witness, and the witness may identify the accused, and this must take
place in the presence of the court having jurisdiction to permit the
privilege of cross examination.
Counsel De Officio - He is counsel appointed by the court to represent
and defend the accused in case he cannot afford to employ one himself.
Complaint - sworn written statement charging a person with an offense,
subscribed by the offended party, any peace officer or other public
official charged with the enforcement of the law violated.
Continuous Trial System - Trial once commenced shall continue from
day to day as far as practicable until terminated; but it may be
postponed for a reasonable period of time for good cause.
Criminal Action - It is an action by which the State prosecutes a
person for an act or omission punishable by law.
Criminal Jurisdiction - It is the authority to hear and try a
particular offense and impose the punishment for it.
Criminal Procedure - It is the method prescribed by law for the
apprehension and prosecution of persons accused of any criminal offense
and for their punishment, in case of conviction.
Custodial Investigation - Involves any questioning initiated by law
enforcement officers after a person has been taken into custody or
otherwise deprived of his freedom of action in any significant way.
Demurrer To Evidence - It is an objection by one of the parties in
an action, 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.
Deposition - It is the testimony of a witness taken upon oral
questions or written interrogatories, in open court, but in pursuance
of a commission to take testimony issued by a court, or under a general
law or court rule on the subject, and reduced to writing and duly
authenticated, and intended to be used in preparation and upon the
trial of a civil or criminal prosecution.
Duplicity of the Offense - A complaint or information must charge
only one offense, except when the law prescribes a single
punishment for various offenses.
Error of Judgment - One which the court may commit in the exercise of
its jurisdiction.
prison sentence under the continued custody of the state and under
conditions that permit his reincarceration if he violated the conditions
of his release.
Plea Bargaining - process whereby the accused and the prosecution in
a criminal case work out 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 some of the counts of
a multi-count indictment in return for a lighter sentence than that
for the greater charge.
Prejudicial Question - It is one which arises in a case, the
resolution of which is a logical antecedent of the issue involved
therein and the cognizance of which pertains to another tribunal.
Preliminary Investigation - inquiry or proceeding to determine if
there is sufficient ground to engender a well-founded belief that a
crime cognizable by the RTC has been committed, and that the respondent
is probably guilty thereof, and should be held for trial.
Pre-Trial Order - It is an order issued by the court reciting the
actions taken, the facts stipulated and the evidence marked
during the pre-trial conference. Such order binds the parties and
limits the trial to those matters not disposed of.
Probable Cause - such facts and circumstances which would lead a
reasonably prudent man to believe that a crime has been committed and
the thing to be searched for and seized is in the place to be searched.
- Such reasons, supported by facts and circumstances,
as will warrant a cautious man in the belief that his action, and the
means taken in prosecuting it, are legally just and proper
Probable Cause For A Search - It is defined as such facts and
circumstances which would lead a reasonably discreet and prudent man
to believe that an offense has been committed and that the objects
sought in connection with the offense are in the place sought to
be searched.
Probable Cause In General - Such facts and circumstances antecedent
to the issuance of the warrant, that are in themselves sufficient to
induce a cautious man to believe that the person against whom the
search warrant is applied had committed or is about to commit a crime.
Probation - disposition under which a defendant after conviction and
sentences, is released subject to conditions imposed by the court and
to the supervision of a probation officer.
Property Bond - It is an undertaking constituted as a lien on the real
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.
Transactional Immunity - witness can no longer be prosecuted for any
offense whatsoever arising out of the act or transaction.
Trial - It is the examination before a competent tribunal according
to the laws of the land, of the facts put in issue in a case for the
purpose of determining such issue.
Trial in Absentia - accused in case of his non-appearance After
Arraignment despite due notice simply means that he thereby waives
his right to meet the witnesses face to face, among others.
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.