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Prosecution of Offenses
What is the distinction between the control by the prosecution and the control by the court?
Before a case is filed in court, the prosecution has control over the following:
1. What case to file
2. Whom to prosecute
3. The manner of prosecution
4. The right to withdraw the case before arraignment even without notice and hearing.
After a case is filed in court, the court has control over the following:
1. The suspension of arraignment
2. Reinvestigation
3. Prosecution by the prosecutor
4. Dismissal
5. Downgrading of the offense or dropping of the accused even before plea
What are the limitations on the control by the Court?
What are the crimes that must be prosecuted upon complaint of the offended party?
1. Adultery and concubinage
2. Seduction, abduction, acts of lasciviousness
3. Defamation which consists in the imputation of an offense mentioned above
Private offenses are those which cannot be prosecuted except upon complaint filed by the aggrieved party.
Strictly speaking, there is no such thing as a private offense since all offenses are an outrage against the
State. They are denominated as private offenses only to give deference to the offended party who may
prefer not to file the case instead of going through the scandal of a public trial.
After a complaint for a private crime has been filed in court, what is the effect of pardon by the
offended party? The pardon by the offended party will not have any effect on the prosecution of the
offense. Once a complaint has been filed in court, jurisdiction over the offense will be acquired and will
continue to be exercised by the court until termination of the case.
In what case can an accused not be convicted of a crime different from that designated in the
complaint or information even if the recitals allege the commission of the crime?
If it involves:
1. a change of the theory of the trial
2. requires of the defendant a different defense
3. surprises the accused in any way
What are the offenses in which the particular place where the offense was committed is
essential? Examples are:
1. Violation of domicile
2. Penalty on the keeper, watchman, visitor of drug den
3. Trespass to dwelling
4. Violation of election law (prohibiting the carrying of a deadly weapon within a 30-meter radius of polling
places)
What are the offenses in which the time of the commission of the offense is essential? Examples
are:
1. Infanticide
2. Violation of Sunday Statutes (Election Law)
3. Abortion