What is a motion for reinvestigation?

What is a motion for reinvestigation?

Motion for reinvestigation of the prosecutor recommending the filing of information once the information has been filed before the court (1) if the motion is filed without prior leave of court; (2) when preliminary investigation is not required under Sec.

What is reinvestigation in Criminal Procedure?

Re-investigation is a process of investigation denovo and CrPC is silent in relation to the process of re-investigation. Re-investigation without permission is prohibited but further investigation is permissible. The re-investigation wipes out the investigation done earlier.

What is the period of the trial indicated in the revised guidelines for continuous trial of criminal cases?

thirty (30) calendar days
The demurrer shall be resolved by the court within a non-extendible period of thirty (30) calendar days from date of the filing of the comment or lapse of the ten (10)-day period to file the same.

When can I file motion to quash Philippines?

If the accused has been arrested, with or without warrant, he may file MOTION TO QUASH the arrest or to RECALL the same, on the ground that the same has been illegally made or that there is no probable cause.

How many days the respondent is required to submit counter-affidavit?

ten (10) days
(c) Within ten (10) days from receipt of the subpoena with the complaint and supporting affidavits and documents, the respondent shall submit his counter-affidavit and that of his witnesses and other supporting documents relied upon for his defense.

Can a police officer further make investigation after filing chargesheet?

The Allahabad High Court has observed that the police has unfettered power of investigation and such investigation can continue even after the charge sheet has been filed under section 173 (2) of the CrPC and its cognisance taken.

What is the period for perfecting an appeal?

Section 3,27 Rule 41 of the Rules of Court, retains the original 30 days as the period for perfecting the appeal by record on appeal to take into consideration the need for the trial court to approve the record on appeal.

Can the 90 days to decide a case by the lower courts extendible?

2000-10-580 within the 90-day period to decide cases prescribed for the lower courts. Whenever a judge cannot decide a case promptly, all he has to do is to ask the Court for a reasonable extension of time to resolve it.

What are the grounds for motion to quash Philippines?

GROUNDS FOR MOTION TO QUASH

• Facts charged do not constitute an offense.
• Court trying the case has no jurisdiction over the offense charged.
• Court trying the case has no jurisdiction over the person of the accused.
• Officer who filed the information had no authority to do so.

Can a dismissed case be reopened Philippines?

If prosecutors dismissed the case “without prejudice,” they can refile charges any time before the statute of limitations has expired – that is, they can reopen it if they are able to overcome whatever caused the dismissal in the first place.

When should you quash information?

GROUNDS FOR MOTION TO QUASH – The test to determine if the facts charged constitute an offense is to determine Whether Or Not (WON) all the essential elements of the crime have been alleged. – Indubitable facts.

What happens if the respondent does not file a counter affidavit?

If the respondent cannot be subpoenaed, or if subpoenaed, does not submit counter-affidavits within the ten (10) day period, the investigating officer shall resolve the complaint based on the evidence presented by the complainant.

Is the filing of a counter affidavit be extended for another 10 days?

The complainant may file reply affidavits within ten (10) days after service of the counter- affidavits. c) If the respondents does not file a counter-affidavit, the investigating officer may consider the comment filed by him, if any, as his answer to the complaint.

Can police file chargesheet without evidence?

Section 170 of the Code of Criminal Procedure, 1973 states that if after investigation, the officer in charge of the police station (where First Information Report was first filed) believes there is sufficient evidence or reasonable grounds to arrest, they can do so and send a report to the Magistrate.

Can evidence be submitted after chargesheet?

The Karnataka High Court has observed that the documents which are not the part of the charge-sheet could be received in evidence for prosecution after the commencement of trial.