Public prosecution and Examination Principle in Pre-trial procedure

Abstract

The purpose of this article is to study the Problem situation of the principles of state criminal prosecution and the principles of investigation in criminal cases of criminal prosecution before prosecution.

According to the findings of the study, the principles of public prosecution and investigation are related in the sense that the principle of public prosecution views the maintenance of public order as a duty of the state. Criminal proceedings, which are cases involving peace and order, must rely on the investigation principle to discover the truth. so that the truth that the state knows is correct and matches the truth of the story as much as possible which is true in the content (truth). Under the law protecting the accused's rights, the accused is elected as the chairman of the case. The case differs from civil litigation that seeks the truth through the principle of fighting. As a result, the truth can only be obtained through the ceremony. Specifically, the truth obtained from criminal proceedings in the class before sued, in which the prosecutor is only the plaintiff in the form of a losing partner with the defendant. To allow the state to take various measures such as punishment and the release of innocent people, to quickly, accurately, and appropriately resolve social problems caused by criminal offenses in accordance with the duties of the state. Pre-trial criminal proceedings were initiated without sufficient evidence, and the defendant was then sued to fight the case in court. It is not correct for the case to be tried in court where the judge is the judge as the combat.