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CRIMINAL PROCEDURE (First Semester Cases 2016-20171 | P a g eUNIVERSITY OF SANTO TOMASEditors: Tricia LacuestaLorenzo Luigi GayyaCristopher ReyesMacky SiazonJanine ArenasNinna BonsolLloyd JavierCRIMINAL PROCEDUREFirst Sem Cases
CRIMINAL PROCEDURE (First Semester Cases 2016-2017Table of ContentsCriminal Procedure 4General Matters4Criminal Jurisdiction4Prosecution of offenses4Effect of institution of the criminal action on the prescriptive period4Control of Prosecution8Complaint and Information9Sufficiency of complaint or information10Date of commission of offense13Designation of offense14Name of the accused17Qualifying and Aggravating circumstances18Amendment and substitution of complaint or information 19Venue for criminal actions21Intervention of offended party23Prosecution of civil action24Rule on implied institution of civil action with criminal action24Independent civil actions25When separate civil action is suspended26No reservation of civil action in BP 22 26Effect of death of the accused or convict on civil action 27Prejudicial question 28Preliminary Investigation31Nature and purpose of Preliminary Investigation32Probable cause33Who may conduct determination of existence of probable cause 37Non-interference of the court in finding probable cause by prosecutor; exceptions 39Right to bail pending preliminary investigation 42Inquest Proceedings 42Effect of absence of preliminary investigation 432 | P a g e
CRIMINAL PROCEDURE (First Semester Cases 2016-2017Arrest44Arrest, how made 44Requisites of issuance of warrant of arrest 44Arrest without warrant, when lawful 48Method of arrest52Waiver of objection on the irregularity of arrest52Bail 53Nature53Application for bail must be in custody 54 When a matter of right, exceptions55When a matter of discretion57Application for bail in capital offenses58Guidelines in fixing the amount of bail61Remedy when bail denied63Forfeiture of bail63Application for bail not a bar to objections on the illegality of arrest 64Rights of the accused64Rights of the accused at the trial 64Rights of the persons under custodial investigation 72Arraignment and plea76Purpose76Arraignment and plea77When may accused enter a plea of guilty to a lesser offense 79Accused pleads guilty to capital offense80Plea of guilty to a non-capital offense 82Suspension of arraignment83Motion to quash 83Grounds 83Double Jeopardy 88Provisional dismissal 91Trial 93Trial in absentia 93Requisites for discharge of accused as state witness 94Judgment 98Rule if accused fails to appear in the promulgation of judgment98Promulgation of Judgment99New trial or reconsideration99Grounds 99Appeal101Appeal not a natural right101Who may appeal102Where to appeal 1043 | P a g e
CRIMINAL PROCEDURE (First Semester Cases 2016-2017Effect of appeal 105Effect of appeal by any of several accused 107Appeal from the civil aspect108 Neypes Rule applies to appeals in criminal cases109Search and seizure109Nature of search warrant109