Nature of Criminal Procedure

According to van Apeldoorn, the nature of criminal procedure law is as public law and accusatoir. Criminal Procedure Law is a public law because it regulates the public interest. According to van Apeldoorn, punishable acts are now no longer viewed solely as wrongs that directly affect the injured person, but first of all as violations of the legal order, as offences against society. Meanwhile, criminal procedural law is accusatory in nature because the position of the defendant (public prosecutor) and the defendant face off as equal parties, who conduct legal battles (rechsstrijd) in front of an impartial judge.