The goal of criminal law would be to exert social control. It aims at discouraging behavior that’s detrimental to the well being of the society as well as behavior that challenge the government’s authority and legitimacy.
The criminal laws and punishments are so set up which they act as deterrents and help in restraining behavior of the people. With criminal laws handling the creating of procedures for punishing offenders the state and not the victim (who might be seeking vengeance) hands down the punishment.
The criminal charges are filed and the criminal proceedings take place in some stages. It’s the authorities who respond and take action to any citizen’s complaint lodged. Strafrecht The authorities might also feel suspicious and in such case they investigate, take down statements from various important witnesses and on the basis of the findings make ready a report. They are able to arrest people through the span of the investigation. They could alternatively (as is generally 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 if criminal charges will soon be filed against any suspect named in the authorities report. The procedures for filing charges, however, vary among jurisdictions.
There are several jurisdictions giving greater discretionary powers to the authorities in charging defendants with specific crimes while others is there offering greater powers in this regard to the prosecutor. After being stopped by the authorities the person 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 could be that the authorities might be arresting an individual while alongside recommending a particular charge, yet, criminal charges are usually chosen solely by the prosecutor’s office
The procedure of criminal justice begins with an alleged crime. The authorities investigate upon the allegation that the complainant makes. The authorities, in this instance, act while 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 correct 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 procedure culminates with a jury trial regardless of 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 the authorities, your rights in the courtroom and your rights upon conviction.