Questions and Answers
What is a complaint in the context of criminal procedure?
A sworn written statement charging a person with an offense
Who is authorized to file a complaint?
The offended party, any peace officer, or other public officer charged with the enforcement of the law violated
What is meant by an 'offended party' in the context of a complaint?
The person against whose property the offense or crime was committed
Which of the following is an example of a peace officer?
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Who is an example of a public officer charged with the enforcement of the law violated?
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How is a criminal action commenced?
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What happens if the offender is lawfully arrested without a warrant?
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What is the purpose of inquest proceedings?
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Who can prepare a complaint in case of a lawful arrest without a warrant?
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What is the relationship between a complaint and an information?
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Study Notes
Definition of a Complaint
- 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.
Persons Authorized to File a Complaint
- Offended party (person/s against whose property the offense or crime was committed)
- Any peace officer (police officers, agents of the National Bureau of Investigation, other law enforcement officers)
- Other public officer charged with the enforcement of the law violated (e.g. Internal Revenue Agents, Customs Agents)
Filing of Criminal Action
- Commenced by either filing a complaint or information before the police, Office of the Prosecutor, or Court
- If offender is lawfully arrested without a warrant, complaint is prepared by police officer, other law enforcement officer, or officer charged with enforcement of the law violated, and case is submitted for inquest proceedings
- Complaint is prepared by requiring the offended party to make a sworn written statement regarding the incident, together with affidavits/statements of witnesses, if any
- Sworn written statement of offended party and witnesses, if any, together with affidavit of arresting officer, is the basis for filing the case for inquest proceedings before the Office of the Prosecutor
Alternative Filing Options
- If offender is not arrested, case can be initiated by filing a sworn complaint affidavit before the Office of the Prosecutor or to the Court for the conduct of the preliminary investigation, if required
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