Straffprocess

Straffprocess, or criminal procedure, is the legal framework through which criminal cases are investigated, charged, adjudicated, and enforced within a jurisdiction. In contexts such as Swedish law, the term straffprocess denotes the overall criminal procedure and is shaped by constitutional protections, criminal codes, and procedural statutes.

Core principles include the presumption of innocence, the burden on the state to prove guilt beyond a reasonable doubt, the right to legal counsel, the right to a fair and public hearing, and protections against arbitrary detention, search, and self-incrimination. The procedure strives to balance public safety and the interests of society with individual rights.

Typical stages begin with a police or prosecutorial investigation to gather evidence. A decision is then made on whether to bring charges. If charged, a trial is held before a court where evidence is presented, witnesses may be examined, and the defense is heard. A verdict determines guilt or innocence, and if found guilty, sentencing follows. Depending on the jurisdiction, there may be opportunities for appeal, and enforcement of the sentence occurs after it is imposed.

Key actors include police, prosecutors, defense attorneys, and judges. Admissibility of evidence is governed by procedural rules, and the standard of proof is commonly beyond a reasonable doubt. The procedure may be adversarial, inquisitorial, or a combination, influencing how trials are conducted.

Criminal procedure is influenced by international human rights norms, such as the rights to a fair trial, and by national constitutional protections. Practices and terminology vary by country, with differences in features such as preliminary inquiries, plea bargaining, or jury involvement.