Criminal Law
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Criminal Law FAQs:
A warrant of arrest is a written order from a judge directing the arrest of a person accused of committing a crime. It is issued only after the information is raffled in the judge’s sala and after the judge finds probable cause that a crime was committed and that the person being arrested is probably responsible for it.
The degree of evidence required in filing a criminal case against a person is different from the degree of evidence required in order to find that person guilty of the crime charged. In order to file a criminal case against a person, probable cause is required to be established. On the other hand, in order to find a person guilty of a crime charged, guilt beyond reasonable doubt is required to be established.
The rights of a person accused with a crime includes:
1. Right to remain silent.
2. Right to legal counsel.
3. Right to be presumed innocent until proven guilty.
4. Right to due process.
5. Right to bail (except generally for capital offenses where evidence of guilt is strong).
6. Right to confront witnesses against them.
7. Right against self-incrimination.
Yes. There is a prescriptive period in filing a criminal case and this depends on the penalties of the crimes to be charged.
A bail is a security posted by the person arrested pending the trial of his / her criminal case in court in order to secure his / her temporary release. Generally, the right to bail is a constitutional right except in cases where the crime charged is punishable by reclusion perpetua or death and the evidence of guilt is strong.
The principle of double jeopardy means that a person cannot be prosecuted twice for the same offense after a valid judgment has been rendered. Once aquitted or convicted, the person cannot be tried again for the same crime.