Criminal Proceeding Law and Legal Definition

Criminal proceeding is a proceeding in court in the prosecution of a person charged or to be charged with the commission of a crime, contemplating the conviction and punishment of the person charged or to be charged.

The following is an example of a case law defining criminal proceeding:

“Ordinarily a criminal proceeding is some step taken before a court against some person or persons charged with a violation of the criminal law. The purpose of a criminal proceeding is to punish.” [State ex rel. Sweezer v. Green, 360 Mo. 1249 (Mo. 1950)].

Proceedings against juvenile offenders are in no sense criminal proceedings; they do not contemplate punishment for the offense committed but the prevention of erring minors from becoming criminals. [State ex rel. Palagi v. Freeman, 81 Mont. 132, 140 (Mont. 1927)].