CrimPro-Senga-Notes-pdf.pdf - I General Principles Remedial Law details the methods for enforcing rights or obtaining redress for their

CrimPro-Senga-Notes-pdf.pdf - I General Principles Remedial...

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Notes on Criminal Procedure under Atty. Senga Intellectual Property of Mikkaela Mones, 2C AY 2016-2017 I. General Principles Remedial Law - details the methods for enforcing rights or obtaining redress for their invasion (Black’s Law Dictionary) Criminal Procedure rules of law governing the procedures by which crimes are investigated, prosecuted, adjudicated, and punished - a proceeding whereby the State prosecutes a person for an act or omission punishable by law - method prescribed by law for apprehension and prosecution of persons accused at any criminal offense (Herrera) - treats of the series of processes by which the criminal laws are enforced and by which the state prosecutes persons who violate the penal laws - concerned with the procedural steps through which a criminal case passes, commencing with the initial investigation of a crime and concluding with the unconditional release of the offender or punishment in case of conviction - describes the network of laws and rules which governs the procedural administration of criminal justice, that is, laws and court rules governing arrest, search and seizure, bail, etc (Black’s Law Dictionary) - starts with the initial contact of the alleged lawbreaker with the justice machinery and concludes either with a judgment exonerating the accused or the final imposition of a penalty against him Differences between Criminal Procedure and Criminal Law Criminal Law Criminal Procedure Substantive Nature Remedial Define what acts are punishable Purpose Provides how acts are punished Defines crimes, treats for their nature, provides for their punishment Subject Matter Method by which the accused is arrested, tried, and punished if convicted Adversarial/Accusatory System - contemplates two contending parties before a court which hears them impartially renders judgment only after trial (Queto v Catolico) - requires all crimes, except the so-called private offenses which must be commenced by the complaint of the offended party, to be prosecuted by a public prosecutor. The accused has the right to be present at any stage of the proceedings and to be heard personally and by counsel. Trial is conducted publicly, and the right of the accused against self- incrimination is guaranteed. Furthermore, the accused enjoys the presumption of innocence which lasts until his guilt is proved beyond reasonable doubt. The right to appeal is a characteristic feature of this system, although the judgment of the trial court does not require the imprimatur of the court of last resort before it may attain finality. (Pamaran, 2007) -It is of the essence of the accusatorial system grounded in the due process school of
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Notes on Criminal Procedure under Atty. Senga Intellectual Property of Mikkaela Mones, 2C AY 2016-2017 criminology that there be moral certainty of guilt to defeat the constitutional presumption of innocence (People v Egot) - confrontative and trial is publicly held and ends with magistrate rendering verdict (Riano) Essence: Presumption of innocence Inquisitorial System
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