CRIMINAL CASE: ITS STAGES AND PROCEDURE

Summary

This video offers an in-depth look at the criminal procedure process, covering key stages such as investigation, arrest, trial, and appeal. It explains the rights of the accused, from the right to remain silent to the right to a fair trial. The video also details important procedures like preliminary investigations, motions, and the trial process, including the presentation of evidence and the potential for appeal. Viewers are encouraged to understand their rights and the legal processes that govern criminal cases, ensuring fair treatment and justice for all parties involved.

Takeaways

• 😀 Criminal procedure refers to the legal process for the apprehension, prosecution, and punishment of persons accused of crimes.
• 😀 The process starts with the commission of a crime and follows a step-by-step procedure until the possible release of the offender.
• 😀 Warrantless arrest is permissible in certain cases under Rule 113 of the Rules of Criminal Procedure.
• 😀 Preliminary investigation, governed by Rule 112, determines whether there is probable cause to charge the accused with a crime.
• 😀 Criminal cases can be tried in various courts such as the Metropolitan Trial Court or Municipal Trial Court, depending on the jurisdiction and offense.
• 😀 Search warrants can be issued under Rule 126 when there is probable cause to search a person or property related to a crime.
• 😀 Provisional remedies, as outlined in Rule 127, ensure that civil liabilities are addressed while the criminal trial proceeds.
• 😀 The rights of the accused include the right to a fair trial, the right to be informed of the charges, the right to a speedy trial, and the right against self-incrimination (Rule 115).
• 😀 A motion to quash can be filed to challenge the charges based on constitutional violations or other legal grounds (Rule 117).
• 😀 After trial, both parties can present evidence, and the court's decision can be appealed to higher courts, such as the Court of Appeals or Regional Trial Court.
• 😀 The principle of 'double jeopardy' ensures that no person can be tried twice for the same offense, as stated in Article 3, Section 21 of the 1987 Constitution.

Q & A

What is criminal procedure?

Criminal procedure refers to the method prescribed by law for the apprehension, prosecution, and punishment of persons accused of a criminal offense. It outlines the steps a criminal case goes through, from the initial investigation to the release of the offender if acquitted.

What happens right after a crime is committed in terms of criminal procedure?

After a crime is committed, the first step in criminal procedure involves the apprehension of the suspect, often through a warrantless arrest. Following this, the legal process progresses through investigation, trial, and, if necessary, appeals.

What is the Miranda Doctrine in relation to arrest?

The Miranda Doctrine is a legal requirement that a person arrested must be informed of their rights, such as the right to remain silent and the right to an attorney, to avoid self-incrimination. This protects the accused's constitutional rights during arrest.

What is a preliminary investigation, and why is it important?

A preliminary investigation is conducted by the prosecutor to determine whether there is probable cause to formally charge someone with a crime. It helps ensure that only cases with sufficient evidence proceed to trial.

What rights does an accused person have under criminal procedure?

An accused person has several rights, including the right to be presumed innocent, the right to be informed of the charges, the right to be present at the trial, the right against self-incrimination, the right to confront witnesses, and the right to a speedy and impartial trial.

What is the process after the case is filed in court?

Once a case is filed in court, the accused may file motions such as a motion to quash, and a preliminary conference is held before the trial begins. This includes presenting evidence and witnesses, followed by a judgment after the trial concludes.

What happens during a trial in terms of evidence presentation?

During the trial, both the defense and prosecution present their evidence and witnesses. The court assesses the formal offer of evidence, and a decision is made based on the facts presented, following the rules of criminal procedure and trial conduct.

What is the purpose of a motion for a new trial or reconsideration?

A motion for a new trial or reconsideration is filed if one party believes that there has been a legal error in the judgment or that new evidence has come to light. This allows for the potential reopening of the case under specific circumstances.

How does the appeals process work in criminal cases?

After a trial court makes a decision, either party can appeal to a higher court, such as a regional trial court or the court of appeals, depending on the jurisdiction. The appeal aims to review the lower court’s decision for errors in the trial process.

What is the significance of Rule 112 in the criminal procedure?

Rule 112 outlines the process for preliminary investigations, including the steps the prosecutor must take to determine if there is probable cause to proceed with charges. It helps establish whether a case should go to trial or be dismissed.