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