The basic principles of criminal procedure, the basic principles and basic principles of the Crimina

Basic Principles of Criminal Procedure: (1) Investigative, procuratorial, and adjudication powers are to be exercised by specialized organs in accordance with law. People's courts, people's procuratorates, and public security organs conducting criminal proceedings must strictly abide by the relevant provisions of this Law and other laws.

2) The people's courts and people's procuratorates independently exercise their authority in accordance with law. (3) The principle of division of labor and responsibility, mutual cooperation, and mutual restraint Article 7 of the Criminal Procedure Law stipulates that the people's courts, people's procuratorates, and public security organs shall divide labor and responsibility, cooperate with each other, and check each other in criminal proceedings, so as to ensure the accurate and effective implementation of the law.

4) Criminal suspects or defendants have the right to a defense. Article 12 of the Criminal Procedure Law of the People's Republic of China stipulates that no one may be found guilty without a judgment rendered by a people's court in accordance with law. That is, the power to determine the guilt of the defendant is uniformly exercised by the people's courts.

6) Not Pursuing Criminal Responsibility in Legally Prescribed Circumstances Article 15 of the Criminal Procedure Law, the circumstances under which criminal responsibility is not pursued under statutory provisions include: the circumstances are obviously minor, the harm is not great, and it is not considered a crime under the Criminal Law; The statute of limitations for prosecution has already expired; Those who have been exempted from punishment by a special amnesty order; Crimes that are handled only after a complaint is made in accordance with the Criminal Law, and there is no complaint or withdrawal of the complaint; The criminal suspect or defendant is deceased; Other laws provide for exemption from criminal responsibility. Legal basis:

Article 3 of the Criminal Procedure Law stipulates that the public security organs shall be responsible for the investigation, detention, execution of arrest and preliminary trial of criminal cases; The people's procuratorate is responsible for the procuratorate, approval of arrest, investigation of cases directly accepted by the procuratorate, and initiation of public prosecutions; The people's courts are responsible for trials. Except as specifically provided by law, no other organ, group or individual has the right to exercise these powers. Article 5 of the Criminal Procedure Law stipulates that the people's courts shall exercise their judicial power independently in accordance with the provisions of the law, and the people's procuratorates shall exercise their procuratorial powers independently in accordance with the provisions of the law, without interference from administrative organs, social organizations or individuals.

In the course of independently exercising their functions and powers in accordance with law, the people's courts and people's procuratorates must accept the leadership of the Communist Party of China, and must accept the supervision of the people's congresses at all levels and report to them on their work. Article 11 of China's Criminal Procedure Law stipulates that the trial of cases by the people's courts shall be conducted in public, except as otherwise provided by this Law. Defendants have the right to a defense, and the people's courts have the obligation to ensure that the defendant receives a defense.

Basic Principles of the Criminal Procedure Law: 1. The investigative powers, procuratorial powers, and adjudication powers shall be exercised by the specialized organs in accordance with the law and in strict compliance with legal procedures. 2. The people's courts and people's procuratorates exercise their functions and powers independently in accordance with law.

3. Division of labor is responsible, cooperate with each other, and restrain each other. 4. The people's procuratorate exercises legal supervision over criminal proceedings in accordance with law. 5. Criminal suspects and defendants have the right to be obtained.

The basic principles and basic principles of the Criminal Fan Leniency Procedure Law:

The basic principles of criminal procedure in our country are the basic code of conduct or basic code of conduct that the people's courts, people's procuratorates, and public security organs must abide by when conducting criminal proceedings. The legal basis for determining the basic principles of criminal procedure in our country: the relevant provisions of the Constitution, the Criminal Procedure Law, the Law on the Organization of the People's Courts, and the Law on the Organization of the People's Procuratorates.

The basic principles of the Criminal Procedure Law are the elements that affect the Criminal Procedure Law and play a role in the law, which embodies the laws of procedure, and the principles of criminal procedure are divided into two categories, one is the general principle, and the other is the unique basic principle. Although the exposition of the principles is relatively abstract, the litigation procedure and the litigation system must be consistent with each other, which clarifies the legal concept and basic principles of criminal procedure.

The basic concepts of criminal procedure mainly include the punishment of crimes and the protection of human rights, procedural justice and substantive justice, and the efficiency of litigation.

1. Punish crimes and protect human rights.

1) The punishment of crime is the granting of the state's penal power, and the protection of human rights is the regulation of the state's penal power.

2) When there is a conflict between the punishment of crime and the protection of human rights, the crime control model tends to choose to punish the crime, and the due process model often chooses to protect human rights.

2. The core of the modern concept of human rights protection is to safeguard the value and dignity of human beings.

3. Procedural fairness and substantive fairness.

1) Substantive justice is the fairness of the result, and procedural justice is the fairness of the process.

2) Procedural justice and substantive justice are intrinsically consistent, and the ultimate goal is to resolve disputes fairly.

3) Procedural justice should be given priority in the pursuit of substantive justice.

4. Litigation efficiency.