Criminal Procedure Reviewer
Criminal Procedure Reviewer
What is criminal procedure?
Criminal procedure is the method prescribed by law for the apprehension and prosecution of persons accused of any criminal offense
and for their punishment, in case of conviction.
What is criminal procedure concerned with?
Criminal procedure is concerned with the procedural steps through which the criminal case passes, commencing with the initial
investigation of a crime and concluding with the unconditional release of the offender. It is a generic term used to describe the
network of laws and rules which govern the procedural administration of criminal justice.
What are the sources of criminal procedure?
1. Spanish Law of Criminal Procedure
2. General Order No. 58, dated April 23 1900
3. Amendatory acts passed by the Philippine Commission
4. The various quasi acts, the Philippine Bill of 1902, the Jones Law of 1916, the Tydings-McDuffie Law, and the Constitution of
the Philippines
5. The Rule of Court of 1940, and the 1964, 1985, and 1988 Rules on Criminal Procedure
6. Various Republic Acts (RA 240, Judiciary Act, RA 8249 creating the Sandiganbayan, Speedy Trial Act)
7. Presidential Decrees
8. 1987 Constitution, particularly Art. III Bill of Rights
9. Civil Code (Art. 32, 33, 34)
10. Certain judicial decisions
11. RA 8393 The Speedy Trial Act
12. Circulars
13. The Revised Rules on Criminal Procedure (Dec 1, 2000)
What are the three systems of criminal procedure?
1. Inquisitorial – the detection and prosecution of offenders are not left to the initiative of private parties but to the officials
and agents of the law. Resort is made to secret inquiry to discover the culprit, and violence and torture are often employed
to extract confessions. The judge is not limited to the evidence brought before him but could proceed with his own inquiry
which was not confrontative.
2. Accusatorial – The accusation is exercised by every citizen or by a member of the group to which the injured party belongs.
As the action is a combat between the parties, the supposed offender has the right to be confronted by his accuser. The
battle in the form of a public trial is judged by a magistrate who renders a verdict. The essence of the accusatorial
system is the right to be presumed innocent. To defeat this presumption, the prosecution must establish proof of guilt
beyond reasonable doubt (moral certainty).
3. Mixed – This is a combination of the inquisitorial and accusatorial systems. The examination of defendants and other
persons before the filing of the complaint or information is inquisitorial.
The judicial set-up in the Philippines is accusatorial or adversary in nature. It contemplates two contending parties before
the court, which hears them impartially and renders judgment only after trial.
Distinguish between criminal law and criminal procedure.
Criminal law is substantive; it defines crimes, treats of their nature, and provides for their punishment. Criminal procedure, on the other hand, is remedial or procedural; it provides for the method by which a person accused of a crime is arrested, tried and punished. Criminal law declares what acts are punishable, while criminal procedure provides how the act is to be punished.
to read more download the pdf and/or doc file below..
Comments
Post a Comment