Crim Pro Midterm 2024

عدد الخيارات في هذه العجلة: 83

• It is a sworn written statement charging a person with an offense, subscribed by the offended party, any peace officer, or other public officer charged with the enforcement of the law violated.
• it is an accusation in writing charging a person with an offense, subscribed by the prosecutor and filed with the court.
• Who must prosecute criminal actions?
• The crimes of ___________ and concubinage shall not be prosecuted except upon a complaint filed by the offended spouse.
• The crimes of adultery and ______________ shall not be prosecuted except upon a complaint filed by the offended spouse.
• The crimes of adultery and concubinage shall not be prosecuted except upon a complaint filed by the ________________.
• The offenses of _____________, abuduction and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian.
• The offenses of seduction, ______________, and act of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian.
• The offenses of seduction, abduction and _________________ shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or guardian.
• The offenses of seduction, abduction, and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the _____________ of her parents, grandparents or guardian.
• The offenses of seduction, abduction, and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her ____________, grandparents or guardian.
• The offenses of seduction, abduction, and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, ________________ or guardian.
• The offenses of seduction, abduction, and acts of lasciviousness shall not be prosecuted except upon a complaint filed by the offended party or her parents, grandparents or ________________.
• If the offended party dies or becomes incapacitated before she can file the complaint, and she has no known parents, grandparents or guardian, the ___________ shall initiate the criminal action in her behalf.
• When is a complain or information sufficient?
• It is an 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.
• When is preliminary investigation required?
• Who may conduct preliminary investigation? Give at least 3.
• Within _______ days after the filing of the complaint, the investigating officer shall either dismiss the complaint if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and complaints.
• Within 10 days after the filing of the complaint, the investigating officer shall either _____________ the complaint if he finds no ground to continue with the investigation, or issue a subpoena to the respondent attaching to it a copy of the complaint and its supporting affidavits and complaints.
• Within 10 days after the filing of the complaint, the investigating officer shall either dismiss the complaint if he finds no ground to continue with the investigation, or issue a _____________ to the respondent attaching to it a copy of the complaint and its supporting affidavits and complaints.
• Within ________ days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense.
• Within 10 days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his ________________ and that of his witnesses and other supporting documents relied upon for his defense.
• What will the investigating officer do if the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the 10-day period?
• Within _______ days after the investigation, the investigating officer shall determine whether or not there is sufficient ground to hold the respondent for trial.
• If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the ___________ and information.
• If the investigating prosecutor finds cause to hold the respondent for trial, he shall prepare the resolution and _____________.
• After the investigation, what will the investigating prosecutor do if he finds no cause to hold the respondent for trial.
• Within _____ days from the filing of the complaint or information, the judge shall personally evaluate the resolution of the prosecutor and its supporting evidence.
• Within 10 days from the filing of the complaint or information, the judge may immediately __________ the case if the evidence on record clearly fails to establish probable cause.
• Within 10 days from the filing of the complaint or information, if thee judge finds probable cause, he shall issue a ________________.
• Within 10 days from the filing of the complaint or information, if thee judge finds probable cause, he shall issue a warrant of arrest, or a _______________ if the accused has already been arrested.
• Before the complaint or information is filed, the person arrested may ask for a ______________, but he must sign a waiver of the provisions of Article 125 of the Revised Penal Code, as amended, in the presence of his counsel.
• Before the complaint or information is filed, the person arrested may ask for a preliminary investigation, but he must sign a waiver of the provisions of Article _______ of the Revised Penal Code, as amended, in the presence of his counsel.
• After the filing of the complaint or information in court without a preliminary investigation, the accused may, within ______ days from the time he learns of its filing, ask for a preliminary investigation.
• It is the taking of a person into custody in order that he may be bound to answer for the commission of the offense.
• The head of the office to whom the warrant of arrest was delivered for execution shall cause the warrant to be executed within _______ days from its receipt.
• Within ten (10) days after the expiration of the period, the officer to whim the execution of warrant was assigned shall make a _________ to the judge who issued the warrant.
• It is the security given for the release of a person in custody of the law, furnished by him or a bondsman, to guarantee his appearance before any court.
• When is bail a matter of right?
• When is bail discretionary?
• Give the three instances where a peace officer or a private person may, without a warrant, arrest a person.
• It is an offense which, under the law existing at the time of its commission and of the application for admission to bail, may be punished with death.
• It is an undertaking constituted as lien on the real property given as security for the amount of the bail.
• What will happen to the bond if the accused fails to appear in person as required?
• Give at least 3 rights of accused at the trial.
• The arraignment shall be held within _______ days from the date the court acquires jurisdiction over the person of the accused.
• When the accused refuses to plead or makes a conditional plea, what plea shall be entered for him?
• What will happen when the accused pleads guilty but presents exculpatory evidence?
• What will the court do when the accused pleads guilty to a capital offense?
• Give the 3 grounds for suspension of arraignment.
• Where a petition for review of the resolution of the prosecutor is pending at either the Department of Justice, or the Office of the President, the period of suspension shall not exceed ________ days counted from the filing of the petition.
• When is the time to move to quash the complaint or information?
• Give at least 3 grounds of motion to quash.
• It lays down the procedure by which an offender is made to answer for violation of criminal laws.
• It regulates the steps by which one who committed a crime is to be punished.
• What is the effect when one or more elements of the offense have not been alleged in the information?
• It is a legal process issued by a competent authority, directing the arrest of a person or persons upon the grounds stated therein.
• What is the amount of force to be used in the making an arrest?
• It is the formal mode of implementing the constitutional right of the accused to be informed of the nature of the accusation against him.
• What is the period of validity of a search warrant?
• It is an informal and summary investigation conducted by a public prosecutor in criminal cases involving persons arrested and detained without the benefit of a warrant of arrest issued by the court for the purpose of determining whether or not said persons should remain under custody and correspondingly be charged in court.
• It refers to facts and circumstances which would lead a reasonably discreet and prudent man to believe that an offense has been committed by the persons involved.
• It is one by which the State prosecutes a person for an act or omission punishable by law.
• These are crimes or offenses which cannot be prosecuted except on complaint filed by the offended party, or if the offended party is a minor, by the parents, grandparents or the guardian.
• Who can give pardon in the crimes of adultery and concubinage?
• It is a process whereby the accused and the prosecution work a mutually satisfactory disposition of the case subject to court approval.
• It usually involves the defendant’s pleading guilty to a lesser offense or to only one or some of the counts of a multi-count indictment in return for a lighter sentence than that for the graver charge.
• It is a warrant issued for more than one offense.
• It is a search warrant which vaguely described and does not particularize the personal properties to be seized.
• Who can issue a warrant of arrest?
• If the accused is already arrested, what will the court issue to bring the detainee from the police station to the city or provincial jail?
• It means that an arrester has probable cause that an offense has just been committed and has personal belief that the person to be arrested committed a crime.
• It refers to the investigation conducted by the prosecutor to determine the existence or non-existence of probable cause for cases that do not require preliminary investigation.
• In the application for bail after conviction, if the penalty imposed exceeds 6 years, give at least 3 circumstances when present may cause to deny or cancel bail?
• What are the 4 kinds of bail?
• It is a mode of securing the release of any person in custody or detention for the commission of an offense who is unable to post bail due to abject poverty.
• It is the mode by which an accused assails, before entering his/her plea, the validity of the criminal complaint or information filed against him/her for insufficiency or for defect apparent of the face of the Informaiton.
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?
• Who is your instructor in Criminal Procedure?