Criminal Procedure Reviewer 2 Board Exam Criminology Inquiries Reviewer Creating a free website Examination Complaint - is a sworn written statement charging a person with an offense,subscribed by the offender party,any peace officer,or other public officer charged with the enforcement of the law violated. Information - is an accusation in writing charging a person with an offense subscribed by the prosecutor and filed with the court. Criminal Action - One by which the State prosecutes a person for an act/omission punishable by law. Criminal Jurisdiction - Authority of the court to hear and try a particular offense and to impose the punishment provided by law. Duplicity of offenses -The information must charge only one offense. Private Crimes – Those which cannot be prosecuted except upon complaint filed by the aggrieved/offended party. Restitution - Returning of the thing itself, with allowance for deterioration or diminution of value. Reparation - Payment of damage caused,taking into consideration the sentimental value of the thing to the injured party. Indemnification - Payment of consequential damages suffered by the injured party, his family or a 3rd person by reason of the crime. Prejudicial Question - That which arises in a case the resolution of which is a logical antecedent of the issue involved therein, and the cognizance of which pertains to another tribunal. Preliminary Investigation - An inquiry/proceeding to determine Whether or Not (WON) there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. Probable Cause - it is the existence of such facts and circumstances as would excite the belief, ina reasonable mind acting on the facts within the knowledge of the prosecutor, that the person charged was guilty of the crime for which he was prosecuted. In Flagrante Delicto – Literally, caught in the act of committing a crime. When the person to be arrested has committed, is actually committing or is attempting to commit an offense in the presence of the peace officer or private person who arrested him. Arrest - is the taking of a person into custody in order that that he may be bound to answer for the commission of an offense. Illegal Arrest - If the arrest of a person is not justified by any of the instances of a warrantless arrest under Rule 113, Sec. 5. The fact that the person arrested did not actually commit the crime does not render the arrest illegal. Custodial Investigation - It involves the questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his freedom of action in any significant way. Re-Enactment – A demonstration by the accused of how he committed the crime. It is a police contrivance designed to test the truthfulness of the statements of the witness who had confessed to the commission of the crime. Bail - is the security given for the release of a person in custody of the law,furnished by him or a bondsman,to guarantee his appearance before any court as required under the conditions of the bail. Recognizance - Obligation of record, entered into before some court or magistrate duly authorized to take it, with the condition to do some particular act, the most usual condition in criminal cases being the appearance of the accused for trial. Property Bond – An undertaking constituted as a lien on the real property given as security for the amount of the bail. Cash Bond - Cash corresponding to the amount of bail fixed by the court or recommended by the prosecutor who investigated or filed the case. Capital Offense - An offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death. Motion To Quash (MTQ) - Formerly called a demurrer, it is a special pleading, filed by the accused, which hypothetically admits the truth of the facts spelled out in the complaint/information and sets up a matter,which, if duly proved, would preclude further proceedings. Prescription of the Crime - Loss/waiver by the state of its right to prosecute a crime. Prescription of the Penalty - Loss/waiver by the State of its right to demand service of the penalty imposed. Double Jeopardy - When a person is charged with an offense and the case is terminated either by acquittal or conviction or in any other manner without the express consent of the accused, the latter cannot again be charged with the same or identical offense. Provisional Dismissal - A case is dismissed without prejudice to its being refiled or revived. Deposition - Testimony of the witness that is taken upon oral question or written interrogatories, in opencourt, in pursuance of (1) a commission to take testimony issued by a court or (2) under a general law or court rule on the subject, reduced to writing and duly authenticated Arraignment – The stage where the accused is formally informed of the charge against him by reading before him the information/complaint and asking him whether he pleads guilty or not guilty. Plea Bargaining - Process where the accused, the offended party and the prosecution work out a mutually satisfactory disposition of the case,subject to court approval. Improvident Plea - Plea without proper information as to all the circumstances affecting it; based upon a mistaken assumption or misleading information/advice Pre-Trial Order - Issued by the court after the pre-trial conference. Trial - Examination before a competent tribunal of the facts put in issue in a case, for the purpose of determining such issue. Demurrer to Evidence - Objection by one of the parties to the effect that the evidence which his adversary produced is insufficient in point of law, whether true or not, to make out a case or sustain the issue. Rebuttal Evidence - Any evidence to explain, repeal, counteract or disprove the adversary’s proof. Sur-rebuttal Evidence - Proof to meet or refute those new matters taken up by the adverse party during the rebuttal stage, or to clarify matters that were beclouded or made ambiguous. Judgment – The adjudication by the court that the accused is guilty or not guilty of the offense charged and the imposition on him of the proper penalty and civil liability, if any. Opinion - Informal expression of the views of the court Ratio Decidende - Provides for the basic reason for the judgment Acquittal - A finding of not guilty based on the merits, either: 1) The evidence does not show that his guilt is beyond reasonable doubt; or 2) A dismissal of the case after the prosecution has rested its case and upon motion of the accused on the ground that the evidence fails to show beyond doubt that accused is guilty. Promulgation of Judgment -An official proclamation/ announcement of a judgment/order. Judgment/sentence does not become a judgment/sentence in law until: 1) Read and announced to the defendant; or 2) Has become a part of the record of the court. Sin Perjuico Judgment – Judgment without a statement of facts. New Trial – A proceeding whereby errors of law or irregularities are expunged from the record, or new evidence is introduced, or both steps are taken. Motion For Reconsideration OR New Trial (MFR/MNT) - New trial and reconsideration are the same thing in criminal procedure whether it be a first, second, new or an old trial. “New” refers to time and not to substance. Newly Discovered Evidence - Evidence which could not, by the exercise of due diligence, have been discovered before the trial in the court below. Appeal – A proceeding for review by which the whole case is transferred to a higher court for a final determination. Final Judgment — Judgment which would become final if no appeal is taken. Final Order — One which disposes of the whole subject matter or terminates a particular proceeding/action, leaving nothing to be done but to enforce by execution what has been determined. Error Of Judgment – One which the court may commit in the exercise of its jurisdiction. Error Of Jurisdiction – It renders an order of judgment void or voidable. Notice Of Appeal – Written notice of intention to take appeal. Appellant – The party appealing; Appellee – The party adverse to the appellant. Search Warrant - It is an order in writing; issued in the name of the People of the Philippines; signed by a judge; and directed to a peace officer, commanding him to search for personal property described in the warrant and bring it before the court. Probable Cause - Such reasons, supported by facts and circumstances, as will warrant a cautious man in the belief that his action, and the means taken in prosecuting it, are legally just and proper. Oath - Includes any form of attestation by which a party signifies that he is bound in conscience to perform an act faithfully and truthfully. Searching Questions And Answers - Such questions as have the tendency to show the commission of a crime and perpetrator thereof. Stop and Frisk — A limited protective search of outer clothing for weapon.
Posted on: Sat, 23 Nov 2013 01:54:28 +0000
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