Corruption

Criminal proceedings most often start with a denunciation. However, the police can also start criminal proceedings if they become aware of a criminal offence on their own initiative. A denunciation can be both a written submission to an authority or official and a statement made orally in person to an authority or official.

According to the Criminal Procedure Act, criminal proceedings begin with an investigation. The investigation may be initiated based on a report, a private motion, the official authority of the prosecutor’s office or the investigating authority, as well as on facts that become known to the prosecutor’s office or a member of the investigating authority in their official capacity.

For most people, the very idea of being prosecuted or having a relative prosecuted is an overwhelming feeling. And if those criminal proceedings include detention or arrest, this feeling of vulnerability is heightened.

Once the investigation is completed, the investigating authority sends the criminal case to the prosecution, which takes the criminal proceedings to the prosecution stage. On the basis of the evidence available (the investigation file), the prosecution can decide to terminate the criminal proceedings, suspend the proceedings and ultimately prosecute.

The criminal conviction order procedure serves to simplify and speed up the judicial phase of criminal proceedings by allowing the application of criminal law consequences in cases of a simpler nature and less serious nature without the need for a trial, i.e. the criminal conviction is a decision which is equivalent to a judgment.

The preparatory session is a legal measure aimed at simplifying the procedure. The most important role of the preparatory hearing is to allow the accused and the defence to express their views on the charge and to help shape the further course of the criminal proceedings. The preparatory meeting must be held within three months of the date of service of the indictment.

If the accused does not plead guilty to the charge at the preparatory hearing, or pleads guilty but does not waive his or her right to a trial, the court will hold a hearing. Within one month of the end of the preparatory hearing, the court shall examine the evidence submitted at the preparatory hearing, set a date for the trial and arrange for the conditions for holding the trial.