The main purpose of criminal proceedings is to clarify the committed crime, to determine the circumstances under which it was committed and to ensure fair punishment of the perpetrator.
Criminal proceedings primarily determine the following:
- whether an act that occurred may be considered a crime,
- who committed this act – the perpetrator,
- why and how the act was committed, the motive that led the perpetrator to commit it,
- classifying the act that was committed as a crime based on legislation,
- to whom and what damage was caused by the crime.
In criminal proceedings it is decided on:
- whether the conditions are met to convict the perpetrator,
- punishment for the perpetrator (e.g. imprisonment, fine, forfeiture of property),
- if an agreement on guilt and punishment can be concluded or a settlement can be reached,
- the amount of damages and compensation to the victim.
Criminal proceedings may be divided into two main phases:
- pre‑trial proceedings
- pre‑prosecution proceedings
- preparatory proceedings
- court proceedings
- judicial review of the indictment
- main hearing
- appellate proceedings
- enforcement proceedings