Criminal procedure is the process related to the investigation, arrest, charging, and conviction or acquittal of a criminal defendant. Much of criminal procedure is comprised of processes and rules through which the government (state, federal, or municipal) enforces substantive criminal law and through which a criminal defendant’s Constitutional and other rights are protected.

The law of criminal procedure is primarily located in the applicable state or federal rules of criminal procedure and state and federal court opinions interpreting and applying Constitutional and other legal rights.

In North Dakota, criminal procedure is governed by the North Dakota Rules of Criminal Procedure, state statutes, and relevant federal laws and constitutional provisions. These rules and laws outline the steps and legal protections involved in the criminal justice process, from investigation and arrest to trial, sentencing, and appeals. They ensure that a defendant's rights, such as the right to a fair trial, the right to counsel, and protection against self-incrimination and unreasonable searches and seizures, are upheld throughout the process. The U.S. Constitution, particularly the Fourth, Fifth, Sixth, and Fourteenth Amendments, provides the foundation for these protections, which are applied and interpreted by both state and federal courts. North Dakota's criminal procedures also include provisions for bail, plea bargaining, jury selection, and the presentation of evidence, all designed to ensure that criminal proceedings are conducted fairly and in accordance with the law.