Thursday 28 June 2012

How to get rid of a criminal case?

Criminal case is always very annoying for the persons accused in it. The reason is that the accused have to attend all the dates of hearing in a criminal case. Apart from that the accused persons are always in a fear that they might get arrested or convicted in the end. There are some lawyers that take advantage of this scenario and they charge fee from accused persons on every adjournment apart from the decided fee. Similarly there are police officers that take bribery from the accused persons from time to time in order to take advantage of their fear. However, these are not the ways to work things out.

The best way to deal with a criminal case is to contest it in the court of law. If the accused has done nothing wrong then he/she must not fear anything. There are many legal maxims that support the innocent people that are falsely implicated in criminal cases. Similarly there is a famous legal maxim in common law system saying "Benefit of doubt goes to the accused". That is really helpful to judged in deciding criminal cases and there are many lawyers that win criminal cases on the basis of this legal maxim.

When it comes to Indian or Pakistani Criminal law system there are number of ways to deal with a criminal case. In the start the accused should get bail before arrest as soon as he/she gets the knowledge of FIR being lodged against him or her. After that the best way is to enter into compromise with the complainant. When the accused is charged of offenses that are of compoundable nature, he/she gets released from the court of law on the bases of such compromise.

A drawback of compromise is that the accused is declared a convict from the court of law. The same thing happens in cases where the accused pays the penalty to the court for getting released. That happens in many cases of minor offenses as the courts are not willing to keep the accused in such offenses in the jails. However that is not an ideal way to work things out as "once a conviction is always a conviction".

An ideal way is to go for acquittal in a criminal case. In many law systems around the world there is a principal that the magistrate has powers to acquit an accused when the complainant doesn't attend the proceedings in a criminal case. Another thing is that the magistrates have powers to acquit accused persons when they have suspicion that the accused is falsely implicated in a criminal case.

A magistrate or the trial judge also has powers to acquit the accused when the prosecution is proved to have malice towards the accused. For example if the prosecution doesn't take up the case seriously and adequate record is not provided to the court of law then accused can be acquitted. Similarly if the evidence against the accused is not sufficient then he/she can be acquitted by the trial court. The Trial court also has powers to discharge the accused at any time of the trial depending upon the nature of offenses and the role of accused in the case.

Quashment of FIR and Complaints is another important subject. The trial courts have powers to quash FIRs and Complaints against the accused when they feel that the case is a frivolous one. Things are very much dependent upon lawyers as they always know when and how to file the most effective petition in the court of law in order to get the accused acquitted easily.


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