Criminal Procedure Definitions Term
Criminal Procedure Definitions Term
Criminal Procedure – is the method pointed out by law for the apprehension, trial or prosecution and
fixing the punishment of those persons who have broken or violated or are supposed to have broken
or violated, the law prescribed for the regulation of the conduct of the people of the community, and
who have thereby laid themselves liable to fine or imprisonment or both.
It refers to the pleading, evidence and practice in criminal prosecutions. It
provides or regulates the steps by which one who violates a criminal statute is punished.
Information - is an accusation in writing charging a person with an offense subscribed by the prosecutor
and filed with the court.
Arrest - is the taking of a person into custody in order that that he
may be bound to answer for the commission of an offense.
Illegal Arrest - If the arrest of a person is not justified by any of the instances
of a warrantless arrest under Rule 113, Sec. 5.
The fact that the person arrested did not actually commit the crime
does not render the arrest illegal.
Prescription of the Penalty - Loss/waiver by the State of its right to demand service of the penalty
imposed.
Demurrer to Evidence - Objection by one of the parties to the effect that the evidence which his
adversary produced
is insufficient in point of law, whether true or not, to make out a case or sustain the issue.
Ratio Decidende - Provides for the basic reason for the judgment
Acquittal - A finding of not guilty based on the merits, either:
1) The evidence does not show that his guilt is beyond reasonable
doubt; or
2) A dismissal of the case after the prosecution has rested its case
and upon motion of the accused on the ground that the evidence
fails to show beyond doubt that accused is guilty.
Final Order — One which disposes of the whole subject matter or
terminates a particular proceeding/action, leaving nothing to be
done but to enforce by execution what has been determined.
Error of Judgment - One which the court may commit in the exercise of
its jurisdiction.
Reverse Trial - When the accused admits the act or omission charged in
the complaint/information but interposes a lawful defense, the trial
court may allow the accused to present his defense first and thereafter
give the prosecution the opportunity to present his rebuttal evidence.
State Witness - One of two or more persons jointly charged with the
commission of a crime but who is discharged with his consent as such
accused so that he may be a witness for the state.
Stop and Frisk - A limited protective search of outer clothing for weapon.
Use and Derivative Use Immunity - witness is only assured that his
or her particular testimony and evidence derived from it will not be
used against him or her in a subsequent prosecution.