CRIMINAL PROCEDURE 1

[Type the document title]

CRIMINAL PROCEDURE: Place where the crime was committed determines not only
the venue of the action but it is essential element of
 Concerned with the procedural steps through jurisdiction.
- which a criminal case passes
- commencing with the initial investigation of When jurisdiction attaches
crime
It must be made to appear that the law has given the tribunal
- concluding with the unconditional release of the
capacity to entertain the complaint against the person or
offender.
thing sought to be charged or affected and that such
- The network of laws and rules which governs
complaint has actually been preferred and tht such person or
the procedural administration of criminal
thing has been properly brought before the tribunal to
justice, that is laws and court rules ( governing
answer the charge therein contain
arrest, search and seizure)

 Method prescribed by law for the apprehension and

prosecution of persons accused of any criminal
offense, and for their punishment, in case of
conviction.
 Sources:
- Rules of Crim. Pro.
- 1987 Consti. Art. III of Bill of Rights
- Principle of international law of the land, however,
its application is limited only to the subject covered
by the said treaty or international agreement.

Criminal law Criminal procedure

Substantive Remedial
Defines: crimes, treats of Method by which a person
their nature and provides for accused of a crime is
punishment arrested, tried and punished
Declares: what are How the act is to be punished
punishable

SYSTEM OF CRIMINAL PROCEDURE

 Inquisitorial – prosecution of crime is wholly in the

hands of the prosecuting officer and the court
- Presence of accused before magistrate is not
requirement, magistrate may proceed with the
inquiry and render judgment on the case even in the
absence of the accused
 Accusatorial – requires all crimes, except private
offenses which must be commenced by the
complaint of the offended party. To be prosecuted
by a public prosecutor.
- Accused has the right to be present at any stage of
the proceedings and to be heard personally by the
counsel.
- Trial is conducted publicly and the right of the
accused against self – incrimination
- Enjoys presumption of innocence which last until
proven guilty
- Right to appeal
- One court is not an agent of another and may not for
this reason may punish contempt in vindication of
the authority or decorum which is not its own

VENUE

VENUE JURISDICTION
Locality, place where suit Power of the court to decide
may be had the merit of the case
procedural substantive

Venue cannot be waived or stipulated upon because it is an

element of jurisdiction