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Document Type

Original Study

Abstract

Criminal proceedings are generally subject to the principle of procedural legality, which means that criminal proceedings are subject to the law and a person's procedural obligation not to violate it However, there may be circumstances or situations in which intervention is necessary to achieve the objective of the Code of Criminal Procedure, namely, to reveal the truth Whether it is in the interest of the accused or in the interest of the community represented by the victim, these cases are called "procedural necessity. Procedural necessity is an exception provided by the legislator to the procedural origin in order to achieve the interest of disclosure, to which the procedural rule essentially seeks which cannot be achieved under certain compelling circumstances. These imperatives are justified by security or organizational reasons aimed at achieving justice and public interest in revealing the truth that leads to crime , perpetrator and circumstances. Procedural necessity in a preliminary investigation assumes that the purpose of the investigation remains the same in each proceeding. It may be performed by an authority other than the body specified in the law as well as a violation of the form required by the law in the procedure, with the same effect remaining in the procedure in certain cases.

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