The aim of criminal law is always to exert social control. It aims at discouraging behavior that is detrimental to the wellness of the society in addition to behavior that challenge the government’s authority and legitimacy.
The criminal laws and punishments are very set up which they become deterrents and aid in restraining behavior of the people. With criminal laws handling the setting up of procedures for punishing offenders their state and not the victim (who may be seeking vengeance) definitely the punishment.
The criminal charges are filed and the criminal proceedings take invest some stages. It is the authorities who respond and take action to any citizen’s complaint lodged. Strafrechtskanzlei Stuttgart The authorities may also feel suspicious and such case they investigate, remove statements from various important witnesses and based on the findings make ready a report. They could arrest people through the course of the investigation. They could alternatively (as is normally the case) complete the report and submit it to the prosecutor’s office for evaluation. It would be the prosecutor who is going to be deciding whether criminal charges is going to 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 are there that provide greater powers in this regard to the prosecutor. After being stopped by the authorities the person concerned i.e. the defendant may be ticketed for a’civil infraction’or may be ticketed or arrested for a’misdemeanor’or possibly even be arrested for a’felony ‘. It can be that the authorities may be arresting an individual while alongside recommending a specific charge, yet, criminal charges are often 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 case, act since the agent of the government. An issue or an indictment- an official 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 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 allows you to aware of one’s rights with the authorities, your rights in the courtroom and your rights upon conviction.