Criminal Justice System

May 6, 2018 | Author: Jose Richard Giray | Category: Pardon, Prosecutor, Crime & Justice, Criminal Justice, Crimes
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PHILIPPINE CRIMINAL JUSTICE SYSTEM...

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1 PHILIPPINE CRIMINAL JUSTICE SYSTEM CRIMINAL JUSTICE SYSTEM •







The sum total of instrumentation instrumentation which a society uses in the prevention and control of crime and delinquency The machinery of the state or government which enforces the rules of conduct necessary to protect life and  property and to maintain peace peace and order  The network of works and tribunals which deal with criminal law and its enforcement Comprises all means used to enforce these standards of conduct, which are deemed necessary to protect individuals and to maintain general well-being of the community

FIVE PILLARS OF THE PHILIPPINE CRIMINAL JUSTICE SYSTEM

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GOALS OF CRIMINAL JUSTICE SYSTEM

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prot protec ectt memb member erss of soci societ ety y main mainte tena nanc ncee of of pea peace ce and and order 

3. eco econd ndar ary y 2oa 2oals ls 1. prev preven enti tion on of of cri crime mess +. the the revi review ew of of lega legali lity ty of of the the  preventive and suppressive suppressive measures . the 4udici 4udicial al determ determina inatio tion n of of guilt or innocence of those apprehend /. the proper proper dispo disposit sition ion of those those who have been legally found guilty 0. the the corr correc ecti tion on by by soci social ally ly approved means of the behave if those who violate the criminal law

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the the supp suppre ress ssio ion n of cri crimi mina nall conduct by apprehending offenders for whom prevention is ineffective ineffective

A. LAW LAW ENFORC ENFORCEME EMENT NT / POLIC POLICE E

s the first pillar in the criminal 4ustice syst system em,, the the poli police ce is cons consid ider ered ed as the the initiator of actions. *ts actions and decisions essentially control or dominate the activities or functions of the other components. Brief Histor

The ins instit titution tion of pol police ice in the )hilip )hilippin pines es formal formally ly start started ed during during the panish "ra. The establishment of the police force force was was not entir entirely ely inten intended ded or crime crime  prevention or peacekeeping rather, it was crea create ted d as an e6te e6tens nsio ion n of the the colo coloni nial al military establishment. A!"ie!t Roots

The foreru forerunne nnerr of the contem contempor porary ary  police system was the practice of the  barangay chieftains to select able-bodied young men to protect their barangay during the night and was not required to work in the fields during daytime. mong the duties of  those selected were to protect the properties of the people in the barangay and to protect their 7barangay8s9 crops and livestock from wild animals.

S#$!is% Perio& C$r$'i C$r$'i!er !eros os &e Se()ri Se()ri&$& &$& P)'*i" P)'*i"$ $ :  orga organi ni;e ;ed d in 15. This decree provides that [email protected] of the ableAbodied male inhabitants of each  province were to be enlisted in this police organi;ation organi;ation for three years.

+ G)$r&i$ Ci+i* : this was created by a &oyal =ecree issued by the Crown on 1+ $ebruary 1>0+ to partially relieve the panish )eninsular Troops of their work in policing towns. *t consisted a body of $ilipino  policemen organi;ed originally in each of  the provincial capitals of the central  provinces of Lu;on under the lcalde 'ayor. A,eri"$! Perio&

The mericans established the nited tates )hilippines Commission headed by 2en. Boward Taft as its first governorgeneral. %n ?anuary , 1A1, the 'etropolitan )olice $orce of 'anila was organi;ed pursuant to ct #o. ?uly 1A1.

"6ecutive %rder #o. 1A1+ : transferred to the city and municipal government the operational supervision and direction over  all *#) units assigned within their locality.

A"t No. 00 : the act that renamed the insular Constabulary into )hilippine Constabulary, passed on  %ctober 1A1.

"6ecutive %rder #o. 1A/A : transferred the administrative control and supervision of the *#) from 'inistry of #ational =efense to the #ational )olice Commission.

E1e")ti+e Or&er 234 : ordered that the )C  be one of the four services of the rmed $orces of the )hilippines, dated + =ecember 1/A. Post A,eri"$! Perio& RA 5365 : otherwise known as the )olice )rofessionali;ation ct of 155, dated > eptember 155 created the )olice Commission 7)%LC%'9 as a supervisory agency to oversee the training and  professionali;ation of the local police forces under the office of the president. Later  )%LC%' was renamed #ational police Commission 7#)%LC%'9.

-- under this ct, the City ( 'unicipal police forces and its personnel were under the administrative and operational control and supervision of the %ffice of the )resident through the  #)%LC%'. M$rti$* L$7 Re(i,e

RA 64 : otherwise known as the D=epartment of the *nterior and Local 2overnment ct of 1AE, enacted on 1 =ecember 1A -- reorgani;ed the =*L2 and established the )hilippine #ational )olice, 3ureau of $ire )rotection, 3ureau of ?ail 'anagement and the )hilippine )ublic afety College. RA 3- : otherwise known as the )hilippine #ational )olice &eform and &eorgani;ation ct of 1>, enacted on 1> -- amended certain provisions of  & 5

)eople responsible for the creation of the  #3* 1. )resident 'anuel L. Iue;on +. Chief ?ustice ?ose bad antos . ecretary ?ose ulo RA -  : created the #ational 3ureau of  *nvestigation, enacted on 1 ?une 1/< RA No 063 : recogni;e the #3*, dated 15A

B. PROSECUTION The course of action or process whereby accusations are  brought before a court of   4ustice to determine the innocence or guilt of the accused *n a criminal action, it is a  preceding instituted and carried on by due course of  law, before a competent tribunal, for the purpose of  determining the guilt or  innocence of a person charged with the crime The continuous following up, through instrumentalities carried by law, of a person accused of a public offense with steady and fi of reaching a 4udicial determination of the guilt or innocence of the accused 8)ties of $ Prose")tor;

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To conduct preliminary investigation To make proper recommendation during the inquest of the case referred to them  by the police after investigation of a suspect.

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To represent the government or state during the prosecution of the case against the accused in the absence of a  private counsel or prosecutor under his supervision and controlF /. To act as law officer of the province or  city in the absence of a legal officer and as legal adviser of all political instrumentalities and their officialsF and 0. To investigate administrative cases filed against the tate )rosecutors including the support staff of the #ational )rosecution ervices. THE NATIONAL SERVICE $tio!$* Str)"t)re;

*t is composed of the %ffice of the Chief tate )rosecution 7)rosecution taff9, the &egional tate )rosecution %fficers and the )rovincial and City )rosecution %ffice. *t is prosecution attorneys and special counsels. *t is the ecretary of the =epartment of ?ustice who e6ercise general supervision and control over the prosecutors throughout the country. t the operational level, the Chief  tate )rosecutor, as the head of   )rosecutorial taff, is tasked with the implementation of the provision of laws, e6ecutive orders and rules and carries out the policies, plans, programs and pro4ects of  the =epartment relative to the investigation and prosecution of criminal cases. A&&itio!$* Prose")tor;

Res#o!si'i*ities

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*nvestigates, resolves, or recommends disciplinary action on all administrative cases filed against the state prosecutors,  provincial ( city prosecutors, including the support staff of the #)F

&enders opinions on queries from  prosecutors regarding the violation of  the &evised )enal Code and other penal laws and the proper legal interpretation thereofF cts as the Hice Chairman of the 3oard of  Canvassers of the Commission on "lectionsF cts as a law officer of the provincial ( city in the absence of legal officer and as legal adviser of all the political instrumentalities and their officials. cts as &egistrar of =eeds in the absence of  the &egistrar of =eeds and the deputyF and &epresents the %ffice of the olicitor2eneral, and acts as deputi;ed pecial )rosecutor of the %mbudsman and of  the Commission of "lections when so deputi;ed. Pre*i,i!$r I!+esti($tio!

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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 *t is merely prosecutorial and is often the only means of  discovering the persons who may be reasonably charged with a crime to enable the  prosecutor to prepare his complaint or information *t is not a trial of the case on the merits and has no purpose e6cept that of determining whether a crime has been committed and whether there is a probable cause to believe that the accused is guilty thereof  *t is required to be conducted  before the filing of the complaint or information for  an offense where the penalty  prescribed by law is at least four years, two months and one day without regard to fine. Pro'$'*e C$)se

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As '$sis i! "%$r(i!( #rose")ti!( #erso! 7it% $! offe!se; )robable cause is the e6istence of such facts and circumstances as would e6cite a belief in a reasonable mind acting on the facts within the knowledge of the prosecutor that the  person charged id guilty of the crime for  which he is prosecuted. 0. As $ (ro)!& for $! $rrest or iss)$!"e of 7$rr$!t of $rrest; )robable cause is such facts and circumstances, which would lead a reasonably discreet and prudent man to  believe that an offense has been committed by the person sought to be arrested. 2. As #rote"tio! $($i!st f$*se #rose")tio! $!& $rrest; )robable cause is the knowledge of facts, actual or apparent, strong enough to 4ustify a reasonable mind in the belief that he has lawful grounds for arresting the accused. OBJECTIVES OF PRELIMINARY INVESTIGATION

To protect the innocent against hasty, oppressive and malicious  prosecutionF To secure the innocent from an open and public accusation of trial, from the trouble of e6pense and an6iety of a public trialF To protect the tate from useless and e6pensive trials.

OFFICERS AUTHORI?E8 TO CON8UCT PRELIMINARY INVESTIGATION; •





)rovincial or City )rosecutors and their assistants ?udges of the 'unicipal Trial Courts and 'unicipal Circuit Trial Courts  #ational and &egional tate )rosecutors



%ther officers as may be authori;ed by lawG Tanodbayan8s special  prosecutors as authori;ed  by the %mbudsman C%'"L"C8s authori;ed legal officers in connection with election offenses pecial prosecutors appointed  by the ecretary of ?ustice

PROCE8URE OF INVESTIGATION $."o!&)"te& ' #rose")tor;

PRELIMINARY

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There must be a complaint accompanied by the affidavit of the complainant and his witness as well as their other supporting documents to establish probable cause. The number of copies shall be same as the number of respondents plus additional two for the official file. These shall be filed with the  prosecutor8s office. 0. The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within te!
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