Criminal Procedure Cases - CRIMINAL PROCEDURE(First Semester Cases 20162017 UNIVERSITY OF SANTO TOMAS Editors Tricia Lacuesta Lorenzo Luigi Gayya

Criminal Procedure Cases - CRIMINAL PROCEDURE(First...

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CRIMINAL PROCEDURE (First Semester Cases 2016- 2017 1 | P a g e UNIVERSITY OF SANTO TOMAS Editors: Tricia Lacuesta Lorenzo Luigi Gayya Cristopher Reyes Macky Siazon Janine Arenas Ninna Bonsol Lloyd Javier CRIMINA L PROCED URE First Sem Cases
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CRIMINAL PROCEDURE (First Semester Cases 2016- 2017 Table of Contents Criminal Procedure 4 General Matters 4 Criminal Jurisdiction 4 Prosecution of offenses 4 Effect of institution of the criminal action on the prescriptive period4 Control of Prosecution 8 Complaint and Information 9 Sufficiency of complaint or information 10 Date of commission of offense 13 Designation of offense 14 Name of the accused 17 Qualifying and Aggravating circumstances18 Amendment and substitution of complaint or information 19 Venue for criminal actions 21 Intervention of offended party 23 Prosecution of civil action 24 Rule on implied institution of civil action with criminal action 24 Independent civil actions25 When separate civil action is suspended 26 No reservation of civil action in BP 22 26 Effect of death of the accused or convict on civil action 27 Prejudicial question 28 Preliminary Investigation 31 Nature and purpose of Preliminary Investigation 32 Probable cause 33 Who may conduct determination of existence of probable cause 37 Non-interference of the court in finding probable cause by prosecutor; exceptions 39 Right to bail pending preliminary investigation 42 Inquest Proceedings 42 Effect of absence of preliminary investigation 43 2 | P a g e
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CRIMINAL PROCEDURE (First Semester Cases 2016- 2017 Arrest 44 Arrest, how made 44 Requisites of issuance of warrant of arrest 44 Arrest without warrant, when lawful 48 Method of arrest52 Waiver of objection on the irregularity of arrest 52 Bail 53 Nature 53 Application for bail must be in custody 54 When a matter of right, exceptions 55 When a matter of discretion 57 Application for bail in capital offenses 58 Guidelines in fixing the amount of bail 61 Remedy when bail denied 63 Forfeiture of bail63 Application for bail not a bar to objections on the illegality of arrest 64 Rights of the accused 64 Rights of the accused at the trial 64 Rights of the persons under custodial investigation 72 Arraignment and plea 76 Purpose76 Arraignment and plea 77 When may accused enter a plea of guilty to a lesser offense 79 Accused pleads guilty to capital offense 80 Plea of guilty to a non-capital offense 82 Suspension of arraignment 83 Motion to quash 83 Grounds 83 Double Jeopardy 88 Provisional dismissal 91 Trial 93 Trial in absentia 93 Requisites for discharge of accused as state witness 94 Judgment 98 Rule if accused fails to appear in the promulgation of judgment 98 Promulgation of Judgment 99 New trial or reconsideration 99 Grounds 99 Appeal 101 Appeal not a natural right 101 Who may appeal102 Where to appeal 104 3 | P a g e
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CRIMINAL PROCEDURE (First Semester Cases 2016- 2017 Effect of appeal 105 Effect of appeal by any of several accused 107 Appeal from the civil aspect 108 Neypes Rule applies to appeals in criminal cases 109 Search and seizure 109 Nature of search warrant109
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