Authored by Rydhum Raparia
Pre-Trial?
I wonder how many people are aware of this term? So just to enhance your knowledge
on this topic, here is an article that will contrast the Pre Trial process that
takes place in India and China. When
a person faces a case in a court of law, the word that comes across is how the Trial
is initiated and many people are not aware of the procedure or process of
initiating the trial.
Pre Trials are important for the defense council to take proceedings prior to being a jury that helps them suppress evidence and also dismiss the charges. It also helps them to discover witness testimony. Motion hearings are also important for whether or not they should risk going to a jury.
Pre Trials are important for the defense council to take proceedings prior to being a jury that helps them suppress evidence and also dismiss the charges. It also helps them to discover witness testimony. Motion hearings are also important for whether or not they should risk going to a jury.
The procedure of Criminal trial in India is governed by The Code of Criminal Procedure, Indian Penal Code (which is applicable to all offences) and Indian Evidence Act, which is a manner of production of the evidence in a trial whereas in China the Criminal Procedure Law of the People’s Republic of china governs criminal trials.
PRE-TRIAL
PHASE
INDIA
1. Registration of FIR
First Information Report is the
first step, which gives birth to the Criminal case. An FIR is
lodged under Section
154 of the Criminal procedure code. FIR provides the general information to the
police whenever there is a cognizable offence. FIR can be recorded in writing or verbally with
a police officer. When submitting a written FIR, it must be signed by the
person who is filing it. One who files an FIR has a right to receive a copy of
the FIR. Under section 156(3) where
an aggrieved person may file a petition before the magistrate asking for a
direction to the police to lodge a FIR if police refuse to file an FIR.
2. Investigation
It leads an investigation officer to conclude
whether a charge sheet has to be filed and if during his
investigation he discovers the offence, a charge sheet is filed otherwise
closure report will be filed before the concerned court. If from the information received the officer in charge of the police
station has reason to
suspect the commission of an offence, he shall send a report of the same to a magistrate and power to take cognizance of such
offence.
PRE-TRIAL
IN CHINA
Part 2 chapter 1 of Criminal Procedure Law of
the People’s Republic of china deals with Filing a case, investigation and
Initiation of Public Prosecution. Article
83 mentions that once public security organ discovers the facts of crimes
or criminal suspects should file the cases for investigation within the scope
of jurisdiction. Article 84 says
that an individual after discovering the facts has right and duty to report the
case or provide information to a public security organ, a People’s Court. The
victim shall have the right to report to a public security organ, a people’s
court about the facts of the crime or bring a complaint to it against the
criminal suspect. The people’s court has to accept all reports, complaints and
information and if it falls out of its jurisdiction, it shall refer the case to
the competent organ. Article 85 says
that the complaint may be filed in writing or orally. The oral report should be
written by the officer. It should then be read to the reporter and all errors
should be corrected. It may then be signed and sealed. The public security
organ shall ensure the safety of reporters and their near relatives. Their
names shall be kept confidential if they wish to not disclose the same to the
public. Thereon, Article 86 within
the scope of its jurisdiction; promptly examine the materials provided by a
reporter, complainant or informant. If they feel that the matter should be
investigated into it should file a case. If it believes that there are no facts
of a crime it shall not file a case and shall notify the complainant of the
reason behind it. If the complainant does not agree with the decision, he may
ask for reconsideration
Hope this article provides you plenty of information. So, watch your steps whenever you come across some offence in
China or in India.
Sources:
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