What Are The Most Common Terms To Know In A Criminal Defense Case
Michelle Johal Brampton will share with you a list of the most important terms to know about.
“Suspect” means a person against whom, on the grounds of suspicion that he or she has committed a criminal act, the competent state authority in the pre-trial procedure has taken the action prescribed by this Code and the person being investigated.
“Defendant” means a person against whom an indictment has not yet been confirmed, or against which an indictment, a private lawsuit or a motion to impose a security measure of mandatory psychiatric treatment has been filed, and the main trial or sentencing hearing has not yet been determined, that is, the expression serving as a general name for the suspect, defendant, accused and convicted person.
“Accused” means the person against whom the indictment is confirmed and the person for whom a main trial or summary hearing has been ordered in summary proceedings in connection with an indictment, a private lawsuit or a motion for a security measure of mandatory psychiatric treatment.
“Convicted person” means a person who has been found by a final decision of a court to be a perpetrator of a criminal offense or an unlawful act specified in the law as a criminal offense, unless it is considered non-convicted on the basis of the provisions of the Criminal Code.
“Prosecutor” means the public prosecutor, the private prosecutor and the injured party as the prosecutor;
“Public prosecutor” means, appellate public prosecutor, senior public prosecutor, basic public prosecutor, public prosecutor of special jurisdiction, deputy public prosecutors and persons empowered to replace them by law;
“private prosecutor” means a person who has filed a private lawsuit for a crime for which prosecution is prosecuted in a private lawsuit;
“Injured party as prosecutor” means a person who has been prosecuted by a public prosecutor;
“Party” means the plaintiff and the defendant;
“Witness” means a person who is likely to give notice of a crime, perpetrator, or other facts ascertained in the proceedings.
“Charge” means an indictment, an indictment, a private lawsuit and a motion for a security measure, that is, a term used as a generic name for an act of a prosecutor that lists the characteristics of a criminal offense or an unlawful act designated by law as a criminal offense.
“Injured party” means a person whose personal or property right has been violated or endangered by a criminal offense;
“Injured party’s representative” means the legal representative and proxy of the injured party, injured as a prosecutor and a private prosecutor;
“Proceeding” means pre-trial and criminal proceedings;
“Basis of suspicion” is a set of facts that indirectly indicate that a crime has been committed or that a particular person is the perpetrator of the crime;
“Reasonable suspicion” is a set of facts that directly indicate that a person is the perpetrator of a crime;
“Justified suspicion” is a set of facts that directly substantiates a reasonable doubt and justifies a charge;