The criminal justice system in a country comprises of the legislature, the enforcement agencies, the courts and correctional services. Its basic objective is to provide protection to life and property of citizens and to ensure order in society. It has three main phases; investigation by police, trial by Courts, and execution by jail authorities. Criminal Justice system consists of three basic systems: investigation, prosecution and trial.
How criminal system works in Pakistan
It has three main pillars i.e. the investigation by Police, prosecution by Jail Authorities and the trial by Court. Police investigate the crime and bring the take custody of the culprit. Prosecutions authorities take case to the court, Challan the offenders. Criminal courts are main part of criminal justice system. It starts proceedings after a charge has been labeled. It provides the charge sheet to the accuser. And after proceedings it convicts if guilty and release if any doubt.
FACTS FOR COURTS PROCEEDINGS
- Prosecution must succeed for the merit of the case and must prove their case against the accused. Benefit of doubt works for the accused.
- Basic rule that criminal law follows is accused is considered as innocent until proven guilty.
- Accused has no vested option to be attempted by a specific Court. In the event that exposed perusing of claims leveled against him, at first sight present out a defense to be attempted by a Special Court to which it is looked to be moved, at that point no exemption can be taken to it. Some other translation would prompt an abnormal circumstance and would bring about equal proceedings.
- Court decision is based on quality of evidences rather than quantity of evidence.
- Each case has its own footing and facts for its standing. Similar cases’ facts and circumstances are not similar.
When a case is tried under Criminal Laws of Pakistan
Mens rea and actus reus means a guilty mind and the actor criminally respectively so this means a person will be guilty if he has committed one of the two or both acts i.e. mental guilt, physical guilt.
Age for criminal Responsibilities under Pakistan’s Criminal Laws
Minimum age to be tried under the Criminal proceedings is seven year under Section 82 of Pakistan Penal Code. While for the age between seven and twelve case may also be affected by the fact if accused has attained development of understanding to know the nature and consequences of his offence.