Prosecution

Question 1

History of Prosecution

A term used in England official documents in the Middle Ages to mean anyone who appeared for another as a pleader, attorney or essoiner

Answer 1

attornatus

Question 2

History of Prosecution

(1509-1547) eliminated the vengeance prosecution system and in its stead provided a system of “sergeants”, who were required to act as police prosecutors and to enforce penal statutes. These sergeants were later to become well trained in the law.

Answer 2

Henry VIII

Question 3

the process or method whereby accusations are brought before the court of justice to determine the guilt or innocence of the accused.

Answer 3

Prosecution

Serving as the lawyer of the State/government in criminal cases, the prosecutor is automatically considered an officer of the court; at the same time, he is formally a member of the Department of Justice, under the Executive branch of the Government, and thus independent from the judiciary.

Question 4

To Prosecute

Answer 4

• To commence and carry on a criminal action or lawsuit in the name of the People of the Philippines.
• To bring suit against for redress of wrong or punishment of crime.
• To seek to enforce or obtain, as a claim or right, by legal process.
• To begin and carry on a legal proceeding.

Question 5

Who is a Prosecutor?

Answer 5

A prosecutor is a person responsible in evaluating evidences presented before him.

Question 6

What are the roles of a Prosecutor?

Answer 6

• They serve as the lawyer of the state or the government in any criminal case.
• Automatically considered as the officer of the court.
• He is a member of the Department of Justice under the executive branch of the government.

Question 7

What is Criminal Action?

Answer 7

• A criminal action is one by which the state prosecutes a person for an act or omission punishable by law.
• A criminal action is commenced by the filing of a complaint with the City or Provincial Prosecution Office or with the Municipal Trial Court or Municipal Circuit Trial Court. However, criminal action for an offense committed within Metro Manila, may be commenced only by the filing of a complaint with the Prosecutor’s Office.

Question 8

What is a Complaint?

Answer 8

A complaint is a sworn written statement charging a person with an offense subscribed by the offended party or any peace officer or any employee of the government charge with the enforcement of the law being violated.

Question 9

Who is an offended party?

Answer 9

The offended party is the person against whom or against whose property the crime was committed.

Question 10

What is Information?

Answer 10

Information is an accusation in writing charging a person with an offense subscribed by the prosecutor, and filed with the court.

Question 11

Distinctions between Complaint and Information

Answer 11

1. Complaint is subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated; while Information is subscribed by the prosecutor;
2. A Complaint is under oath; while an Information need not to be under oath;
3. A Complaint is filed with the court either for preliminary investigation or for trial; while Information is filed with the court for trial.

Question 12

What is Inquest or Inquest proceedings?

Answer 12

Inquest is 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 in court.

Question 13

Initial Duty of Inquest Officer

Answer 13

The Inquest Officer shall first determine if the arrest of the detained person was made in accordance with paragraphs a and b of Section 5, Rule 113 of the Rules on Criminal Procedure, as amended, which provide that arrests without a warrant may be effected.

Question 14

Where arrest not properly effected?

Answer 14

• recommend the release of the person arrested or detained;
• note down the disposition on the referral document;
• prepare a brief memorandum indicating the reasons for the action taken; and
• forward the same, together with the record of the case, to the City or Provincial Prosecutor for appropriate action.

Question 15

THE PROSECUTOR AND THE POLICE

Answer 15

1. Prosecutorial discretion typically enters the picture immediately after the arrest, when the police investigative reports are forwarded to the prosecutor for review.
2. The prosecutor screens and evaluates the document in order to decide whether to accept or reject the case for prosecution.
3. The action of the prosecution is dependent upon the police initiatory action

Question 16

3. The action of the prosecution is dependent upon the police initiatory action, whereby the criminal justice system relies on the:

Answer 16

• certainty of the arrest by the police
• certainty of conviction by an effective prosecution
• certainty of appropriate sentencing by the court