The criminal justice system in a country comprises the legislature, the enforcement agencies, the courts, and correctional services. Its basic objective is to provide protection to the 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. The Criminal Justice system consists of three basic systems: investigation, prosecution, and trial.
How the 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 take custody of the culprit. Prosecution authorities take the case to the court and challan the offenders. Criminal courts are the main part of the 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 releases if any doubt.
FACTS FOR COURT PROCEEDINGS
- Prosecution must succeed for the merit of the case and must prove their case against the accused. The benefit of the doubt works for the accused.
- The basic rule that criminal law follows is accused is considered innocent until proven guilty.
- The 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 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 translations would prompt an abnormal circumstance and would bring about equal proceedings.
- The court decision is based on the quality of evidence rather than the 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 the Criminal Laws of Pakistan
Mens rea and actus reus mean 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, or physical guilt.
Age for Criminal Responsibilities under Pakistan’s Criminal Laws
The minimum age to be tried under Criminal proceedings is seven years under Section 82 of the Pakistan Penal Code. For the age between seven and twelve cases may also be affected by the fact that the accused has attained the development of understanding to know the nature and consequences of his offence.
GUIDE FOR CRIMINAL CASE PROCEEDINGS
- Pre Investigation Stage
- A criminal investigation is the name of an assortment of evidence in regard to the wrongdoing being referred to. Its fundamental intention is to guarantee that nobody is put on trial except if there is a great body of evidence against him.
- The First Information Report (FIR) is a notably specialized depiction of a report under 154, Code of Criminal Procedure, 1898 (Cr.P.C.) which gives first data of a cognizable offense. It is for the most part made by the complainant or somebody for him.
- Police are under a legal obligation under section 154 Cr.P.C. and also, have legal right presented under section 156(1), Cr.P.C. to explore cognizable offenses.1 If there should arise an occurrence of an investigation into non-cognizable offenses, the police by uprightness of section 155, Cr.P.C., will be needed to acquire consent from the Magistrate by making a passage into the concerned book according to police rules and afterward to explore the case; they can neither register a case under section 154, Cr.P.C. nor would they be able to capture the accused without a warrant.
- Investigation Stage
- Section 172, Cr.P.C. requires each police official making an investigation to enter his step-by-step proceedings in the investigation in a diary, presenting (a) the time at which the data contacted him, (b) the time at which he started and shut his investigation, (c) the spot or places visited by him, and, (d) an assertion of the conditions discovered through his investigation.
- “Arrest” is the method through which an individual is denied his freedom by lawful authority. The term ‘arrested’ is for the most part used to indicate ‘arrest’. Also, the term ‘authority’ is just one of the types of confinement. Police are dressed with huge forces to arrest an individual in instances of non-bailable offenses, bailable offenses, and even in issues where they may make preventive arrests. A private person can also arrest a person who has committed the crime. The magistrate can also arrest or order to arrest the accuser.
- After the accused is arrested, he/she must be produced before a magistrate at any cost within 24 hours of his arrest.
- In case the investigation is not completed within 24 hours, the Magistrate may be asked by the Police to give remand depending on the case. Remand maximum can be extended to 15 days.
- The Magistrate will not allow police authority to remand without the accused.
- Be that as it may, when the accused is too sick to even consider voyaging; as is for the most part found in situations where the accused is harmed and is subsequently hospitalized, and the specialist ensures his failure to move; or when an accused is a lady who has as of late brought forth a kid, and can’t be taken before a Magistrate without individual anguish or danger to wellbeing, they ought not be eliminated until they are in an appropriate condition to travel.
- Woman remand cannot be demanded with the exception of cases related to qatal or dacoity.
- Bail can be granted by Police and magistrate. In the case of the Police, it ends with the conclusion of the investigation.
- PRE TRIAL STAGE
- This stage includes proceedings from Police report submission to framing of charges against the accused.
- Challan or final investigation report exception of its finding (guilt or innocence) is presented in Criminal Court under S.173.Cr.P.C. Investigation must be completed without any unnecessary delays within 14 days of F.I.R.
- A charge sheet or challan is filled on the Government directed form.
- In case of insufficient evidence court orders to release the accused.
- All the documents including statements of witnesses, and police reports must be provided to the accused free of cost seven days before the start of the trial.
- Charge, different kinds of framing charges, accused guilty or not guilty, accused remaining silent during the plea, accused pleads not guilty but admits later, withdrawal of charges, the law of evidence, components of witness, deaf and numb witness, defense, final judgment, acquittal, and convictions are primary parts of trial proceedings.
HOW AND WHEN TO CONTACT CHHEENA LAW FIRM
Chheena Law firm has years of experience in cases related to violence and crimes, i.e. Cyber Crime, Corruption, Murder, Narcotics, White Collar Crimes Murder, Sexual Harassment, Kidnapping, Terrorism, attempt to murder, rape, Extortion, Robbery, Human Trafficking, and many more cases. Chheena Law Firm has expert lawyers at every district session bar in Pakistan. Chheena Law Firm has expert criminal lawyers at Provincial courts, and the Supreme Court of Pakistan. Through our contact number, you can contact us and seek legal opinion for free. After consultation, our services for case proceedings can also be hired.