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tween civil law and common law systems 4 see also 5 references 6 further reading toggle the table of contents criminal procedure 37 languages العربية azərbaycanca تۆرکجه български čeština dansk deutsch ελληνικά español eesti فارسی français hausa हिन्दी bahasa indonesia ido italiano 日本語 한국어 lietuvių македонски nederlands norsk nynorsk norsk bokmål polski română русский simple english српски srpski svenska tagalog türkçe українська oʻzbekcha ўзбекча tiếng việt winaray 中文 edit links article talk english read edit view history tools tools move to sidebar hide actions read edit view history general what links here related changes upload file permanent link page information cite this page get shortened url switch to legacy parser print export download as pdf printable version in other projects wikimedia commons wikidata item appearance move to sidebar hide from wikipedia the free encyclopedia adjudication process in criminal law criminal case redirects here for game see criminal case video game this article needs more citations please help improve this article by adding citations to reliable sources unsourced material may be challenged and removed find sources criminal procedure news newspapers books scholar jstor february 2015 learn how and when to remove this message criminal procedure criminal trials and convictions rights of the accused appeal bail double jeopardy 2 exclusionary rule 1 fair trial jury trial trial as an adult presumption of innocence pre trial counsel self incrimination rights of the victim clearance rate criminal justice right to an effective remedy speedy trial victims rights verdict acquittal blackstone s ratio conviction conviction rate false accusation guilt not proven 3 directed verdict post conviction sentencing custodial disparity discharge guidelines totality 5 6 mandatory periodic dangerous offender 4 5 capital punishment execution warrant cruel and unusual punishment imprisonment life indefinite corporal punishment labour community service legal remedy loss of rights reparation restitution reform suspended three strikes law zero tolerance post sentencing criminal justice exoneration parole probation habitual offender life licence 6 miscarriage of justice pardon recidivism rehabilitation restorative justice sex offender registry sexually violent predator laws 1 tariff 6 related areas of law civil procedure criminal defenses criminal law evidence portals law portal 1 us courts 2 not in english welsh courts 3 scottish courts historic 4 english welsh courts 5 canadian courts 6 uk courts v t e part of a series on rights theoretical distinctions claim and liberty individual and group natural and legal negative and positive human rights civil and political economic social and cultural three generations rights by beneficiary accused animals autistic children consumers creditors deaf disabled elders family farmers fetus homeless humans indigenous intersex kings lgbtq transgender life men minorities parents fathers mothers patients peasants plants prisoners robots states students victims effective remedy women wind workers youth other groups of rights air assembly association asylum civil liberties clothing death development digital education elective environment fair trial food guns health housing linguistic movement personal personality privacy property public participation repair resist rest and leisure revolution science and culture security sexual and reproductive abortion reproductive self defense self determination speech substantive truth unenumerated voting water and sanitation v t e criminal procedure is the adjudication process of the criminal law while criminal procedure differs dramatically by jurisdiction the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated and results in the conviction or acquittal of the defendant criminal procedure can be either in form of inquisitorial or adversarial criminal procedure 1 basic rights edit currently in many countries with a democratic system and the rule of law criminal procedure puts the burden of proof on the prosecution that is it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt as opposed to having the defence prove that they are innocent and any doubt is resolved in favor of the defendant this provision known as the presumption of innocence is required for example in the 46 countries that are members of the council of europe under article 6 of the european convention on human rights and it is included in other human rights documents 2 however in practice it operates somewhat differently in different countries these basic rights also include the right of the defendant to know the offence for which they have been arrested or charged and the right to appear before a judicial official within a specified time after arrest many jurisdictions also allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense difference between criminal and civil cases edit countries using the common law tend to make a clear distinction between civil and criminal procedures for example an english criminal court may force a convicted accused to pay a fine to the crown as punishment for the crime and sometimes to pay the legal costs of the prosecution but does not normally order the convicted accused to pay any compensation to the victim of the crime the victim must pursue their claim for compensation in a civil not a criminal action 3 in countries using the continental civil law system such as france and italy the victim of a crime known as the injured party may be awarded damages by a criminal court judge the standards of proof are higher in a criminal action than in a civil one since the loser risks not only financial penalties but also being sent to prison or in some countries execution in english law the prosecution must prove the guilt of a criminal beyond reasonable doubt while the plaintiff in a civil action is required to prove his case on the balance of probabilities 3 beyond reasonable doubt is not defined for the jury which decides the verdict but it has been said by appeal courts that proving guilt beyond reasonable doubt requires the prosecution to exclude any reasonable hypothesis consistent with innocence plomp v r in a civil case however the court simply weighs the evidence and decides what is most probable criminal and civil procedure are different although some systems including the english allow a private citizen to bring a criminal prosecution against another citizen criminal actions are nearly always started by the state civil actions on the other hand are usually started by individuals in anglo american law the party bringing a criminal action that is in most cases the state is called the prosecution but the party bringing a civil action is the plaintiff in a civil action the other party is known as the defendant in a criminal case the private party may be known as the defendant or the accused a criminal case in the united states against a person named ms sanchez would be entitled united states v short for versus or against sanchez if initiated by the federal government if brought by a state the case would typically be called state v sanchez or people v sanchez in the united kingdom the criminal case would be styled r short for rex or regina that is the king or queen v sanchez in both the united states and the united kingdom a civil action between ms sanchez and a mr smith would be sanchez v smith if started by sanchez and smith v sanchez if begun by smith evidence given at a criminal trial is not necessarily admissible in a civil action about the same matter just as evidence given in a civil cause is not necessarily admissible on a criminal trial for example the victim of a road accident does not directly benefit if the driver who injured him is found guilty of the crime of careless driving he still has to prove his case in a civil action 3 in fact he may be able to prove his civil case even when the driver is found not guilty in the criminal trial if the accused has given evidence on his trial he may be cross examined on those statements in a subsequent civil action regardless of the criminal verdict once the plaintiff has shown that the defendant is liable the main argument in a civil court is about the amount of money or damages which the defendant should pay to the plaintiff 3 differences between civil law and common law systems edit the majority of civil law jurisdictions follow an inquisitorial system of adjudication in which judges undertake an active investigation of claims by examining the evidence at the trial while other judges contribute by preparing reports in common law systems the trial judge presides over proceedings grounded in the adversarial system of dispute resolution where both the prosecution and the defence prepare arguments to be presented before the court some civil law systems have adopted adversarial procedures citation needed proponents of each system tend to consider that theirs defends best the rights of the innocent there is a tendency in common law countries to believe that civil law inquisitorial systems do not have the so called presumption of innocence and do not provide the defence with adequate rights conversely there is a tendency in countries with an inquisitorial system to believe that accusatorial proceedings unduly favour rich defendants who can afford large legal teams and therefore disadvantage poorer defendants citation needed see also edit offence law trial law civil procedure code of criminal procedure 1973 of india criminal procedure act criminal procedure in the united states court appointed special advocates formal procedure law in switzerland italian criminal procedure code of criminal procedure japan criminal procedure code malaysia criminal procedure code ukraine references edit antonino galati tranchina giovanni zappalà vincenzo 2023 diritto processuale penale in italian giuffrè isbn 978 88 288 5157 8 guide on article 6 of the european convention on human rights right to a fair trial criminal limb council of europe 2014 p 10 1 2 3 4 richard powell 1993 law today harlow longman p 34 isbn 9780582056350 oclc 30075861 further reading edit israel jerold h kamisar yale lafave wayne r 2003 criminal procedure and the constitution leading supreme court cases and introductory text st paul mn west publishing isbn 0 314 14669 5 v t e criminal procedure investigation criminal investigation arguido arrest arrest warrant consent search detention exigent circumstance knock and announce miranda warning pretextual stop probable cause reasonable suspicion right to silence search and seizure search of persons search warrant suspect terry stop law portal criminal prosecution adversarial system bail bill of attainder criminal jurisdiction diversion program deferred prosecution agreement ex post facto law extradition grand jury habeas corpus indictment inquisitorial system nolle prosequi precognition preliminary hearing statute of limitations charges and pleas alford plea arraignment indictment information nolo contendere peremptory plea plea plea bargain presentence investigation suspended sentence related areas criminal defenses criminal law evidence evidence law in the united states legal abuse wiktionary wikibooks wikiquote wikisource wikimedia commons wikinews wikiversity v t e law core subjects administrative law civil law constitutional law contract criminal law crime deed doctrine equity evidence international law law of obligations private law procedure civil criminal property law public law punishment capital corporal restitution and unjust enrichment statutory law tort disciplines abortion law agricultural law animal law aviation law amnesty law banking law bankruptcy commercial law competition law conflict of laws construction law 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