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CrimPro Flowchart

The document outlines the process for filing a criminal complaint and the preliminary investigation process in the prosecutor's office. It includes: 1) What must be included in a complete set of documents filed for a criminal complaint. 2) The process the prosecutor follows to review the case, determine if there is probable cause, and either file the criminal case or dismiss it. 3) If the case is not dismissed, the paths the prosecution and defense can take to appeal denials or reverse decisions made in the resolution.

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Se'f Benitez
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2K views1 page

CrimPro Flowchart

The document outlines the process for filing a criminal complaint and the preliminary investigation process in the prosecutor's office. It includes: 1) What must be included in a complete set of documents filed for a criminal complaint. 2) The process the prosecutor follows to review the case, determine if there is probable cause, and either file the criminal case or dismiss it. 3) If the case is not dismissed, the paths the prosecution and defense can take to appeal denials or reverse decisions made in the resolution.

Uploaded by

Se'f Benitez
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
  • Flowchart of Legal Proceedings

Commission of Crime Complete Set of Complaint:

 Information Sheet
(filled up and signed by the
complainant or his lawyer and
subscribed by the Prosecutor)
 Cover letter
(address to the Chief Prosecutor)
Filing of Complaint  Complaint Affidavit
 Affidavit of Witnesses (if any)
(both affidavits must be subscribed
in the Prosecutors Office)
 Attached pieces of evidence
 Blotter Report

Regular Filing/ Preliminary Investigation Warrantless Arrest/ Inquest Proceedings

Prosecutor Reviews the Prosecutor Reviews the


Case Assigned to him: Case Assigned to him:
Finding of Probable Cause
 If the case falls on by the Prosecutor  If the case has
Summary Cases, already prescribed,
resolve outright dismiss outright;
release respondent
 If the case has (Art.125, RPC: 12hrs,
already prescribed, Probable Cause Exist No Probable Cause 18hrs, 36hrs, time
dismiss outright (Filing of the Case (Dismiss the Case) prescription)

 If the case is not a  If the case is not yet


summary case and is prescribed, the
not yet prescribed, Prosecutor
the Prosecutor issues Filing of Resolution interrogates the
subpoena for both Arresting
to be approved by
parties; respondent Officers/Investigator
to file his counter the Chief Prosecutor and the respondent/s
affidavit (if no  respondent is
counter affidavit is informed of his
submitted resolve right for
base on the allegation Preliminary
on the complaint) Filing of Motion for Investigation
Reconsideration (counter the
allegation), thus
is refer to PAO
 If no counter,
resolve outright
Denied Granted Denied Granted

Reverse
Filing of Reverse Petition for Review Decision in the
Information Decision in the ( Regional Resolution by
Resolution by Prosecutors Office) Filing an
dismissing the Information
case

Denied Granted

Petition for Review Filing of


(Office of Secretary Information
of Justice)

Denied Granted

Case Dismissed Filing of


(Decision is final Information
and irrevocable)

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