Criminal procedure

Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge and results in the conviction or acquittal of the defendant.

Basic rights

Currently, in many countries with a democratic system and the rule of law, criminal procedure puts the burden of proof on the prosecution – that is, it is up to the prosecution to prove that the defendant is guilty beyond any reasonable doubt, as opposed to having the defense prove that s/he is innocent, and any doubt is resolved in favor of the defendant. This provision, known as the presumption of innocence, is required, for example, in the 46 countries that are members of the Council of Europe, under Article 6 of the European Convention on Human Rights, and it is included in other human rights documents. However, in practice it operates somewhat differently in different countries.

Similarly, all such jurisdictions allow the defendant the right to legal counsel and provide any defendant who cannot afford their own lawyer with a lawyer paid for at the public expense (which is in some countries called a "court-appointed lawyer"). The fundamental rights are as follows:

Criminal Procedure (Hong Kong)

Every society has its own sets of moral standards and expectations. Different legal systems and laws develop and evolve based on these moral standards and expectations. Following the common law system introduced into Hong Kong when it became a Crown colony, Hong Kong's criminal procedural law and the underlying principles are very similar to the one in the UK. As if in other common law jurisdictions, Hong Kong follows the principle of presumption of innocence. This principle penetrates the whole system of Hong Kong's criminal procedure and criminal law. Lord John Sankey once described this principle as a 'golden thread'. Therefore, knowing this principle is vital for understanding the criminal procedures practised in Hong Kong.

Principle of Presumption of Innocence and Its Extended Rights

Extended Rights

According to the principle of presumption of innocence, every single human being is to be assumed innocence unless proven guilty. As a result, the Secretary for Justice, the prosecutor, bears the burden of proof. Because the burden of proof is on the prosecutor but not the accused, the accused has no business to actively prove him/herself innocent; and thus, the accused has the right to silence, right against self-incrimination, right to request writ of habeas corpus, and right to bail. In addition to the extended rights, the principle of presumption of innocence also requires every evidence which the prosecutor presents to the court must fulfil the requirement of beyond reasonable doubt which is also known as the standard of proof in the Common Law. Another principle extended from the principle of presumption of innocence is the principle of benefit of doubt given to the accused. In every criminal case, consistent with the presumption, the accused is also granted the right to the last word so that the accused can always have the chance to defense and comment on anything brought before the court against him/her.