GENERAL PRINCIPLES Flashcards
What is Criminal Procedure
Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense and for their punishment, in case of conviction.
What is criminal procedure concerned with?
Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the network of laws and rules which govern the procedural administration of criminal justice.
What are the three systems of criminal procedure?
- Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed to extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquiry which was not confrontative.
- Accusatorial – The accusation is exercised by every citizen or by a member of the group to which the injured party belongs. As the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. The battle in the form of a public trial is judged by a magistrate who renders a verdict. The essence of the accusatorial system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt beyond reasonable doubt (moral certainty).
- Mixed – This is a combination of the inquisitorial and accusatorial systems. The examination of defendants and other persons before the filing of the complaint or information is inquisitorial. The judicial set-up in the Philippines is accusatorial or adversary in nature. It contemplates two contending parties before the court, which hears them impartially and renders judgment only after trial.
Distinguish between criminal law and criminal procedure.
Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal law declares what acts are punishable, while
How are the rules of criminal procedure construed?
The rules of criminal procedure shall be liberally construed to attain its objective of speedy and inexpensive administration of justice.
What is jurisdiction?
Jurisdiction (in general) is the power or authority given by the law to a court or tribunal to hear and determine certain controversies. It is the power of courts to hear and determine a controversy involving rights which are demandable and enforceable.
Distinguish jurisdiction from venue.
Venue is defined as the particular country or geographical area in which a court with jurisdiction may hear and determine a case. It means the place of trial. On the other hand, jurisdiction is the power of the court to decide the case on the merits. Venue is thus procedural, while jurisdiction is substantive. In civil cases, venue may be waived or stipulated by the parties. On the other hand, jurisdiction is granted by law or the Constitution and cannot be waived or stipulated.
What is criminal jurisdiction?
Criminal jurisdiction is the authority to hear and try a particular offense and impose the punishment for it.
What are the elements of jurisdiction in criminal cases?
- The nature of the offense and/or the penalty attached thereto
- The fact that the offense has been committed within the territorial jurisdiction of the court.
What are the requisites for a valid exercise of criminal jurisdiction?
- Jurisdiction over the person 2. Jurisdiction over the territory 3. Jurisdiction over the subject matter
What is jurisdiction over the subject matter?
It is the power to hear and determine cases of the general class to which the proceedings in question belong and is conferred by the sovereign authority which organizes the court and defines its powers.
Which law determines the jurisdiction of the court – the law in force at the time of the commission of the offense or the one in force as of the time when the action is filed?
Jurisdiction is determined by the law as of the time when the action is filed, not when the offense was committed. The exception to this rule is where jurisdiction is dependent on the nature of the position of the accused at the time of the commission of the offense. In this case, jurisdiction is determined by the law in force at the time of the commission of the offense.
What is adherence of jurisdiction?
The principle of Adherence of Jurisdiction means that once jurisdiction is vested in the court, it is retained up to the end of the litigation. It remains with the court until the case is finally terminated. The exception to this is where a subsequent statute changing the jurisdiction of a court is given retroactive effect, it can divest a court of jurisdiction over cases already pending before it before the effectivity of the statute.
What is the meaning of the term “regular courts”?
Regular courts refer to civil courts as opposed to military courts or courts martial. Military courts have no jurisdiction over civilians.
Which court has jurisdiction over a complex crime?
Jurisdiction over the whole complex crime is lodged with the trial court having jurisdiction to impose the maximum and more serious penalty on an offense forming part of the complex crime.
