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.