Criminal Procedure

Define these terms:

1. Criminal Procedure
2. Criminal Jurisdiction
3. Jurisdiction over the subject matter
4. Jurisdiction over the person
5. Territorial Jurisdiction of the Courts
6. Criminal Prosecution
7. Differentiate acquittal from dismissal
8. Estoppel
9. Criminal Action
10. Criminal Institution
11. Commencement of the offence

Requisites for the Exercise of Criminal Jurisdiction

Principles

 Venue in criminal cases is an essential element of jurisdiction

 Venue is jurisdictional. A court cannot exercise jurisdiction over a person charged with an
offense committed outside its limited territory. In Isip v. People.

 The place where the crime was committed determines not only the venue of the action but is an
essential element of jurisdiction. It is a fundamental rule that for jurisdiction to be acquired by
courts in criminal cases, the offense should have been committed or any one of its essential
ingredients should have taken place within the territorial jurisdiction of the court. Territorial
jurisdiction in criminal cases is the territory where the court has jurisdiction to take cognizance or
to try the offense allegedly committed therein by the accused. Thus, it cannot take jurisdiction over
a person charged with an offense allegedly committed outside of that limited territory.
Furthermore, the jurisdiction of a court over the criminal case is determined by the allegations in
the complaint or information. And once it is so shown, the court may validly take cognizance of the
case. However, if the evidence adduced during the trial shows that the offense was committed
somewhere else, the court should dismiss the action for want of jurisdiction. (Trenas vs. People)

 The criminal action shall be instituted and tried in the court of the municipality or territory
where the offense was committed or where any of its essential ingredients occurred."

 The rule is settled that an objection may be raised based on the ground that the court lacks
jurisdiction over the offense charged, or it may be considered motu proprio by the court at any
stage of the proceedings or on appeal. Moreover, jurisdiction over the subject matter in a
criminal case cannot be conferred upon the court by the accused, by express waiver or
otherwise. That jurisdiction is conferred by the sovereign authority that organized the court
and is given only by law in the manner and form prescribed by law.

 The elementary rule that the jurisdiction of a court is determined by the allegations in the
complaint or informations, and not by the evidence presented by the parties at the trial.
 The factor that characterizes the charge is the actual recital of the facts.
 For the purpose of determining jurisdiction, it is these allegations that shall control, and
not the evidence presented by the prosecution at the trial.
  It is firmly settled doctrine that the subject matter jurisdiction of a court in criminal law
matters is properly measured by the law in effect at the time of the commencement of a
criminal action, rather than by the law in effect at the time of the commission of the
offense charged.
 It is settled that the jurisdiction of the court is not determined by what may be meted
out to the offender after trial, or even by the result of the evidence that would be
presented at the trial, but by the extent of the penalty which the law imposes for the
misdemeanor, crime or violation charged in the complaint.
 The jurisdiction of a court to try a criminal action is determined by the law in force at
the time of the “institution of the action