Investigation on Effective Procedural Law Based on Crime, Criminal Acts, and Criminal Suspect

Abstract

According to the basic principle of law, anyone should be considered innocent in law before finding himself guilty by the court. The principle of presumption of innocence is mainly manifested in two aspects: firstly, the accusing party takes the burden of proof. Secondly, it protects the fundamental rights of citizens, especially those suspected of crimes rights of persons and defendants. This research will explore how the state initiates criminal prosecution based on criminal suspicion regarding the basic principle of presumption of innocence. Also, this article illustrates the difference between criminal suspicion and crime and criminal facts, conducts a conceptual analysis of criminal suspicion, and discusses the classification and proof of crime suspicion to describe the three main types of criminal suspicion manifested in procedural law. Firstly, the concept of a criminal suspect has been defined to understand the crime that endangers society and should be punished according to the law. Secondly, the identification and proof of criminal suspect are investigated based on investigative, procedural organs and whether the presumptions about the crime and the perpetrator are correct. Finally, the effect of the criminal suspect in the procedural law has been observed for a free citizen turns from a native person to a criminal is that he has a criminal suspicion, and the investigation and prosecution agency suspects that he has committed a crime. The research has practical implications in the principle of presumption of innocence. It effectively protects the lawsuits of criminal suspects and defendants only by clarifying the difference between criminal suspects and criminal facts but also criminal suspects and criminals at the legislative level and in judicial practice.