From Simple English Wikipedia, the free encyclopedia
Criminal procedure
refers to the rules that determine how the courts will process a criminal
trial
.
[1]
While criminal procedure differs by
jurisdiction
, the process generally begins with a formal
criminal charge
and results in the
conviction
or
acquittal
of the
defendant
.
[2]
Many countries have a
democratic system
and use the
rule of law
. There are a number of common principles. In a
criminal
case the burden of proof is on the
prosecution
.
[3]
That means it is up to the prosecution to prove that the defendant is guilty beyond any
reasonable doubt
.
[4]
This is opposed to having the
defendant
prove he or she is innocent. It also means any doubt is resolved in favor of the defendant. This
provision
is known as the
presumption of innocence
.
[5]
If charged with a
felony
, defendants have the following basic rights:
- The right to be informed about the
crime
for which the person is being
arrested
.
[6]
- The right to
legal counsel
.
[6]