Criminal Procedure: Complaint Definition
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Questions and Answers

What is a complaint in the context of criminal procedure?

  • A written statement charging a person with a civil offense
  • An oral statement charging a person with a crime
  • A verbal statement charging a person with an offense
  • A sworn written statement charging a person with an offense (correct)

    • Who is authorized to file a complaint?

  • Any citizen of the country
  • Only peace officers
  • Only the offended party
  • The offended party, any peace officer, or other public officer charged with the enforcement of the law violated (correct)

    • What is meant by an 'offended party' in the context of a complaint?

  • The person who committed the offense
  • The person against whose property the offense or crime was committed (correct)
  • The police officer who arrested the offender
  • The prosecutor who filed the information

    • Which of the following is an example of a peace officer?

    <p>A police officer</p> Signup and view all the answers

    Who is an example of a public officer charged with the enforcement of the law violated?

    <p>A customs agent</p> Signup and view all the answers

    How is a criminal action commenced?

    <p>By filing a complaint or information before the police or the Office of the Prosecutor</p> Signup and view all the answers

    What happens if the offender is lawfully arrested without a warrant?

    <p>The police officer prepares the complaint and submits it for inquest proceedings</p> Signup and view all the answers

    What is the purpose of inquest proceedings?

    <p>To determine if there is probable cause to file a case against the offender</p> Signup and view all the answers

    Who can prepare a complaint in case of a lawful arrest without a warrant?

    <p>The police officer, other law enforcement officer, or any officer charged with the enforcement of the law violated</p> Signup and view all the answers

    What is the relationship between a complaint and an information?

    <p>A complaint is filed before the police or the Office of the Prosecutor, while an information is filed before the court</p> Signup and view all the answers

    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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    Description

    Learn about the definition of a complaint in criminal procedure, who can file one, and the roles of offended parties, peace officers, and public officers.

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