Criminal proceedings and realization of criminal law

In legal literature criminal procedure is thought to be a type of state activity which is necessary for the enforcement and application of material criminal law. They often say that criminal law is realized within the framework of criminal procedure since «application» can be referred to a specific form of realization of legal norms as well as such forms as observance, enforcement and use. Realization of criminal law can be achieved by means of lawful activity of the subjects to which criminal legal norms is directed. Prohibiting norms of the Criminal Code are realized in the form of observance by the citizens. While finding out what public act is a crime, the state puts definite public relations under protection and determines a necessary set of actions of their subjects. The realization of authorized norms of the Criminal Code is exercised in the form of application. It is also based on the lawful behavior of the subjects (persons) to whom criminal legal forms are addressed, when they act under the circumstances excluding the criminality of an action (Articles 37-42 of the Criminal Code of the Russian Federation). The participation of competent law enforcement bodies in the realization of the Criminal Code norms is not required. If there is no voluntary realization of criminal law in the form of observance or application, there are the grounds for the process of realizing punitive norms. Violations of prohibitions and incorrect orders require the realization of criminal legal norms in the form of enforcement. The realization of criminal law in the form of enforcement, putting the sanctions of the Criminal Code into effect are implemented by the state ex parte its specialized (criminal enforcement) institutions and bodies. In case of a committed publicly dangerous act the realization of criminal law requires the existence of individual legal act of the court where the questions of its character, guilt of the offender, just measures of retaliation are solved. The delivery of this act is preceded by a law enforcement activity of the authorized state bodies involved in the preparation of the case for a trial. Application is a necessary, compulsory element of the process of realization of criminal law in the form of enforcement. However, criminal procedure activity is needed when Criminal Code is applied and there are doubts about the legality of acts (omissions of acts) of citizens. Thus, a prior realization of norms (observance of prohibiting norms and application of authorized ones) or the need for their further realization in the form of enforcement can form the result of criminal law application.

Keywords

Authors

References