The principles of criminal trial in the system of guarantees of the rights and legitimate interests of the suspect and defendant

Serguei Cheloukhine, S. Аydarbaev, Aizhan Aryn

International relations and international law Journal, 2019

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DOI 10.26577/irilj.2019.v85.i1.05
Data confidence 70 medium
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Abstract

Protecting citizens from crime is the most important function of any state. The object of it is as persons who have suffered from unlawful encroachments, in respect of which urgent action is required to take government measures to uncover, investigate and judicially resolve criminal cases, as well as illegally subject to criminal prosecution. From this position, both groups of people are victims of criminal encroachment, involved in the sphere of criminal jurisdiction. The principles of criminal procedural law, along with the categories of the subject and method of legal regulation, are one of the categories of a very general nature and expressing the essence of the criminal process. This article discusses the principles of criminal proceedings relating to and ensuring the rights, freedoms and legitimate interests of suspects and defendants in the criminal proceedings of the Republic of Kazakhstan. To achieve the goal and objectives, an analysis of the scientific principles of the criminal process has been carried out. Some recommendations on introducing amendments to the criminal procedure legislation in the field of ensuring the rights, freedoms and legitimate interests of suspects and accused are given. Separately, the essence and content of the principle of personal immunity, the principle of the presumption of innocence, and the principle of ensuring the right to defense of the suspect and the accused are examined and analyzed. The point of view is substantiated, according to which the principles of criminal procedure should be essentially a kind of concept of building the activities of state bodies and officials conducting the proceedings on the protection of the rights and legitimate interests of an individual in criminal proceedings.Key words: criminal procedure legislation; criminal trial; principles; bodies of preliminary investigation; court; prosecutor; lawyer; participants of criminal procedure; suspect; defendant; presumption of innocence; rights, freedoms and legitimate interests; inviolability of the person; right of protection.