The properties of a procedural decision in criminal proceedings as a processing act

Every concept in legal science possesses a set of defining properties or characteristics. A procedural decision can be examined in the criminal procedural sense as a processing act, as evidenced by certain inherent attributes, which demonstrate the relationship of the examined concept across different dimensions. One particularly relevant dimension emerges when examining attributes that confirm procedural decisions as processing acts in criminal procedure. These defining attributes include the procedural form of the decision, which may constitute either an independent processing act issued to resolve a specific matter, or a component of a processing act reflecting a particular criminal procedural action during which the relevant decision was made. Legally mandated requirements concerning the substantive content of procedural decisions as well as the prescribed procedure for their issuance are intrinsically uphold the fundamental principle of legality: any procedural decision must be rendered in accordance with established legal procedures and grounded in applicable legal norms. The binding authority of such decisions mandates strict adherence when properly rendered. Moreover, the exclusive authority to render procedural decisions by state bodies and officials competent to conduct criminal proceedings within their statutory jurisdiction constitutes a fundamental guarantee of such decisions' legality, as the range of authorized decision-makers is expressly defined by legal norms. Competent bodies and officials shape the substance of procedural decisions through authoritative directives and mandatory responses to juridical questions, thus revealing these decisions' core nature as processing acts. Based on the comprehensive analysis of their inherent properties, we maintain it is entirely justified to conceptualize procedural decisions in criminal procedure precisely as processing acts. The author declares no conflicts of interests.

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