Criminal law is the body of legal rules and principles that define offences, criminal liability and criminal sanctions.
Križanec lawyers provide our clients with legal assistance in the entire field of criminal law. We represent or defend our clients in pre-trial and criminal proceedings (including the investigation phase), ordinary remedies (appeals), extraordinary remedies and also in the process of enforcement of criminal sanctions.
Legal experts from the Law Firm Križanec have an in-depth knowledge of the criminal justice system at all stages of criminal proceedings and we know the different tactics of the prosecution, which helps us to represent our clients in criminal proceedings in a high-quality and above all effective way. Even if the party’s guilt is clearly proven, we help it to reach an agreement on the admission of guilt and try to achieve the most lenient criminal penalty possible.
We also provide legal assistance in representing the victim – victims in criminal proceedings. We prepare a claim for damages against the alleged offender, usually followed by a civil court action for damages, since the criminal court rarely decides on this itself.
If necessary, we shall also bring up a criminal charge against the client on suspicion of the commission of an offence against a known or unknown offender.
A criminal law lawyer needs to be well aware of the Criminal Procedure Act and the Criminal Code.
In our law we have three types of criminal proceedings:
(1) ordinary or general criminal proceedings,
(2) summary criminal proceedings,
(3) criminal proceedings against minors.
The ordinary criminal proceedings are scheduled for offences punishable by a sentence of more than three years in prison. It is divided into several stages or stages.
The summary criminal proceedings are provided for offences punishable by imprisonment or imprisonment of up to three years. Its structure is more straightforward as, among other things, it is not the prescribed stage of the investigation.
Criminal proceedings against minors are provided for minors and persons who have committed crimes as minors and have not reached the age of 21 (under the age of 21) at the time of the trial.
Lawyers at the Law Firm Križanec have extensive experience in all the criminal proceedings described above, which is why we can guarantee our clients the exercise of their rights and represent them professionally throughout the criminal proceedings.
NEED HELP IN THE FIELD OF CRIMINAL LAW?
A criminal lawyer may act as a representative of the accused or as a representative of the private prosecutor, the injured party or the injured party as prosecutor.
In criminal proceedings, the accused has the right to a professional formal defence, which is guaranteed to him in such a way that he can choose a defence counsel. A defence counsel can only be a lawyer or a lawyer candidate, and a lawyer candidate cannot be a defence counsel before the Supreme Court. As a lawyer, the lawyer (lawyer) ensures that ‘equality of arms’ is ensured in criminal proceedings, since both parties (accused and public prosecutor) must be equal in the proceedings. The prosecutor has the entire state apparatus behind him, which leaves the accused without a lawyer in a markedly weaker position. The lawyer (counsel) shall not be heard as a witness to what the accused has told him, unless the accused so requests. The defender is usually taken by the accused himself, or can be hired by his loved ones (representation by proxy). However, in all cases of mandatory formal defence (when described below) in the proceedings, the court must ensure that the accused has a defence, even if he does not take it himself.
Mandatory formal defence is prescribed in criminal proceedings at various stages of the proceedings, namely:
1. in the event of arrest by the police,
2. in the decision-making process on detention,
3. during detention (the accused must have a counselor at all times while in custody),
4. at the first hearing, if he is mute, deaf or otherwise unable to defend himself successfully, if he has been deprived of his liberty and has been brought to the investigating magistrate,
6. if he is being prescribed a criminal offence with a prescribed sentence of 30 years’ imprisonment,
7. on service of the indictment in regular criminal proceedings (at the time of service of the indictment, the accused must have a defence counsel in the case of offences with a prescribed sentence of more than 8 years in prison,
8. at the main hearing stage, if he is judged in absentia,
9. at the hearing, which will be evidence in criminal proceedings.
In criminal proceedings, a private prosecutor, the injured party and the injured party may have a representative as a prosecutor and their legal representatives, who may exercise their rights in the proceedings. A lawyer may also perform the function of delegate.
It is mandatory for a minor injured party to have a minor in the process of sexual offences other than pimping, prostitution and pornography. The delegate shall ensure the protection of his personal integrity when hearing and enforcing a property claim. The minor injured party must have a proxy from the opening of the criminal proceedings, if he does not have one, he or she is placed by a court of his lawyers.
A lawyer may, as a representative of the injured party in the criminal proceedings, make a claim in the name and on behalf of the injured party which could otherwise be made in the action. The object of the claim may be reparation for the damage caused by the crime, the return of the belongings taken away by penalties, the annulment of a particular legal transaction, etc.
When choosing a lawyer to represent you in criminal proceedings, pay attention to the following characteristics, which in our assessment must be of a good criminal lawyer:
Criminal procedural law divides criminal proceedings into the following stages:
A) Pre-trial proceedings
B) Investigation
C) Indictment proceedings
D) Main treatment
E) Judgment
F) Procedure with ordinary remedies
G) Emergency procedure
Pre-trial proceedings relate only to offences for which the offender is prosecuted ex officio. In the case of offences for which the offender is prosecuted in a private action, the private prosecutor must come to the data on his own, which will determine whether or not to initiate a criminal prosecution. The Public Prosecutor may apply to the court for criminal proceedings only on condition that there is reasonable suspicion that a particular person has committed an offence of his own motion. Reasonable suspicion is given where there is a certain volume and quality of evidence which can be inferred with a high degree of probability that a criminal offence has been committed. The acts used to gather evidence in pre-trial proceedings are criminal acts carried out by the police. A criminal law lawyer will be able to advise the client on the appropriate strategy of a successful defence in the pre-trial proceedings.
An investigation is the stage of ordinary criminal proceedings by a court (investigating judge). An investigation shall be initiated at the request of the Public Prosecutor if there is reasonable suspicion (higher probability) against a particular person that he has committed a particular offence. The purpose of the investigation is to collect the information necessary for the decision to proceed with criminal proceedings. It gathers only so much evidence of a criminal offence and an offender that it can be judged whether or not criminal proceedings should continue.
The indictment is the level of criminal proceedings that begin with the filing of an indictment act. In ordinary criminal proceedings, an indictment is usually brought after an investigation has been carried out. Exceptionally, the Attorney General may bring a direct indictment.
At the main hearing, the court hears witnesses, experts and accused persons, carries out evidence and ultimately adjudicated on a criminal case, decides on the merits of the charge and found the accused guilty or innocent. The purpose of the main hearing is to give judgment. A criminal law lawyer shall ensure that the rights of the accused in criminal proceedings are respected.
The sentencing is a verdict that found the defendant guilty by the court. The court shall give it a verdict when it finds that the accused has committed a criminal offence and that the accused is criminally liable (subsoi and guilty). By sentencing judgment, the court imposes a criminal penalty (penalty, suspended sentence, security measure, etc.) and, inter alia, decides on the confiscation of the wrongful proceeds, on the costs of criminal proceedings, on the proceeds of crime of the injured party, etc.
An acquittal is a judgment by which the defendant’s court acquitts the defendant of the charges. It shall give a ruling if the offence being charged is not criminal, if there are circumstances which exclude the criminal liability of the accused or if it is not established that the defendant has committed the offence he is accused of.
A judgment dismissing it is a judgment by which the court finds that there are no procedural conditions for criminal prosecution or lack the legal preconsation for substantive ruling.
The stage of redress is a specific stage of criminal proceedings. It occurs when a disgruntled party attacks a court decision and demands that it be overturned or amended.
Extraordinary remedies challenge the final judgment.
In proceedings before the court, a criminal lawyer must offer the parties professional representation and guarantee of “equality of arms” and thus equal treatment at all stages of criminal proceedings.
The system of criminal sanctions in Slovenian law is pluralistic. There are several types of sanctions – the fundamental division is on security measures, sanctions and warning sanctions.
The penalties apply to offenders who are sms, of age and guilty of crimes. If the offender’s guilt is established in the proceedings, it proves that he was aware that he was acting in breach of the law. It is therefore responsible for its conduct and the consequences resulting from that conduct. And because he’s responsible, the law ys him in the form of punishment. In our legal system, there is a custodial sentence, a fine and a side penalty for driving a motor vehicle.
The warning sanctions are a reminder of a nature and, in substance, constitute compensation for the penalty of deprivation of liberty. There are three types of warning sanctions: probation, probation with protective supervision and a court order.
The security measures stem from the finding that some perpetrators are at risk of repeating criminal offences. The duration and form of the security measure depends not on the offender’s guilt, but on the degree of danger. The Penal Code provides for six types of security measures: mandatory psychiatric treatment and care in a medical institution, compulsory psychiatric treatment at large, prohibition of occupation, restraining or communication with the victim, withdrawal of driving licence and confiscation of items.
Criminal law requires that a criminal penalty be individualised, which means that it is measured according to the seriousness of the offence and the personality of the offender. This is the first penalty assessment framework that the court takes into account. Then the court takes into account all those circumstances which affect the fact that the penalty will be reduced or greater in that context – these are mitigating and aggravating circumstances.
Types of mitigating and aggravating circumstances:
When sentencing, the court also takes into account the expected impact of the sentence on the future life of the offender in the social environment.
A good criminal law lawyer will be able to enforce extenuating circumstances in the correct way and minimise the impact of aggravating circumstances.
The Penal Code provides for penalties for individual offences in the range (e.g. for the offence of counterfeiting money, a penalty of between six months and eight years). As a rule, when the sentence is levied, the judge may drop to the lower limit (i.e. 6 months in our case). Exceptionally, however, the court may ease the penalty, which means that it applies a lighter sentence than the one prescribed. This will be done by the judge if he considers that there are circumstances that make the weight of the offence less.
Lawyers at the Law Firm Križanec always strive to make the client, if possible, a mitigating sentence.
If a convict has been given a custodial sentence, he is likely to serve in a prison facility. Once he has been sentenced to 1/2 imprisonment (or 3/4 for sentences over 15 years), he can apply for parole. In such a case, he will be released from prison, provided that he does not commit a new offence during the trial period.
The first condition for conditional release is therefore that a certain part of the penalty has already been met. The second (substantive) condition is to conclude that it is reasonable to expect that the offender will not repeat the crime.
The grant of probation is in the discretion of the Parole Board, which will grant it only if it assesses that the convict has demonstrated, through his work and behaviour during his sentence, that he deserves that advantage.
If the convict carries out a new offence during the probation period, the court will be able to revoke his parole and the convict will return to the Prison Service.
If you are interested in more on criminal law, you can also read some of the most frequently asked questions with answers, compiled by lawyers in our office.
