Criminal Procedure Revised

7/27/2019 Criminal Procedure Revised

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CRIMINAL

PROCEDURE


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Initial Investigation/Filing

Complaint

Preliminary Investigation

Filing of Information in Court

Issuance of Warrant of ArrestArraignment

Trial

Judgment

Motion for New Trial or

Reconsideration

Appeal

Pre-trial


4/18


Complaints




Trial

Judgment


Reconsideration

Appeal

Pre-trial

The complaint is a sworn,

written statement accusingsomeone of one or more

crimes, filed by the

offended party or law

enforcement officer.

The complaint may be filed

with the office of the

prosecutor in the place

where the offense wascommitted.


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Complaints




Trial

Judgment


Reconsideration

Appeal

Pre-trial

The following should be

included in a complaint:1. Name of the offended

party

2. Specific crime charged

3. Acts or omissions thatconstitute the crime

(remember to include the

number of such acts, if

repeated)

4. Name of the offender(s)5. Approximate date of the

offense

6. Place where the offense was

committed


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Complaint




Trial

Judgment


Reconsideration

Appeal

Pre-trial

When the penalty provided by

law is at least 4 yrs, 2 mos. & 1

day without regard to fine

PROBABLE CAUSE

Sufficient ground toengender a well-founded

belief that a crime has been

committed and the

respondent is probably guilty

thereof, and should be held

for trial. (Revised Rules of

Criminal Procedure, Rule

112, Sec. 1)


7/18


Complaint




Trial

Judgment


Reconsideration

Appeal

Pre-trial

An information is a written

accusation charging a person

with an offense.


8/18


Complaint




Trial

Judgment


Reconsideration

Appeal

Pre-trial

Within ten days from the filing

of the information, the judge

makes an independent

evaluation whether there is

enough evidence to establish

probable cause that the

accused committed the crime(s)

charged. If the judge finds

probable cause, he will issue a

warrant of arrest.


9/18


Complaint



Issuance of Warrant of Arrest

Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

At arraignment, the court informs

the accused of the charges against

him and asks whether he pleads guiltyor not guilty


10/18


Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

The accused must be personallypresent to hear the charge(s) read to

him by the judge or clerk and to

personally enter his plea

If the accused refuses to plead ormakes a conditional plea, a plea of

not guilty is automatically entered for

him.

The accused can also plead guilty to a

lesser crime or to only one or some

of the crimes charged in the

information in exchange for a lighter

sentence, but only with the consent

of the offended party and the

prosecutor


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Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

plea bargaining; stipulation of facts;

marking for identification of

evidence;

waiver of objections to

admissibility of evidence;


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Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

ORDER:

1. Presentation of

prosecutions evidence

2. Presentation of defense

evidence3. Rebuttal evidence

4. Sur-rebuttal evidence

5. Submission of

memoranda

6. Submitted for decision.


13/18


Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

Beyond Reasonable Doubt

Standard of proof used at a

criminal trial requiring the judge

to be satisfied to a moral

certainty that every element of

the crime has been proven by theprosecution. The prosecution

does not have to establish

absolute certainty by eliminating

all doubt, but must provide

enough evidence so that allreasonable doubts are removed

from the mind of the ordinary

person.
http://www.courts.state.pa.us/Index/Aopc/Glossary/r.htmhttp://www.courts.state.pa.us/Index/Aopc/Glossary/r.htm


14/18


Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

In the case of a conviction,

before the verdict becomes

final, the accused can make a

motion for new trial or a

motion for reconsideration(Rule 121, Sec. 1).

Must be filed within fifteen (15)

days from the promulgation of

the


15/18


Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

The court will grant a new trial

if the accused can prove that:

1. errors of law or irregularities

prejudicial to the substantial

rights of the accused were

committed during the trial;2. new and material evidence

was discovered which the

accused could not with

reasonable diligence have

discovered and produced at

the trial and which if

introduced and admitted

would probably change the

judgment.

(Rule 121, Sec. 2)


16/18


Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

The court will grant

reconsideration if it

finds errors of law orfact in the judgment,

which requires no

further proceedings

(Rule 121, Sec. 3).


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Complaint




Arraignment

Trial

Judgment


Reconsideration

Appeal

Pre-trial

15 days from the date of

promulgation of judgment


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THANK YOU

Documents

Criminal Procedure Revised