DOT-1 Flashcards
Criminal Procedure
Network of laws and procedure which governs procedural administration of justice. It is a proceeding whereby the State prosecutes a person for an act or omission punishable by law.
Jurisdiction
The power of the court to hear and decide cases, and to execute judgment thereon.
Venue
Geographical location where he case shall be instituted, heard and tried.
Pleading
Written statement of the respective claims and defenses of the parties submitted to the court for proper judgment.
Motion
Application for relief other than by a pleading
Affidavit
A statement of facts under oath. A sworn statement in writing sworn before a notary or other officer entitled to administer oaths or take acknowledgments.
Warrant of Arrest
Legal Process issued by competent authority directing the arrest of a person or persons upon the grounds stated therein. It is usually directed to regular officers of the law, but occasionally , to a private person named in it.
Custodial Investigation
Any 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.
Preliminary Investigation
An inquiry or proceeding to determine whether 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.
Counter Affidavit
Affidavit submitted in opposition to another affidavit, made and presented in contradiction or opposition to an affidavit which is made the basis or support of a motion or application.
Barangay Protection Order (BPO)
Protection Order issued by the Punong Barangay, or in his absence the Barangay Kagawad, ordering the perpetrator to desist from committing acts of violence against the family or household members particularly women and children. (Sections 5a and 5b of RA 9262)
Criminal Jurisdiction
The authority to hear and try a particular offense, and to impose punishment to it
Arrest
Taking of a person into custody in order that he maybe bound to answer for the commission of an offense
Extrajudicial Confession
A declaration made at any time by a person, voluntarily and without compulsion or inducement , stating or acknowledging that he has committed or participated in the commission of a crime.
Corpus Delicti
The fact of the commission of the crime charged or to the body or substance of the crime,
Inquest Proceeding
An informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court, for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged before the court.
Search Warrant
An order in writing issued in the name of People of the Philippines signed by a judge and directed to a peace officer , commanding him to search for personal property described therein and bring it before court.
Probable Cause
Such facts and circumstances that would engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial.
Subpoena
A process directed to a person requiring him to attend and testify at the hearing or trial of an action , or at any investigation conducted by a competent authority ,or the taking of the deposition.
