Beruflich Dokumente
Kultur Dokumente
3 & 4)
Complaint Information
Must be sworn and in writing Need not be sworn; only in writing
Subscribed by: Subscribed by the Prosecutor
(a) Offended party
(b) Peace Officer
(c) Other Public Officer charged with law
enforcement
Jeopardy does not attach where an accused pleads guilty to a defective indictment
Lack of authority of the officer signing it, cannot be cured by silence, acquiescence, or even by
express consent
Objections relating to the form of the information or complaint must be made upon his
arraignment or during trial. It cannot be made for the first time on appeal. Failure to timely object
would be taken as a waiver.
o Rationale: The fact that the accused participated and presented his defenses to contradict
the crime imputed against him without first objecting to the information/complaint
containing said imputations would logically lead to the presumption that accused
declined or abandoned his right to assert it.
Does not vitiate the information if the facts alleged clearly recite the facts constituting the crime
charged.
o Rationale: What controls is not the mentioning of the provision violated but the actual
facts recited in the information.
Facts proving the existence of aggravating and qualifying circumstances must be recited.
Failure to state an aggravating circumstance, even if duly proven at the trial, will not be
appreciated.
o Rationale: Accused will be denied of the right to be informed of the crime charged against
him.
Failure to object to the duplicity of offenses in one complaint or information would be deemed as
a waiver.
o Effect:
(1) The court may convict him for as many offenses as are charged and proved, and
(2) impose on him the penalty for each offense.