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LAPINA, MS CRIM 4th Place, Criminologists Licensure Board Examinations October 1996, Manila Visit www.criminologyreviewer.weebly.com for free reviewers & online examinationsTHE CRIMINAL JUSTICE CIRCLE: THE CRIMINAL JUSTICE CIRCLE Visit www.criminologyreviewer.weebly.com for free reviewers & online examinationsPROCESS OF CRIME: KP/Police-Prosecution-Court: PROCESS OF CRIME: KP/Police-Prosecution-Court Offender COMMITS/OMITS an Act w/c produces damage, prejudice, injury, death, loss, to another person called the offended party OFFENDED PARTY Files Complaint/Sworn Statement Proper Barangay Forum Proper Police Substation SETTLED? YES NO OFFICE OF THE PUBLIC PROSECUTOR Preliminary investigation Dismissed./ Settled File Information APPEAL to the Regional State Prosecutor APPEAL to the Secretary of Justice FILE Motion to Suspend /Defer Arraignment with the Court, on the ground that an Appeal to the Secretary of Justice had been interposed; attach copy of the Appeal File Information MTC, MCTC, MTCC, MeTC SUMMARY RULES ORDER DISMISSED REGULAR RULES Issue WA Arraignment Guilty MTCs/RTCs Not Guilty Pre-Trial Settlement Trial Proper Serve Sentence Probation DECISION Motion for Reconsideration APPEAL Motion for Reconsideration CERTIORARIPROCEEDINGS UNDER KATARUNGANG PAMBARANGAY: PROCEEDINGS UNDER KATARUNGANG PAMBARANGAY Offended Party files Verbal or Written Complaint/Statement Punong Barangay SUMMONS Conciliation SETTLED? ALL DISPUTES Except: One party is the gov’t., et. al., One party is a public officer/ employee, & dispute refers to his official functions; 3) Offense is punishable by Imprisonment>1 yr; of a fine> P5,000.00; 4) Offenses where there is no Private offended party; 5) Involving lands located in different cities/municipalities except when the parties agree; 6) Parties residents of different, but not adjacent, barangays of Different municipalities/cities; 7) Such other disputes which may be included by the President. YES NO Execution, By Lupon w/in 6 mos. fr. Settlement; thereafter, by the courts Constitution of the Pangkat Tagapayapa PANGKAT TAGAPAYAPA SUMMONS Hearing SETTLED? YES NO Repudiation CERTIFICATE TO FILE ACTION COURT OF PROPER JURISDICTION By MotionLaw Enforcement : Law Enforcement L A W E N F O R C E M E N T A G E N C I E S They enforce the laws, and rules and regulations of the government in accordance with their defined functions, duties and responsibilities within their respective jurisdictions DEPARTMENT OF FINANCE National Customs Police Enforcement of customs & tariff laws DEPARTMENT OF FOREIGN AFFAIRS - BID Enforcement of laws related to its office DEPARTMENT OF JUSTICE National Bureau of Investigation DEPARTMENT OF INTERIOR & LOCAL GOVERNMENT NATIONAL BUREAU OF INVESTIGATION: NATIONAL BUREAU OF INVESTIGATION Originally, Division of Investigation of the DOJ (CA #181) Patterned after the Federal Bureau of Investigation (FBI) of the U.S. RA #157 (June 19, 1947); expanded under RA #2678 (1960): created the NBI. Four Services: (1) General Investigation Services; (2) Special Investigation Services; (3) General Administrative Services; (4) Technical Services An organic office of the Department of Justice to aid the State ProsecutorsSlide40: Source: PNP Website: www.pnp.gov.phTHE OFFICE OF THE PUBLIC PROSECUTOR: THE OFFICE OF THE PUBLIC PROSECUTOR PROSECUTOR The arm of the Justice Department which is in charge of the reception of Complaints by the aggrieved party. They sift through the evidences as prepared, gathered and reported by the investigative arm – the Police. From these they may either file a case or dismiss the same, or seek other possible evidences.THE OFFICE OF THE PUBLIC PROSECUTOR: THE OFFICE OF THE PUBLIC PROSECUTOR FOR THE PROSECUTION OF OFFENSES, THE RULES OF COURT PROVIDE THE FOLLOWING: A) Offenses where the penalty prescribed by law is at least 4 years, 2 months and 1day without regard to the fine – by filing the complaint with the appropriate officer for the purpose of conducting preliminary investigation therein; Preliminary Investigation: an inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof, and should be held for trial. (Sec 1, Rule 112, The Revised Rules of Criminal Procedure).THE OFFICE OF THE PUBLIC PROSECUTOR: THE OFFICE OF THE PUBLIC PROSECUTOR OFFICERS authorized to conduct PRELIMINARY INVESTIGATION: 1. Provincial or City prosecutors and their assistants; 2. Judges of the MTC and MCTC; 3. National and Regional State Prosecutors; and 4. Other officers as may be authorized by law.THE OFFICE OF THE PUBLIC PROSECUTOR: B) Offenses where the penalty prescribed by law is below 4 years, 2 months and 1 day – by filing the complaint or information directly with the MTC and MCTC, or a complaint with the prosecutor’s office. Complaint: a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of law violated.(Sec. 3, Sule 110, Revised Rules of Court). THE OFFICE OF THE PUBLIC PROSECUTORTHE OFFICE OF THE PUBLIC PROSECUTOR: THE OFFICE OF THE PUBLIC PROSECUTOR Information: an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court. (Sec. 4, Rule 110, Revised Rules of Court). The Following Cases Are Initiated and Can Only Be Prosecuted By The Filing Of A Complaint 1. The crimes of Adultery and Concubinage shall be upon the complaint of the offended spouse. THE OFFICE OF THE PUBLIC PROSECUTOR: THE OFFICE OF THE PUBLIC PROSECUTOR 2. The offenses of Seduction, Abduction, or Acts of Lasciviousness upon complaint filed by a. The offended party, or 1. her parents 2. her grandparents 3. her guardianTHE OFFICE OF THE PUBLIC PROSECUTOR: THE OFFICE OF THE PUBLIC PROSECUTOR b. If the offended party had died, or, she has no relatives as above-written, THE STATE shall initiate the criminal action in here behalf. RAPE, now covered by RA 8353, is classified as a crime against persons. Thus, the complaint can be filed by any person other than the offended party or her relatives.PRELIMINARY INVESTIGATION: PRELIMINARY INVESTIGATION COMPLAINTS -directly filed -certified by brgy. -indorsed by PNP, NBI, etc. Raffle Investigating Prosecutor Issue Subpoena for Respondent to submit CA & supporting documents, No CA, etc. With CA, etc. RESOLTUION Recommend Dismissal Clarificatory Hearing Reverse Affirm City/Provincial Prosecutor/Chief State Prosecutor Prepare Information Yes Recommend Dismissal APPEAL to Sec. of Justice (for both dismissed & filed cases) Appeal to Reg’l. State Prosecutor (for dismissed cases) No Settlement? No Prima Facie Evidence? PROSECUTION OF OFFENSES: PROSECUTION OF OFFENSES J U R I S D I C T I O N OFFENDED PARTY OFFENDER PLACE TIME ACT/S Damages/ Prejudice suffered EVIDENCE W A R R A N T O F A R R E S T D E T E N T I O N M I T T I M U S MTC SP Order INFORMATION MTC/RTC INFORMATION/ COMPLAINT Preliminary Investigation O F F E N S E Name, age, address, relationship, Name, age, address; Or, fictitious name, specific description/ distinguishing marks Specific or general, locality, inhabited, Dwelling, etc. Date, hour, day, night Single or series, verbal or physical, MENTAL, injuries, losses, Witnesses, documents, objects, corpus MUNICIPAL TRIAL COURT PROCEDURES: MUNICIPAL TRIAL COURT PROCEDURES Detained Information Filed At Large CRIMINAL CASES REGULAR RULES Issuance of Warrant Arraignment Not Guilty Guilty; Plea Bargaining, SETTLEMENT TRIAL PROPER DECISION; RESOLUTION; JUDGMENT RULES ON SUMMARY PROCEDURE Dismissal ORDER, 10 days for accused to submit CA & of his witnesses Arraignment & Trial Preliminary Conference Submission of Affidavits, Exhibits JUDGMENT Plea-Bargaining; Compromise Agreement Settlement; Compromise Agreement Clarificatory HearingRULES ON SUMMARY PROCEDURE: RULES ON SUMMARY PROCEDURE Complaint (all other Places) Information (MMA, Chartered Cities) Accompanied by Affidavits of Witnesses MTC, MCTC, MTCC, MeTC Dismissed due to: No Affidavits Attached: Patently w/o Basis or Merit ORDER, requiring the accused to submit Counter-Affidavit & evidences Optional Reply Affidavits Arraignment & Trial Dismissed Guilty Preliminary Conference (Plea Bargaining; Additional Affidavits) TRIAL (only witnesses who has Affidavit shall be examined; affidavits are direct testimonies JUDGMENTPRE-TRIAL: PRE-TRIAL CRIMINAL CASES (SC Circular No. 38-98, Effective 15 Sept 1998) ARRAIGNMENT GUILTY; Plea Bargaining NOT GUILTY Promulgation; Sentencing Negative Defense Affirmative Defense Prosecution first to prove guilt of accused Accused first to prove such defense Issuance of Order for PRE-TRIAL PRE-TRIAL PRE-TRIAL AGREEMENT All agreements or admissions made or entered into shall be reduced to writing and signed by the accused & counsel; subject to approval of the Court. TRIAL PROPER 30 days from receipt of PTO; Continuous trial on short term calendar; period shall not exceed 180 days, unless extension is authorized by Court Administrator Plea-Bargaining, lesser offense must be necessarily included in the offense charged. EXCEPT: When case is under Rules on Summary Procedure; penalty does not Exceed 6 mos, o finr of P1k or both Accused shall have 15 days preparation Slide53: Visit www.criminologyreviewer.weebly.com for free reviewers & online examinations You do not have the permission to view this presentation. In order to view it, please contact the author of the presentation.