ISSN 2413-5372, Certificate of state re-registration of КВ №25381-15321 ПР dated 01.07.2023.

Search

SCIENTIFIC - PRACTICAL JOURNAL "HERALD OF CRIMINAL JUSTICE"

Justice is main function criminal procedure

Justice is main function criminal procedure

Pages: 55-61
Year: 2016
Location: Pravova Ednist Ltd

Review

The article deals with the contents of structural elements of criminal procedure judicial functions. Established that these structural elements are: 1) the subject of the execution of the function (the court); 2) the object of the court's activities (clarify the circumstances to be proved and other circumstances that are important for criminal proceedings); 3) the content of the activity (judicial review of the criminal action); 4) the purpose of the activity (decision of the criminal action with making legitimate, reasoned and fair judicial decision).

Besides the functions of the elements of justice must also is focus attention on the procedural form envisaged by law implementing criminal procedural functions and means of its implementation (powers).

On the basis of these structural elements formulated the concept of justice as the main criminal procedural functions. The court administers justice is through the implementation of the established procedural from of powers for clarify the circumstances to be proved and other circumstances that are important for criminal proceedings, and decision of the criminal action with making legitimate, reasoned and fair judicial decision.

It was shown function limits implementation of justice in criminal proceedings. The function of justice is carried out in judicial stages of criminal proceedings, where the prosecution decided: in the preparatory proceedings, trial in first instance, appeal and cassation review and in the revision of judicial decisions on again opened circumstances.

Keywords: function; justice; court; criminal procedure. 

Justice is main function criminal procedure