Criminal Procedure Notes (August 16, 2021)

Topic: 1. a.) Preliminary consideration

1.1 Criminal procedure define
 Treats of the series of processes by which criminal laws are enforced and by
which the State prosecutes the person who violated such penal laws;
 In a clear language of the Court, criminal procedure regulates the steps by which
the one who committed a crime is to be punished;
 The procedure starts with the initial contact of the alleged law breaker with the
justice machinery including the investigation of the crime and concludes either
with a judgment exonerating the accused or the final imposition of a penalty
against him.
 Criminal procedure has the imposing task of balancing the clashing interest of
the government and the of the individual in relation to the ultimate goal of
promoting law and order while protecting the constitutional rights of its citizens.

Adversarial or Accusatorial System

 Contemplates two (2) contending parties before the Court
 2 sided structure consisting of the Prosecution and the Defense

Inquisitorial System
 Wherein Court itself plays a very active role

1.2 Source of criminal procedure