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Crime, Complaint by offended party, Basic Concepts of Criminal Procedure -…
Crime
Arrest without warrant of Arrest
Inquest
Probable Cause
No Probable cause?
Filing of information to the court
Arrest with warrant / commitment order
Motion to Quash
If there is no crime punishing the accused in the allegations of the information
Sufficient?
Dismissed
Arraignment
Plea (NOT Guilty)
Pre trial
Presentation of Evidence (Prosecution)
2 more items...
This part is where the accused is being read of the crimes that he is being charged with
In this part, the pre trial conference is conducted so that the accused shall be able to attend the pre trial conference.
Plea Guilty
Plea bargaining in pre trial conference.
Plea Guilty for a lesser crime?
2 more items...
Commitment order to be given by the accused if he is already in the custody of the police.
Jurisdiction Acquired by the court
If the accused wants a P.I. then he must sign a waiver of rights in Art. 125 of RPC
Police Investigation
Preliminary Investigation
Probable Cause
personally examined by the judge
can dismiss if failed to prove probable cause
4 years 2 months 1 day Preliminary Investigation is needed
Less than 4Y, 2M, 1D no P.I needed but mere discretionary
Complaint by offended party
10 days after
no grounds
dismissed
issue subpoena with supporting affidavits
After 10 days
Counter affidavit from the respondent or accused
within 10 days
hearing conducted
within 10 days after the investigation
Fiscal shall determine WON there is sufficient ground to hold the respondent for trial
if there is cause?
1 more item...
Motion for production of documents for the respondent
Basic Concepts of Criminal Procedure
Jurisdiction
Subject Matter
Over Person
Territorial
Venue = Jurisdictional