How The Perpetrator Brought To The Criminal Justice Process in The Philippines

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HOW THE PERPETRATOR BROUGHT TO THE CRIMINAL JUSTICE PROCESS IN

THE PHILIPPINES

Criminal Justice System is a legal process by a civilized society in the prevention and solution of

crimes which carried on through investigation and the persons suspected thereof is taken into

legal custody, prosecuted in a court of law, and punished if found guilty, or acquitted if found

innocent, provision being made for his/her correction and rehabilitation. In the Philippines

criminal justice line-agencies is composed of the Law Enforcement, Prosecution, Court,

Correctional Institutions and Community. Furthermore, the first stage in the criminal justice

process pertains to the Law enforcement such as the Police which carried on through

investigation of crimes that are reported to or discovered by first respondent or the law enforcer.

The next stage of criminal justice process in Prosecution it is the arm of the government that is

generally vested in the department of justice under the direction, supervision and control of the

secretary of justice where the interest of the public is issue. The prosecution service is composed

by the Chief State prosecutor, The Regional State Prosecutor, The Provincial Prosecutor, The

City/Municipal Prosecutors and such others Prosecutorial offices as maybe established by law.

The duty of the prosecution is to evaluate those evidences presented to them by the police or by

the counsel of the offended party and the accused. The third stage of the criminal justice process

is the Court they are the judicial tribunals upon which the judicial power of the government is

vested to the Supreme Court and such others courts that may established by the law. Supreme

Court is the highest court of the land. Its function is to review those cases appealed to them, they

are the last resort, for no appeal lies its judgement and final orders. It exercise as an appellate

court over case decided by the Court of Appeals or Regional Trial Courts. The fourth stage of the

criminal justice process is the Correctional Institutions it refers to the penal or correctional

process which primarily involved in the custody and safe-keeping the criminal offenders. The

last stage is the Community refers to the participation of the community at large in the detection

and prevention of all form or criminal activities.

Therefore, the perpetrator is brought to the criminal justice in the Philippines once he was

arrested by the law enforcer for the crime that he committed. From the moment he was arrested
the law enforcer is required to inform to the dialect known by the offender his rights which it is

the Miranda Rights. Such as the right to remain silent anything he may say may use against him

in the court of law, the right to have his own counsel, if he cannot afford to have the State will

provide it. Upon informing his rights it will be simultaneously handcuff the offender and brought

to the nearest police station. An offender cannot be interview or interrogate without the presence

of his lawyer unless he waived it, however, such waiving his right must be put into writing and

with the presence of his lawyer. An offender may only be imprisoning for 12, 18 and 36 hours

depending on the crime that he is committed. If there is no complaint that was filed, then the

offender must be released or else the police will be liable for arbitrary detention. If there is a

complaint filed, then the offender will wait if he can bail or not, if not then he will wait for his

arraignment, where he will be read if he is guilty or not. Then trial will be proceeded by their

own counsels. If the accused if found guilty then he will be imprison depending on the sentence

given to him by the judge and if is not guilty then he must be released immediately.

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