Criminal Procedure Analysis

INTRODUCTION

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HE law that guides the conduct of criminal proceedings is called the law of criminal procedure. The criminal procedure of any jurisdiction is the heart of the criminal justice framework. It is the vehicle by which justice is delivered. Criminal procedure is generally understood as that body of law governing the legal treatment of a criminal deed from the offence until an unappeasable decision (acquittal or conviction). It is thus described as the process, by which the guilt of a possible wrongdoer may be legitimately established and a criminal sanction attributed. These rules encompass, inter alia, the determination of factual evidence (the facts of the case in the light of a possible responsibility of a wrongdoer), the proper

The inquiry in the inquisitorial system is usually controlled and conducted by judge. The judge is quite active while the lawyers have a more passive role. Witnesses are called by the court, and the judges determine the order of trial and conduct most of the examinations. If experts are needed, it is the judge who designates and initially examines the expert. The proceedings are conducted in a fact-finding, less formal, and less confrontational manner. According to Diehm, this form of dispute resolution requires fewer rules and is much less dependent on the establishment of procedural guidelines. Generally in inquisitorial systems, witnesses can be compelled under a subpoena properly issued and the witnesses can be cited and punished for contempt of court if they refuse. All cases of crimes and major are brought by the public prosecutor’s office to the judge prior to the court hearings. The judge or magistrate has investigating and judicial powers. His mission is to search for the manifestation of truth and in order to do so he must conduct further investigations in order to determine whether or not enough evidence exists to bring the case to trial. He must also conduct an inquiry into the suspected offender’s personality and past criminal record. In order to carry out this task he may instruct the police to conduct further investigations also and he can hear witnesses in regard to the facts or the defendant’s personality. If it is required, the judge or magistrate may also appoint scientific experts (psychiatrists, forensic scientists etc.) and he can search the premises of the accused person. The judge also interviews the accused person and challenges him with witness statements and other evidence. On frequent occasions, the judge will confront the defendant in his office with witnesses and victims, asking them to repeat their