pre-trial investigation and court access to the file;
- to be present during the trial;
- appeal the pre-trial investigation officer, prosecutor, investigating judge and court, as well as the appeal against the judgment or order;
- give closing speech.
A translator, an expert and a specialist can not participate in the process in cases where appears its incompetence.