Rights of the accused

a. Criminal due process

- the accused be tried by an impartial and competent court
- denial from him of the right to preliminary investigation will constitute a denial of due process
↳Prelim investigation = Purely statutory

Substative aspect - requires the intrinsic validity of the law in interfering with the rights of the
person to his life . liberty or property

Procedural aspect - consists of two basic rights of notice and hearing . as well as the guarantee
of being heard by an impartial and competent tribunal

Miranda Rights - Means that Prior to questioning during custodial investigation, the person must
be warned that he has the right to remain silent, that any statement he gives may be used as
evidence against him , and that he has the right to the presence of an attorney, either retained
or appointed.

Presumption of innocence
Moral certainty - the reasonable belief that the evidence shows the defendant is guilty - required
to prove reasonable doubt

subpoena duces recum - a writ ordering a person to attend a court & bring relevant documents
subpoena - a writ ordering a Person to attend a court.

Rights of the Accused (DPHC, NS, CCom, AB)