What are the constitutive requirements of criminal proceedings?
The establishment of criminal proceedings generally includes three elements: subject, expression of behavioral will and procedural elements. (1) Subject Elements To clarify the subject elements of the establishment of criminal proceedings, we must first clarify the scope of the subject of criminal proceedings. The subject of criminal proceedings should be the prosecution, the defense and the trial, while other participants and specialized agencies are the subjects of general legal relations. (2) Elements of will expression. As an essential element of criminal proceedings, it requires meaningful expression, and it is not necessary to evaluate whether the expression of will is true or not. (3) Procedural requirements regard procedural requirements as the establishment requirements of criminal proceedings. The so-called procedural elements mean that the establishment of litigation behavior must have certain steps, methods and time continuity.