Understanding Criminal Procedure Law

Criminal Procedure Law in Indonesias

Criminal Procedure Law is the body of law that governs criminal cases. It is also known as Penicilliary Law. Criminal proceedings in Indonesia begin with the presentation of a charge to be tried by a district or regional court. The prosecutor then makes an appearance before the court and makes an initial presentation of the evidence and witnesses that will be presented at the trial. In some instances the prosecuting attorney may also make an appearance in the criminal proceeding.

Criminal procedure law is divided into two branches – criminal behavior and civil procedure. Criminal behavior means crimes against society and people. They include homicide, kidnapping, theft, fraud, assault, sexual intercourse, home invasion, terrorism and other serious crimes. Civil procedure is the body of law that allows complainants or defendants in criminal proceedings to bring legal claims against another party or entity. This includes abuse of office, defamation of public figures, abuse of power, threats, violence against a government official and abuse of authority. These claims may be brought either within the framework of the country’s criminal procedure laws or on their own.

Once a complaint has been filed in a court against an alleged criminal, the case moves into criminal proceedings. The prosecutor presents his or her case against the accused. A date for a preliminary hearing called an arraignment is scheduled. If the prosecutor and the accused cannot agree on a plea bargain, the case will move forward to the pretrial stage.

Criminal procedure law also covers the procedure for arresting a suspected person. Police can temporarily detain an individual whom they have found doing things that are prohibited under the law. An arrest warrant is issued for the suspect and he or she will be booked in jail. If the defendant does not show up to court when scheduled, the warrant will be carried out. Thereafter, the accused will be held in jail until his trial date.

Criminal proceedings can result in various consequences for the accused. Some examples include having his or her driver’s license suspended, having his or her bail fees paid, and having his or her name placed on the sex offender registry. Other consequences of criminal proceedings include substantial fines and possible imprisonment. In some states, a convicted person can petition to have his or her criminal record expunged. Under certain procedures, this may be granted after the completion of the entire term of the sentence.

Criminal procedure law also deals with substantive offenses. For instance, it may be a violation of a statute of the United States or a state if it is committed as part of a serious crime such as murder or sexual assault. Violations of immigration law are subject to the provisions of the Immigration and Customs Enforcement Act of 1986. Penalties for crimes against the administration of public education include stiff prison terms and other penalties. Serious allegations involving minors are handled by juvenile offenses authorities, while those involving adults are tried in adult criminal courts.

Many crimes have separate felony and misdemeanor sections within the criminal procedure code. Felonies are punishable by sentences of one year and more. Misdemeanors are punishable by sentences of less than one year. There are a few exceptions to this rule, such as when the defendant is charged with a crime that does not involve “mistake or gross misjudgment,” or when the prosecutor has “committed an error in judgment of a material fact.” These offenses are known as “mitigating” offenses.

Criminal procedure also includes lesser crimes that are punished by less severe sentences. Many such crimes are classified as infractions. Examples of such crimes are driving under the influence of alcohol or drugs, possession of drug paraphernalia, and assault. If you have been charged with any of these criminal offenses, you should contact a criminal defense attorney who will be able to assist you in finding out what your charges are and how they were brought against you

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