Criminal Procedure ( MELANIO )

8/19/2019 Criminal Procedure ( MELANIO )

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Introduction to

CriminalProcedure


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• What is criminal procedure?

• Criminal procedure is the method prescribed by law for the

apprehension and prosecution of persons accused ofany criminal oense and for their punishment, in case ofconviction.

• What is criminal procedure concerned with?

• Criminal procedure is concerned with the procedural stepsthrough which the criminal case passes, commencing withthe initial investigation of a crime and concluding with theunconditional release of the oender. It is a generic termused to describe the network of laws and rules which governthe procedural administration of criminal justice


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What are the sources of

Criminal Procedure?


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1. panish !aw of Criminal "rocedure

#. $eneral %rder &o. '(, dated )pril #* 1+

*. )mendatory acts passed

by the "hilippine Commission-. he various /uasi acts, the "hilippine 0ill of 1+#,the ones !aw of 1+12, the ydings34c5u6e !aw,and the Constitution of the "hilippines

'. he 7ule of Court of 1+-, and the 1+2-, 1+(', and1+(( 7ules on Criminal "rocedure

2. 8arious 7epublic )cts 97) #-, udiciary )ct, 7)(#-+ creating the andiganbayan, peedy rial )ct:

;. "residential 5ecrees(. 1+(; Constitution, particularly )rt. III 0ill of 7ights

+. Civil Code 9)rt. *#, **, *-:

1. Certain judicial decisions

11.7) (*+* he peedy rial )ct1#.Circulars1*.he7evised 7ules on Criminal "rocedure 95ec 1, #


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What are the systems ofcriminal procedure?

• The Inquisitorial System

he detection and prosecution of

oenders are not left to the initiativeof private parties but to the o6cialsand agents of law.

udge is not limited to the evidencebrought before him but could proceedwith his own in/uiry which is notconfrontational.


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• The Accusatorial System


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• Mixed System

Combination of in/uisitorial andaccusatorial. y amination of

defendants and other persons before?ling the complaint is in/uisitorial. y

udicial set3up in the "hilippines isaccusatorial or adversarial.


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What are the dierence !etween

Criminal "aw and Criminal Procedure?


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• Criminal law is substantive@ it de?nes

crimes, treats of their nature, andprovides for theirpunishment. Criminal procedure, on

the other hand, is remedial orprocedural@ it provides for themethod by which a person accusedof a crime is arrested, tried andpunished. Criminal law declares whatacts are punishable, while criminalprocedure provides how the act is to

be punished


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#ow $ules of CriminalProcedure interpreted?

he rules of criminal procedure shallbe liberally construed in favor of the

accused and strictly against thestate to even the odds in favor ofthe accused against whom the

entire machinery of the stateis mobili=ed


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What is %urisdiction?

urisdiction 9in general: is the power

or authority given by the law to a courtor tribunal to hear and determine certaincontroversies. It is the power of courts tohear and determine a controversy

involving rights which are demandableand enforceable.


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&ierence !etween 'enue and %urisdiction(

8enue is de?ned as the particular country orgeographical area in which a court with

jurisdiction may hear and determine a case. Itmeans the place of trial. %n the other hand,

jurisdiction is the power of the court to decidethe case on the merits. 8enue is thusprocedural, while jurisdiction is substantive. In

civil cases, venue may be waived or stipulatedby the parties. %n the other hand, jurisdictionis granted by law or the Constitution andcannot be waived or stipulated


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Ahat is Criminal urisdictionB

Criminal jurisdiction is the

authority to hear and try aparticular oense and

impose the punishment forit.


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What is Territorial %urisdiction?

he re/uirement of territorial jurisdiction means that a

criminal action should be ?ledin the place where the crimewas committed, e>cept in

those cases provided by)rticle # of the 7evised "enalCode.


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Importance of CriminalProcedure( )in future Police and otherpersons*

• re/uires police to make criminal defendants awareof their rights prior to the defendant making anystatements if the government intends to usethose statements as evidence against thedefendant. or e>ample, law enforcement mustensure that the defendant understands the rightto remain silent and the right to have an attorney

present, as the ifth and i>th )mendments respectively provide. he defendant mustknowingly, intelligently, and voluntarily waivethose rights in order for the government to useany statements as evidence against the

defendant.

http://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvhttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentvihttp://www.law.cornell.edu/constitution/constitution.billofrights.html#amendmentv


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Criminal Procedure ( MELANIO )

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