As I am Pakistani so I am choosing Pakistan penal code 1860 but as a procedural law I am considering code of criminal procedure 1998. Code of criminal procedure is procedural law which focus on that regulations and procedures which are governing criminal cases in Pakistan.
They are providing a Framework for investigating, prosecuting as well as trial of criminal offenses. This is a code dealing with different aspects of litigation of criminals including FIR registrations, investigating process, arresting ,bail,trials and appealing processes.
Code of criminal procedure have primary focus at word(how)instead of (what)about criminal litigation. This is used for providing machine for enforcing rights and obligations but it's not creating and defining that right and obligations by themselves so in simple words this code have the only concerned with litigation process not with principals and laws which are underlying and governing the crime.
Pakistan penal code in other words are sort of substantive law which is used for defining and prescribing penalties for crimes occurring in Pakistan so it is more concerned with what instead of how in criminal law.
1898 code of criminal procedure is followed by multiple principles of procedural law which are below;
| Principle of legality |
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Code of criminal procedure is depending at principals of legality as it is requiring proceedings to be occurred according to law. In section 4 of code of criminal procedure it is clearly mentioned that proceedings under code should be carried out according to code provisions.
| Principle of equality |
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Code of criminal procedure also following principle of equality in which they are requiring that all individuals should be treated in an equal way before law. Section 340 of this code clearly mentions that all of the accused persons should have right to get represented by lawyer which they will choose by themselves irrespective of individuals social and economic worth.
| Principle of economy |
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Code of criminal procedure have purpose for promotion of principle of economy that needs conducting of proceedings in a particular manner which is used of reducing unnecessary delaying and costs.Section 321 of code of procedural law states that court at any stage of proceedings should order parties for appearing before it for motive of simplification of problems and to avoid insufficient delaying.
| Principle of good faith |
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Code of criminal procedure needs that all parties should act in good faith in proceedings. Section 342 of code of criminal procedure says that court at each stage of proceedings should direct parties for disclosing any fact and document which is material to case.
| Principle of publicity |
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Code of criminal procedure also follows principal of publicity that needs that proceedings should be occurred in public.Section 265 of code of criminal procedure says that trials should be conducted in court openly,untill or unless court,for reasons for getting recorded, otherwise directed.
These all principles are included in code of criminal procedure for giving surety that criminal justice process is transparent , fair. They are providing protection for rights of accused persons and for giving surety that guilty are helding accountable.
This fact is identifying with "Process" where lawsuit initiated by Mr. Ramirez character for termination of contract because of Mr. Perez contract breach.I am considering it a process as it is including series of those acts and events which primary purpose is resolution of dispute.
This fact is identifying with "Procedure" where judicial inspection of premises, where there's a particular step or process which is establishing by law for gathering evidence and for verification of facts.I am considering it a procedure as it is following a predetermined and established protocol.
Following are procedural subjects in this scenario;
• Pedro is plaintiff in this scenario because he is that subject who is initiating lawsuit by claim filing in court.
• Maria in start were appearing as a defendant when Pedro(Another subject) filled lawsuit against her but later on it was finally disclosed that she's not vehicle owner.
• Mr. Manuel is owner of vehicle in real because he is an essential party in this lawsuit.This character can also join as a defendant and as an intervenor as it all depends at rules and regulations of jurisdiction.
These all characters are considered as procedural subjects as they are participating in lawsuit and they are showing their direct interest in final outcome.
Special invitation to;