yaml2mindmap/data/crimpro.yaml

Criminal\nProcedure:
    _class:style2

    motion to quash:
        childrenDirection:down
        grounds:

            not constitute offense
            no juris. offense
            no juris. person
            office filed no authority
            not conform to prescribed form
            more than one offense charged
            crim liability extinguished
            contains averments constituting legal excuse
            double jeopardy

        not waived:
            facts charged not constitute an offense
            no jurisdiction over the offense
            action or liability extinguished
            double jeopardy

    jurisdiction:

        childrenDirection:down
        MTC:

            offenses not exceeding 6\nyears imprisonment
            not more than P4000 fine
            violation of city, municipal ordinances
            damage to property through criminal negligence
            BP22
            summary procure:

                traffic laws
                not exceeding 6 months or not exceeding P1000
                damage to property where fine not exceeding P10000

            ..qualified by cases falling under\nRTC and the Sandiganbayan
            barangay conciliation:
                less than 4 years, 2 months, 1 day

        RTC:

            exclusive original over all criminal cases\nexcept in MTC and Sandiganbayan\nmore than 6 years
            appellate jurisdiction over MTC
            under specific laws
            written defamation
            comprehensive dangerous drug act
            violation of intellectual property rights

        sandiganbayan:
            _class:style2

            exclusive and original:

                RA 3019
                RA 1379
                salary grade 27\nenumerated offiercs

            offenses and felonies\nin relation to office
            civil and criminal cases\nEO 1,2,14,14-a


    preliminary investigation:

        childrenDirection:down
        at least 4 years, 2 months, 1 day
        if not required:\n1. file complaint MTC, MTCC\n2. or Office of prosecutor:
            manila and chartered cities\n.. file with office of prosecutor

    bail:
        direction:left
        _class:style2

        Sec 13. Article III Consti
            presumption of innonce
            excessive bail

        guarantee appearance

        matter of right
            MTC
            RTC before conviction
                not death, reclusion perpetua\life imprisonment

        matter of discretion
            before conviction in RTC and
            death, reclusion, life and
            evidence of guilt is strong

        matter of denial
            RTC, d,r,l, guilt is strong, or after conviction
            RTC, after conviction, exceeding 6 years and:
                recidivist, quasi-recidivist,\nhabitual delinquent, reiteration
                escaped, violated bail conditions
                committed offense while on probation,\nparole or conditional pardon
                indication of flight
                undue risk


    civil action:
        direction:left

        deemed instituted\nunless waived, reserved,\ninstituted prior
        independent civil actions
        new node

    prosecution:
        direction:left

        childrenDirection:down
        private prosectutor\neven without public..\n1. heavy workload\n2. lack of public prosec:

            authorization in writing
            from Chief of Prosecution Office\nor Regioanl State Prosecutor
            approved by the court

        private crimes:

            childrenDirection:down
            adulter and concubinage
            seduction, abduction, acts of lasciviousness
            RA 7610
            defamation consisting of imputation\nof offense of adultery, concubinage..

        direction and control

    complaint:
        direction:left

        childrenDirection:down
        sworn written statement
        charging with an offense
        subscribed by::

            1. offended party; or
            2. peace officer; or
            3. public officer charged with\nenforcement of law violated

    information:
        direction:left

        written statement
        subscribed by prosecutor

    substitution:
        direction:left
        amendment
            before plea
                no leave
                leave of court (even before plea) if:
                    downgrades
                    excludes one of the accused
                motion by prosecutor, notice to offended
            after plea
                formal
                    leave of court
                    must not prejudice rights
                substantial
                    not allowed

        substitution:
            mistake in the charging the proper offense
            must not put accused in double jeopardy

    demurrer to evidence:
        direction:left
        with leave
            motion for leave (with 5 days from rest)
            if granted, file the demurrer within 10
                if demurrer granted ~ acquittal
            if denied, adduce evidence
        without leave
            if demurrer granted ~  acquittal
            if denied, waives right to adduce evidence

    judgment:

        variance:
            offense proved is different from charged
                convicted with the offense proved
            offense charged is necessarily included in offsense proved
            or necessisarily includes offense proved
                essential elements or ingredients

        if accused fails to appear in promulgation
            without just cause
            loses his remedies unless
                surrender
                motion for leave to avail of remedies

        new trial (grounds):
            errors of law
            irregularities prejudicial to substantial rights
            new and material evidence
                discovered after the trial
                diligence
                probably change the judgment
            effect ~ set aside, taken anew, allow new evidence

        reconsideration
            errors of law which requires no further proceedings
            errors of fact which requires no further proceedings
            effects ~ set aside, new judgment rendered

        appeal
            notice of appeal
            within 15 days

        provisional remedy (attachment):
            about to abscond
            crime founded upon a claim of property embezzled
            concealed, removed, disposed, about to
            accused resides outside