The Criminal Procedure Law, enacted in July 1965, has major divisions that cover general provisions, the parties and their representatives, arrest and release, proceedings prior to trial, proceedings at the trial, and appeal. The objectives of the code are the codification of the rules of procedure, the unification of procedure in the various courts of criminal jurisdiction, and reform in certain matters of criminal procedure. Proceedings are accusatory rather than inquisitory, and the judge takes little active part in the procedures. They are instituted by filing a statement of charge and conducted by police officers or attorneys of the State Attorney's Department. The accused has the benefit of the presumption of innocence and the right to remain silent; confessions are admissible only if made freely and voluntarily. The code makes no provision for preliminary inquiry; the accused is required to admit or deny facts instead of pleading guilty or not guilty. The code provides for the possibility of trial in absentia. The right of discovery extends to charges of misdemeanors. |