Basics

Question 1

Two main stages of CP

Answer 1

1. Pre-trial stage (hypothesis, private, suspect)
2. Trial stage (Validation of hypothesis, Public, Defendant)

Different rights but no clear demarcation between the two stages

Question 2

Why do we need criminal procedure?

Answer 2

1. To prosecute crime and promote security

2. To protect individual rights and promote liberty

Question 3

Factual presumption of guilt v normative presumption of innocence

Answer 3

1. When a subject if statistically factually guilty

2. When a subject should still be treated as if he were innocent

Question 4

Stages in GR

Answer 4

1. Investigation:
   - Police under control of PP
   - Judge of the investigation checks legality of coercive measures and can act if requested by PP
2. Intermediate stage:
   - PP decides whether trial, bail or abandon prosecution
   - Pre-trial court - Checks if case had standing
3. Trial:
   - Trial judge collects evidence
   - Professional and lay judges
   - Decides on facts and guilt

Question 5

Stages in NL

Answer 5

1. Investigation:
   - Same as GR
2. Prosecution:
   - PP decides whether or not to prosecute (no obligation)
3. Trial:
   - Trial judge collects evidence
   - Only professional judges

Question 6

Stages in EN

Answer 6

1. Investigation:
   - Only by police
   - In special situations there can be a pre-trial court
2. Intermediate stage:
   - CPS prosecutes
   - Opportunity principle
3. Trial:
   - Parties actively participate
   - Professional judge monitors
   - Jury decides on facts and guilt