Criminal Procedure Review Questions

May 10, 2018 | Author: Jose Li To | Category: Bail, Prosecutor, Crimes, Crime & Justice, Arrest
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Criminal Procedure Reviewer 1 1. Sworn written statement charging a person with an ofense, subscribed by the ofended party, party, any peace ocer ocer or other public ocial charged with the enorcement o the law violated. . !normation ". Complaint C. davit #. $emorandum %. ccusation in writing charging a person with an ofense, subscribed by the &scal and &led with the court. . !normation ". Complaint C. davit #. $emorandum '. ((((and(((( courts gain )urisdiction over the ofense upon the &ling o complaint by a complainant or an inormation by the prosecuting ocer. . $*C and C ". $*C and SC C. $*C and S" #. $*C and R*C R*C +. urisdiction o the court over the ofense is determined . t the time o the institution o the action ". t the time o the arrest o the accused C. t the time o voluntary surrender o the accused #. t the time o the commission o the ofense -. hich o the ollowing is alse. .  complaint is a sworn statement ". !normation must be sworn to C. !normation is &led with the court #.  complaint is subscribed by the ofended party, any peace ocer or other ocer charged with the enorcement o the law violated

/. Remedies o ofended party when &scal unreasonably reuses to &le an inormation or include a person therein as an accused.

. !n case o grave abuse o discretion, action or mandamus ". 0odge a new complaint against the ofenders C. *ae up matter with the Secretary o ustice #. ll o the above 2. !n $unicipal *rial Courts and $unicipal Circuit *rial Courts criminal actions are instituted by . "y &ling a complaint with the appropriate ocer or the purpose o conducting re3uisite preliminary investigation therein. ". "y &ling the complaint 4506 with the oce o the &scal C. "y &ling the complaint or inormation directly with said courts, or a complaint with the &scal7s oce #. 5one o the above 8. hich o the ollowing ofenses is sub)ect to summary   procedure. . 9iolation o trac laws ". 9iolation o municipal or city ordinance C. 9iolation o rental laws #. ll o the above :. !n criminal cases covered by the rules on summary procedure shall be deemed commenced only when it is &led in . *he Prosecutor;s oce ". 0upon o the "arangay C. *he Court #. 5one o the above 1
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