Criminal law is the body of law that deals with actions considered harmful or threatening to society. Unlike civil law whic resolves disputes between individuals or entities, criminal law focuses on punishment and rehabilitation of offenders, and the protection of public order.
Stages of a Criminal Case:
1. Investigation & Arrest
Law enforcement agencies investigate crimes and gather evidence. If sufficient evidence exists, they may arrest a suspect.
2. Charges & Arraignment
The prosecutor files formal charges. During the arraignment, the defendant is informed of the charges and enters a plea: guilty, not guilty, or no contest.
3. Pre-Trial Proceedings
This includes bail hearings, pre-trial motions, plea bargaining, and the gathering of additional evidence through discovery.
4. Trial
If no plea agreement is reached, the case goes to trial. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. The defense challenges the prosecution’s case and presents its own evidence.
5. Verdict & Sentencing
After hearing the evidence, a judge or jury delivers a verdict. If guilty, the defendant is sentenced. Sentences can include imprisonment, probation, fines, or community service.
6. Appeal
A convicted defendant may appeal the decision if there were legal errors during the trial.
Principles of Criminal Law:
• Presumption of innocence – The accused is considered innocent until proven guilty.
• Due process – The government must respect all legal rights owed to a person.
• Right to legal representation – Defendants have the right to a lawyer.
Criminal law serves a vital role in maintaining social order and ensuring justice. Whether as a law student, practitioner, or informed citizen, understanding this process is essential
Amirhasan Shafiee
Attorney at law
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