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Criminal Procedure

Procedure of Criminal Insvestigation

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Joe Mari Gulane
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25 views2 pages

Criminal Procedure

Procedure of Criminal Insvestigation

Uploaded by

Joe Mari Gulane
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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CRIMINAL LAW – JD 401

Felonies and Crimes are used interchangeable but they have different meanings. Felonies are punishable
under the Revised Penal Code while Crimes are punishable elsewhere.

CRIMINAL PROCEDURE

I. CRIME OCCURS
In this stage an event happened where an individual was hurt. Example, A stabbed B.

II. CRIMINAL INVESTIGATION


In this stage, Police Officers will be called to the crime scene. An investigation will occur.
The officers will question the people present in the scene or the possible witness/es, the
parent/guardian of the victim, and possibly the victim himself. The officer will secure
pieces of evidence such as the medical report and the weapon used in the crime.

III. COMPLAINT IS FILED WITH THE PROSECUTOR’S OFFICE [formerly known as Fiscal]
The Police Officer will wait for a family member or the victim himself to file a formal
complaint in the police station. Then, the statement of the witness/es, parent/guardian,
or the victim himself will be written by the Officer. The medical report and other
documentations will be attached and submitted to the prosecutor’s office for a formal
complaint.

IV. THE PROSECUTOR’S OFFICE WILL CONDUCT PRELIMINARY INVESTIGATION


The Prosecutor’s Office will verify the truthfulness of the complaint. They will determine
if there is a probable cause. To determine the probable cause, two questions must be
answered:
[a] whether or not the crime has been committed;
[b] whether or not the respondent is guilty thereof.

If the answer is NO, then, the complaint will be dismissed.


If the answer is YES, a case will be filed in COURT.

The prosecution will issue a subpoena [a written notice] to invite and inform the
respondent of the case filed against him. Whether or not he will answer, the Fiscal will
come into a resolution. [example of resolution: People of the Philippines v Babera]

*Always be mindful of the dispositive portion, WHEREFORE, etc. They indicate the resolution or decision
whereof.

*memorize articles 1,2,3,4,6,8,9,11,12,13,14,15,16,17,18,19,20,25


V. CASE IS FILED IN COURT
The fiscal filed the case in a court. The judge will conduct a preliminary investigation. This
include the review of whether there is a basis in the filling. If there is, the warrant will be
issued.

VI. WARRANT OF ARREST


It is a written order issued by the court for the arrest of a person involved in a crime. Only
the court has the authority to issue one.
After arresting the accused, the court will issue a COMMITMENT ORDER. This is an order
transferring the liability or responsibility of the accused to the respective jail management.
The jail management is territorial [if the crime occurred in PPC, he will be jailed in the City
Jail. If in the municipality, he will be put in the Provincial Jail]

VII. ARRAIGNMENT/PRE-TRIAL
The accused will be brought in the court. The judges arrange a public defender if he is not
with one yet. This is where PLEA BARGAINING happens. Plea Bargaining is an act of lowering
the crime of a person upon admitting guilt. Example, the defense will bargain that the
accused will admit guilt as long as it is Attempted homicide and not murder.
This part is necessary because it guarantees equal application of the law and the right of the
offender to defend himself. This is where he is informed of the crime charged against him
and his right of his own independent counsel or state counsel in case he cannot afford one.

VIII. TRIAL
This is where the offender, the victim, the witnesses, and all other individuals related to the
case is presented before the judge to hear their arguments.
Direct Examination – the lawyer of the victim will ask him
Cross-Examination – the defense lawyer will question the victim
Re-direct Examination – the lawyer may redirect examine the victim to rebuild the
arguments if the defense was able to destroy it. If not, redirect is not needed. Only one
redirect is allowed.
Re-cross Examination – the defense lawyer may re-cross once. This is also to destroy further
arguments or established a fact favorable to the defense.

*the same process will apply in examining the accused and the witnesses

IX. DECISION
The judge will now render the decision. If guilty, the accused will be incarcerated. If not
guilty, he will be freed.

*memorize articles 1,2,3,4,6,8,9,11,12,13,14,15,16,17,18,19,20,25

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