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Showing posts from April, 2017

STAGES OF CRIMINAL PROCEEDINGS

Pre-trial proceedings   This is the first stage of criminal proceedings. The objective of this stage is to ascertain, whether the suspicion of a committing a crime by a certain person is sufficiently substantiated in order to file an indictment to court. In this stage it is necessary to find and obtain evidence proving the guilt of the accused person, as well as other evidence disproving his guilt. The outcome of the whole criminal proceedings depends on correct execution of pre-trial proceedings. There is a new option to negotiate an agreement on the guilt and punishment in this stage between the accused person and public prosecutor.    Tasks in pre-trial proceedings:   - to secure the groundwork basis for the decision, whether to file an indictment and let the court deal with the case or to waive further criminal prosecution of the person concerned, - to ascertain all circumstances important for deciding on the criminal offense, its perpetrator, punishment and protective measu

IS IT TRUE THAT FIR AND POLICE COMPLAINT ARE DIFFERENT

Is It True That FIR and Police Complaint are Different? FIR is a First Information Report. It is related only to cognizable (criminal) offences. On the other hand, police complaint can be cognizable or non-cognizable offences. FIR and Police complaint are two different terms with different meanings. Though they are related to complaints, they have different offenses and complaints where FIR and police complaints are registered accordingly. FIR is a First Information Report, a complainant who is aware of the offense, as an eye witness and as hearsay account, lodges an FIR. It is information given to the Police Officer. FIR is a very serious registration that one can make. It should not be gossip and that should be traceble, and after the complete investigation the source takes the responsibility. An irresponsible rumor should not result in the registration of a FIR. It is mandatory to give a copy of the first information report (as recorded by police) to the complainant or the inform