Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Download
Standard view
Full view
of .
Look up keyword
Like this
1Activity
0 of .
Results for:
No results containing your search query
P. 1
crimpro

crimpro

Ratings: (0)|Views: 25|Likes:

More info:

Published by: Leah Camiguin Mendija on Nov 17, 2010
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as DOC, PDF, TXT or read online from Scribd
See more
See less

11/17/2010

pdf

text

original

 
PRELIMINARY CHAPTERWhat is criminal procedure?Criminal procedure is the method prescribed by law forthe apprehension and prosecution of persons accused of any criminal offenseand for their punishment, in case of conviction.What is criminal procedure concerned with?
Criminal procedure is concerned with the procedural steps throughwhich the criminal case passes, commencing with the initialinvestigation of a crime and concluding with the unconditionalrelease of the offender. It is a generic term used to describe thenetwork of laws and rules which govern the proceduraladministration of criminal justice.
What are the sources of criminal procedure?
1. Spanish Law of Criminal Procedure2. General Order No. 58, dated April 23 19003. Amendatory acts passed by the Philippine Commission4. The various quasi acts, the Philippine Bill of 1902, the JonesLaw of 1916, the Tydings-McDuffie Law, and the Constitution ofthe Philippines5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Ruleson Criminal Procedure6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creatingthe Sandiganbayan, Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights9. Civil Code (Art. 32, 33, 34)10. Certain judicial decisions11. RA 8393 The Speedy Trial Act
12. Circulars13. The Revised Rules on Criminal Procedure (Dec 1,2000)What are the three systems of criminal procedure?
1. Inquisitorial – the detection and prosecution of offenders are not leftto the initiative of private parties but to the officials and agents ofthe law. Resort is made to secret inquiry to discover the culprit,and violence and torture are often employed to extractconfessions. The judge is not limited to the evidence broughtbefore him but could proceed with his own inquiry which was notconfrontative.
 
2.Accusatorial – The accusation is exercised by everycitizen or by a member of the group to which the injuredparty belongs.As the action is a combat between the parties, thesupposed offender has the right to be confronted by hisaccuser. Thebattle in the form of a public trial is judged by amagistrate who renders a verdict.The essence of theaccusatorialsystem is the right to be presumed innocent.To defeat thispresumption, the prosecution must establish proof of guiltbeyond reasonable doubt (moral certainty).3. Mixed – This is a combination of the inquisitorial andaccusatorial systems. The examination of defendants andotherpersons before the filing of the complaint or information isinquisitorial. The judicial set-up in the Philippines is accusatorial oradversary in nature. It contemplates two contendingparties beforethe court, which hears them impartially and renders judgment only after trial.Distinguish between criminal law and criminal procedure.
Criminal law is substantive; it defines crimes, treats of their nature,and provides for their punishment. Criminal procedure, on theother hand, is remedial or procedural; it provides for the method bywhich a person accused of a crime is arrested, tried and punished.Criminal law declares what acts are punishable, while criminalprocedure provides how the act is to be punished.
How are the rules of criminal procedure construed? The rules of criminal procedure shall be liberally construedin favor of the accused and strictly against the state toeven the odds infavor of the accused against whom the entire machineryof the state is mobilized.What is jurisdiction? Jurisdiction (in general) is the power or authority given bythe law to a court or tribunal to hear and determinecertain controversies.It is the power of courts to hear and determine acontroversy involving rights which are demandable andenforceable.
 
Distinguish jurisdiction from venue.
Venue is defined as the particular country or geographical area inwhich a court with jurisdiction may hear and determine a case. Itmeans the place of trial. On the other hand, jurisdiction is thepower of the court to decide the case on the merits. Venue is thusprocedural, while jurisdiction is substantive. In civil cases, venuemay be waived or stipulated by the parties. On the other hand, jurisdiction is granted by law or the Constitution and cannot bewaived or stipulated.
What is criminal jurisdiction?1Criminal jurisdiction is the authority to hear and try aparticular offense and impose the punishment for it.What are the elements of jurisdiction in criminal cases?1. The nature of the offense and/or the penalty attachedthereto2. The fact that the offense has been committed within theterritorial jurisdiction of the court.What are the requisites for a valid exercise of criminal jurisdiction?
1. Jurisdiction over the person2. Jurisdiction over the territory3. Jurisdiction over the subject matter
What is jurisdiction over the subject matter?It is the power to hear and determine cases of the generalclass to which the proceedings in question belong and isconferred by thesovereign authority which organizes the court and definesits powers.Which law determines the jurisdiction of the court – thelaw in force at the time of the commission of the offenseorthe one in force as of the time when the action is filed?
Jurisdiction is determined by the law as of the time when the actionis filed, not when the offense was committed. The exception to thisrule is where jurisdiction is dependent on the nature of the positionof the accused at the time of the commission of the offense. In thiscase, jurisdiction is determined by the law in force at the time ofthe commission of the offense.
What is adherence of jurisdiction?

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->