Effect On The Suspect And Its Procedural Law

Presumption of innocence principle is an important criminal suitprinciple and is commonly used in the world. Everyone is innocentbefore he is proved and pronounced guilty. Its extended meaningsinclude:(1)The accusing party has the responsibility to offerevidence;(2)The suspect without evidence should be regarded asinnocent. The reason that person involved in the criminal proceedings isto be suspected. The reason why the police and the procurator started aninquiry is that somebody has been criminal suspected.This article is comprised of four partsPart one discusses the conception of criminal suspect. Criminalsuspect is different form corpus of a crime. Criminal suspect is theextrapolation about criminal act. So the concept of criminal suspect is asubjective judgment according to the evidence. The characteristics ofcriminal suspect includes that the special content and the particularpurpose.Part two deals with the type of criminal suspect. Based on thedifferent standards, criminal suspect can be divided into differentcategories. According to different degree, criminal suspect can bedivided into three types: Simple Suspicion,Probable Cause,DefiniteSuspicion; Based on the different periods of criminal proceeding,criminal suspect can be divided into three sorts: the suspect ofinvestigation,the suspect of prosecution,the suspect of trial.Part three discusses the investigation and proof about criminalsuspect. Investigation is different with proof. Investigation meansdiscovering the evidence, proving means and displaying the evidence.The Purpose of criminal procedure is to prove that some action is acrime done by someone. Criminal investigator verifies the criminal caseand displays powerful evidence materials, which will be reviewedand adopted as conviction evidences by judges of the third party. Basedon being innocent from the birth and value and interest tropism of most people, we have no reason not to choose presumption of innocence. Ifthe procurator can not prove criminal suspect to be guilty, they shouldshoulder the risk of the lost of the case.Part four talks about the different effects base on different degree ofcriminal suspect in the criminal procedure. Firstly, criminal investigationprocedure takes criminal suspect as a premised suspect. The existence ofthe simple criminal suspect is the reason that investigating officer startscriminal investigation; Secondly, the criminal suspect is the basis thatcriminal coercive measures were carried out. Criminal coercivemeasures are the measures which may infringe upon the citizen'sfundamental rights, have to be subjected by judicial writ; Finally, theprocurator institute a prosecution because of the criminal suspect.The purpose that we understand the conception of criminal suspectis to protect the rights of criminal suspects and defendants. In China, wehave made great progress in protecting the rights of suspected offendersand defendants during criminal proceedings, however, there is still someimperfection. In order to avoid being misunderstood, it is necessary todefine the difference between the suspected offenders and the criminaloffenders. Judicial member can't consider suspected offenders ascriminal offenders. Although the concept of criminal suspect is built onthe foundation of objective evidence, this kind of calculates is stillsubjective. Suspected offender is innocent on the law, we have to protecthis legitimate rights. We should put forth our efforts to foster the legalenvironment for the protection of the rights of criminal suspects and thedefendants.