The goal of criminal law is 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 so setup which they become deterrents and aid in restraining behavior of the people. With criminal laws handling the setting up of procedures for punishing offenders the state and not the victim (who may be seeking vengeance) hands down the punishment.
The criminal charges are filed and the criminal proceedings take devote a series of stages. It’s law enforcement who respond and take action to any citizen’s complaint lodged. The authorities may 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 are able to arrest people throughout the span of the investigation. Strafrechtskanzlei Stuttgart They could alternatively (as is usually the case) complete the report and submit it to the prosecutor’s office for evaluation. It will be the prosecutor who is going to be deciding whether criminal charges is going to be filed against any suspect named in law enforcement report. The procedures for filing charges, however, vary among jurisdictions.
There are several jurisdictions that give greater discretionary powers to law enforcement in charging defendants with specific crimes while others is there offering greater powers in this regard to the prosecutor. After being stopped by law enforcement the individual 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 could be that law enforcement may be arresting an individual while alongside recommending a certain charge, yet, criminal charges are generally 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 cases like this, act as the agent of the government. A criticism or an indictment- an official 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 aside from local laws that could be followed by mandatory or discretionary appeals to raised courts. The criminal lawyer enables you to aware of one’s rights with law enforcement, your rights in the courtroom and your rights upon conviction.