Criminal Law and Criminal Procedure
What this domain tests
This section tests the Criminal Code and Criminal Procedure Code through the defense advocate’s lens: presumption of innocence, defense counsel’s entry into the case, detention review, investigative actions, evidence exclusion, preventive measures, and appeals. The exam expects procedural precision, not general commentary on crime.
Core rules
- The presumption of innocence places the burden of proof on the prosecution. A confession alone is insufficient; it must be corroborated and obtained lawfully.
- Defense counsel participates from the moment of actual detention or the first investigative action involving the suspect. Counsel may meet privately, be present at interrogations, file motions, and appeal procedural decisions.
- Detention before judicial authorization is strictly time-limited; the court must review its lawfulness. The advocate should challenge grounds, not merely the length of custody.
- Evidence obtained through torture, coercion, or material procedural violation is subject to exclusion. The advocate must raise the violation promptly and request a recorded ruling.
- Preventive measures must be justified by statutory grounds and proportionality. The defense may propose bail, personal guarantees, or other alternatives.
Worked example
A client is detained and signs a confession before counsel arrives. The advocate reviews the protocol, finds no counsel signature, and learns that the interrogation lasted through the night. At the detention hearing, the advocate argues that the confession was obtained in violation of defense rights and requests exclusion and a written record of the conditions. The court must examine lawfulness; the confession cannot carry the case alone.
Traps that cost marks
Saying counsel appears only after formal charges; treating a confession as conclusive proof; failing to object to procedural violations at the time; and confusing a complaint to the prosecutor with a court appeal.