The aim of criminal law would be 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 so set up they act as deterrents and aid in restraining behavior of the people. With criminal laws handling the creating of procedures for punishing offenders their state and not the victim (who might be seeking vengeance) without doubt the punishment.
The criminal charges are filed and the criminal proceedings take invest a series of stages. It’s law enforcement who respond and take action to any citizen’s complaint lodged. Law enforcement could also feel suspicious and such case they investigate, take down statements from various important witnesses and on the basis of the findings make ready a report. They can arrest people during the length of the investigation. Strafrechtskanzle They may alternatively (as is normally the case) complete the report and submit it to the prosecutor’s office for evaluation. It will be the prosecutor who will soon be deciding whether criminal charges will soon be filed against any suspect named in law enforcement report. The procedures for filing charges, however, vary among jurisdictions.
There are some 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 might be ticketed for a’civil infraction’or might be ticketed or arrested for a’misdemeanor’or perhaps even be arrested for a’felony ‘. It may be that law enforcement might be arresting an individual while alongside recommending a certain charge, yet, criminal charges are usually chosen solely by the prosecutor’s office
The process of criminal justice begins with an alleged crime. Law enforcement investigate upon the allegation that the complainant makes. Law enforcement, in this case, act because the agent of the government. A problem or an indictment- a proper 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 regardless of local laws that may be accompanied by mandatory or discretionary appeals to higher courts. The criminal lawyer makes you aware of your rights with law enforcement, your rights in the courtroom and your rights upon conviction.