Criminal Procedure Overview

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Questions and Answers

What must the court provide in its determination?

A summary of prison sentences

The grounds, evidences, and applicable articles of the criminal code (correct)

The personal details of the investigator

The names of all witnesses involved in the case

What is prohibited during a preliminary investigation?

Conducting interviews with victims

Using forensic evidence

Involving multiple investigators

Holding investigations at night, except in exigent circumstances (correct)

What determines the duration of a preliminary investigation?

Victim's claims and statements

The decision to institute a criminal case until the accusation or treatment decision (correct)

Total number of evidence collected

The complexity of the case

What should happen if an investigation needs to be prolonged?

The over placed prosecutor must be informed 3 days prior to the extension Signup and view all the answers

What measures should be taken during the institution of a criminal case?

Preventing the repetition of crimes and protecting evidence Signup and view all the answers

What is one of the responsibilities of the prosecutor in the criminal proceedings?

Supervise procedural activities of inquiry bodies Signup and view all the answers

What action can a court take if it uncovers circumstances contributing to a crime during examination?

Issue an intermediate ruling Signup and view all the answers

What authority does an investigator have in a criminal case?

Institute a criminal case and direct the investigation Signup and view all the answers

What must the court do if it identifies law offenses committed during inquiry or investigation?

Issue an intermediate ruling to relevant authorities Signup and view all the answers

Under which circumstance can the court change a decision made by a lower-placed court?

If procedural errors are identified Signup and view all the answers

What is an investigator required to do before taking certain actions during an investigation?

Seek sanction from the prosecutor Signup and view all the answers

Which of the following is NOT a duty of the prosecutor?

Providing legal representation to accused individuals Signup and view all the answers

What is the maximum duration of detention for a suspect without additional measures?

72 hours Signup and view all the answers

At what point should the suspect's rights be explained before interrogation?

Before the interrogation Signup and view all the answers

How soon must the prosecutor be informed after a suspect's detention?

24 hours Signup and view all the answers

Which of the following is NOT a measure of restriction mentioned?

Community service Signup and view all the answers

What is the first step in the process after detention of a suspect?

Inform the prosecutor Signup and view all the answers

Which factor is NOT considered when selecting a measure of restraint?

Favorite color Signup and view all the answers

Which of these measures is specifically mentioned for minors and military servicemen?

Surveillance by military command Signup and view all the answers

What is the general rule regarding the timing of suspect interrogation after arrest?

Immediately after detention Signup and view all the answers

What should happen within 48 hours of a prosecutor being informed of a suspect's detention?

A sanction decision must be made Signup and view all the answers

Which of the following is an obligation of the body inquiry after a suspect's detention?

Inform the prosecutor Signup and view all the answers

What action must be taken by the related organ upon refusal to satisfy a petition?

Pass a resolution and inform the petitioner Signup and view all the answers

Who may appeal the actions of the body of inquiry and the investigator?

The person who filed the initial petition Signup and view all the answers

What must happen if an appeal is filed orally?

It must be recorded and signed by involved parties Signup and view all the answers

How long does the prosecutor have to consider and resolve an appealed complaint?

Three days Signup and view all the answers

What should the prosecutor provide if an appeal is refused?

Justification for the refusal Signup and view all the answers

To whom should appeals against prosecutors’ actions and decisions be filed?

To a high-placed prosecutor Signup and view all the answers

What does the protocol in criminal proceedings indicate?

The details of all procedural actions from start to finish Signup and view all the answers

What norms are compulsory in leading the protocols?

The standards set out in specific articles Signup and view all the answers

What dictates the future of substantive materials in a case?

The court's verdict or decision Signup and view all the answers

What is the maximum time allowed for bringing an accusation against a suspect after the application of a measure of restriction?

Ten days Signup and view all the answers

What happens if the charge of accusation is not brought within the specified term?

The measure of restriction is immediately cancelled. Signup and view all the answers

Which of the following is NOT a measure of procedural coercion that can be applied towards the suspect or accused?

Serving a life sentence Signup and view all the answers

Under what circumstances can a forcible bringing to court be applied?

When they fail to appear at the summons without serious reasons. Signup and view all the answers

Which of the following is a valid measure of procedural coercion that may be applied to victims or witnesses?

Forcible bringing to court Signup and view all the answers

What is required from a suspect if they do not appear when summoned, but claim serious reasons?

They must inform the appropriate authorities about the reasons. Signup and view all the answers

What is one of the reasons a measure of restriction might be applied before an accusation?

If there are grounds mentioned in article 146. Signup and view all the answers

Which of the following circumstances could excuse a suspect's non-appearance at court?

Illness Signup and view all the answers

Which measure is used to ensure a suspect or accused attends court proceedings?

Obligation to appear Signup and view all the answers

If an individual is under an obligation to appear, what must they do to comply?

Appear in court as required. Signup and view all the answers

Study Notes

Criminal Procedural Law in Turkmenistan

The Criminal Procedural Code (CPC) of Turkmenistan, in force since July 1st, 2009, is the sole procedural code.
It's based on the Turkmen Constitution and international agreements.
Criminal procedural codes of the TSSR were applied from 1961 to 2009.
International pacts on civil and political rights are incorporated if conflicting with national norms.

Legislation Defining Criminal Litigation

Turkmenistan's criminal procedures follow the Criminal Procedure Code (CPC).
Separate laws regulating proceedings are incorporated into the CPC.
The CPC's procedures apply uniformly across all criminal cases and participants.
International treaties and recognized principles of international law become integral parts of the criminal procedure law.
International agreements supercede the existing rules of the CPC if they contain differing provisions.

Effect of Criminal Procedure Law

Criminal proceedings are guided by the laws in effect at the time of investigation or consideration.
Laws abolishing or limiting rights of participants do not have retroactive effect.
Criminal proceedings in Turkmenistan are conducted irrespective of where the crime occurred.
In the territory of Turkmenistan, foreign criminal procedure only applies if international agreements permit.
Foreign criminal procedural codes apply to foreign citizens and stateless persons in Turkmenistan, but only if permitted by an international agreement certified by Turkmenistan.

Basic Concepts and Terms

Alibi: The suspect/accused was elsewhere when the crime occurred.
Enquirer: Official of an investigative body (possessing right or authorized by body head).
Inquiry: A form of preliminary inquisition conducted by the enquirer (investigator).
Claimant: Person making a claim of infringed/abused rights to court
Party of the Prosecution: Prosecutor, victim, legal representative, etc.
Party of the Defence: Accused, legal representative, etc.
Lawyer: Legal representative, has wide definition.
Non-participation: Explicit declaration of not being involved or participating in crime.
First Instance Court: Court examining the case and determining legal decisions in the pre-trial phase.
Second Instance Court: Appeal courts.
Verdict: A decision concerning whether the defendant is guilty or not guilty.
Public Prosecutor: State official prosecuting criminal cases.
Pre-trial Procedure: All court proceedings from reporting the crime until the case transfer to court for trial.

Principles of Criminal Litigation

Legality: All participants must follow the CPC's rules and requirements.
Administration of Justice by Court Alone: Only the court can determine guilt and impose punishment.
Protection of Rights and Freedoms: Everyone has right to be heard and the state has responsibility/protection obligations.
Respect for Person's Honor and Dignity: Criminal proceedings cannot degrade the participants.
Immunity of the Person: No detention without legal grounds and detainees must be informed of the cause.
Privacy of Correspondence/Communications: Access to communication and records is limited, needs of court order.
Presumption of Innocence: Accused considered innocent until proven guilty in accordance with the procedure.
Parties' Adversarial Nature: Equal participation/competition of prosecution and defense.
Freedom of Judges: Judges base decisions on evidence and conscience.
Thorough Investigation: A complete and objective examination of the case is mandatory for investigators to take all appropriate actions.
Release of witness for giving statement against their relatives in not considered a criminal liability.

Other Principles

Transparency of Courts' Proceedings: Public proceedings, except in cases of state secrets or protected privacy (e.g. underage)
Language of Proceedings: All participants with limited command of the legal language are entitled to interpretation.
Right to File Appeals: Appealing court/prosecutor decisions as per rules is permitted.
Criminal Prosecution: The necessary measures to discover and expose crimes and the culprits.
Criminal investigation: Must ensure actions to reveal damages for victims.
Immunity of Victim
Compulsory obligations of body of inquiries and investigators to provide measures to prevent further crime.

Grounds for Refusal/Termination of a Criminal Case

Absence of a crime
Absence of corpus delicti (element of crime)
Expiration of prosecution deadlines
Pardon
Non-attainment of criminal liability age
Reconciliation of victim
Death of the suspect/accused
Existence of prior ruling/sentence
Other stipulated conditions (various articles)

Criminal Proceedings

Combining criminal cases
Separating criminal cases
Abeyance (temporary termination) of criminal case
Termination of criminal case
Completion of criminal case

Article 50. Computation of the Term

Time terms are measured in hours, days, months.
Terms usually start counting from specific events (e.g., detention)
Days expiring at midnight.

Article 51. Restoration of a Missed Term

Invalid procedures if term has expired
Term restoration based on justified reasoning.
Refusal of restoration is appealable through established procedure

Article 52. The Court

Court proceedings must adhere to impartiality and legality standards.
Court jurisdictions within Turkmenistan outlined.
Procedures for judge and juror involvements.
Court composition immutability

Article 55. Impossibility of Court Composition Change

Examination must be conducted by the same court membership.

Legal Powers of the Court

Legal powers and competence of courts.
Recognize guilt and issue punishment, recognize innocence and acquit; issue coercive measures

Intermediate Ruling

Circumstances revealed during court proceedings should trigger a formal ruling to authorities.

The Prosecutor

The prosecutor's role and authority within a criminal case.
Oversight of investigative bodies.

The Investigator

Investigator's authorization and responsibilities.
Investigative actions under the investigator's direction.

Participants in Criminal Court Proceedings - Suspect and Defence

The accused's rights.
Procedures of detention.
Periods and duration of detention.

The Lawyer

Who can be appointed as a lawyer
Inviting a lawyer process
Compulsory lawyer needs

Other Participants

Witness rights and duties.
Witness restrictions.
Circumstances barring judge/prosecutor, investigator participation.

Petitions

Rights of participants to petitions regarding case proceedings.
Timely and appropriate response to petitions.

Filing Appeals/Complaints

Procedures for filing appeals against the actions of investigative bodies, prosecutor.

Protocols

Protocol significance (official record of proceedings)
Data that should be included in protocols: participants, time, actions, results.

Substantive Materials

Rules for handling of evidence.
Handling of monetary and other valuables.

Proving

Process of proving in criminal cases (evidence gathering, collection).

Collection of Proof & Investigative Actions

Methods for gathering evidence by investigators and other participants.

Measures of procedural coercion

Different types of coercion measures
Grounds for the application of coercion
Notification of detention required
Duration of detention process; prosecutor notification needed
Procedure on detention process involved

Civil Claims in Criminal Procedure

Civil claims in criminal cases, procedure, jurisdiction.
When civil claims can be submitted to court
Rule of replica does or does not apply
Civil claimant refusal process.

Institution of a Criminal Case

Obligations and procedures for initiating a criminal case (reports, applications, information, proofs).
Role for investigators, judges, prosecutor.

Institution of a Criminal Case - Complaints (action of the Victim)

Criminal cases created when victim or others complain or other circumstances are met.

Preliminary Investigations

Investigator duties in preliminary investigation.
Duration of Preliminary Investigations

The Procedure of the Involvement of the Accused

Investigator responsibility in initiating and managing the accusation of accused.

Examination, Exhumation and Inspection

Roles for the participants, procedures, conditions.

After receiving the Bill of Indictment

Prosecutor's actions when receiving the case. Decision choices and procedures.

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Description

Test your knowledge on key aspects of criminal procedure with this quiz. Topics include the responsibilities of the court and prosecutor, investigation protocols, and the limitations during preliminary investigations. Gain insights into the inner workings of legal proceedings.