CRIMINAL PROCEDURE EXAM I. TRUE OR FALSE: Write T if the statement is correct and F if the statement is wrong. Write o!r answer on the "#an$ %ro&ided. 'O ERASURES( Otherwise it wi## "e considered as wrong. ). ******** Immediate# after arrest+ the arresting officer !s!a## cond!cts a search on the said %erson and remo&es an wea%ons+ contra"and or e&idence re#ated to the crime, and informs him of the nat!re and ca!se of his arrest. Then s!s%ect %erson sho!#d "e incarcerated. -. *********The crimina# intent of the acc!sed m!st "e a##eged where the crimina#it of an act de%ends !%on the intent with which it was done. .. **********The crimina# /!stice %rocess !s!a## "egins when the %o#ice a!thorities fi#e a com%#aint with the co!rt. 0. **********A sworn statement made " the com%#ainant is s!fficient e&idence in fi#ing a com%#aint with the fisca#1s office. 2. *********When a %artic!#ar intent is essentia# to constit!te an offense+ the intent m!st "e distinct# and %recise# a##eged in the com%#aint. 3. *********4artic!#ar $now#edge is one of the essentia# re5!isites that m!st "e a##eged in the com%#aint in constit!ting an offense which m!st a#so "e distinct# and %recise# a##eged. 6. *********4re7arrest in&estigati&e %roced!res are designed to answer whether the crime was act!a## committed and8or if there is s!fficient gro!nd that e9ists to /!stif his arrest. :. *********4ost7arrest in&estigation is cond!cted when the s!s%ect was arrested and to &erif if there is a reasona"#e gro!nd to contin!e his incarceration or to %ost "ai# "ond. ;. *********Once a com%#aint is fi#ed " a citi<en+ initia# o"ser&ation sha## "e cond!cted " the #aw enforcer. Thereafter+ a %ost7arrest in&estigation is im%#emented. )=. *********4re#iminar matters that m!st "e a##eged in the com%#aint are the nat!re and ca!se of offenses committed+ the %artic!#ar intent and the %artic!#ar $now#edge. )). *********In fi#ing a com%#aint+ what m!st "e a##eged in a crimina# intent is the e#ement of the crime committed. CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law )-. *********If arrest was made " a %ri&ate indi&id!a# and the %erson arrested is de#i&ered to the %ro%er a!thorities+ i##ega# detention ma "e committed. ).. *********After the arrest+ a %re#iminar in&estigation sha## "e cond!cted to "e gi&en an access to the testimon and e&idence against him and to inform him of his right. )0. *********The fisca# ma determine whether there is reasona"#e gro!nd to "e#ie&e that a crime has "een committed on the "asis of the sworn statement and affida&it of com%#aint if the acc!sed is %ro"a"# g!i#t thereof. )2. *********The /!risdiction o&er the s!"/ect matter is conferred " the #aw and de%ends !%on the a##egation made in the com%#aint and the %ena#ties %rescri"ed " #aw for the offenses committed. II. >hoose the correct answer: ). What is the remed of the offended %art or com%#ainant sho!#d the %rosec!ting officer ref!se or fai# to fi#e an information or to %rosec!te the crimina# action? a. Refi#e the case with other >o!rt ". Fi#e a motion to dismiss c. Ta$e the matter with @e%artment of A!stice d. Amend the com%#aint -. In fi#ing a com%#aint where the offense is committed " more than one %erson+ how sho!#d the com%#aint "e fi#ed? a. A com%#aint against indi&id!a# %er%etrators ". A com%#aint against a## of the offended %arties c. A com%#aint against a## of the acc!sed d. A com%#aint fi#ed se%arate# against the %rinci%a# .. Which of the fo##owing re5!isites are not re5!irement of the com%#aint? a. 'ame of the acc!sed and his $nown address ". The designation of the offense c. The acts or omission com%#ained of as constit!ting the offense d. Warrant of arrest 0. What is the ma/or ste% in the %rocessing of a crimina# case after o! recei&e a com%#aint? a. >ond!ct initia# in&estigation ". A%%rehend the s!s%ect c. Ba$e a re%ort of the crime d. A%%# for a warrant of arrest CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law 2. What does a %o#ice officer do when cond!cting %re7arrest in&estigation? a. searching the s!s%ect1s home ". 5!estioning the acc!sed in the %resent of his8her co!nse# c. inter&iewing the witnesses d. initia# o"ser&ation "e cond!cted and determine if the crime has "een committed 3. Who among the fo##owing %!"#ic officers are not a##owed to cond!ct a %re#iminar in&estigation in fi#ing a crimina# case in co!rt? a. 4ro&incia# and >it %rosec!tors ". >hief of 4o#ice in the m!nici%a#ities c. A!dges of B!nici%a# Tria# >o!rt d. Tanod"aan 6. Cow co!#d o! determine the &en!e in fi#ing a com%#aint? a. a##eged in com%#aint ". the %ena#t %ro&ided " #aw c. the %#ace where the offense committed d. the 5!a#ifing circ!mstances :. When does a co!rt ac5!ire /!risdiction in crimina# case? a. the offense is one which the co!rt is " #aw a!thori<ed to ta$e cogni<ance ". when the co!rt iss!ed a warrant of arrest c. the %re#iminar in&estigation was cond!cted " the Betro%o#itan tria# A!dge d. the offenses was inherent in their territoria# /!risdiction ;. A!risdiction ac5!ired " the co!rt " means of &o#!ntar a%%earances or arrest of the acc!sed? a. A!risdiction o&er the s!"/ect matter ". A!risdiction o&er the %erson of the acc!sed c. A!risdiction o&er the territor where the offenses committed d. A!risdiction o&er the crimina# cases )=. What do o! mean that the right of the acc!sed is to "e informed of the nat!re and ca!se of acc!sation against him which re5!ires that e&er materia# facts and essentia# e#ement of the offense "e charged with %recision and certaint in the information or com%#aint in a sim%#e+ !nderstanda"#e #ang!age of the crime+ he is charged with and the acts constit!ting the crime+ in a s!fficient detai# to ena"#er him to %re%are his defense and to "e %rotected in the e&ent of do!"#e /eo%ard. a. The offense m!st not "e stated h%othetica## or arg!mentati&e, ". The offense m!st not "e stated in the dis/!ncti&e or a#ternati&e wa c. The facts m!st "e a##eged in %ositi&e terms and not " wa of recita#, CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law d. A## of the a"o&e. )). What is the most im%ortant %art of %o#ice career in a%%rehending the crimina# e#ement? a. Re%ort of the crime ". Doo$ing of s!s%ected crimina# c. Warrant of arrest d. 4re#iminar in&estigation )-. It is s!fficient that a com%#aint m!st state the tr!e identit of the acc!sed or an a%%e##ation or nic$name " which he has "een or is $nown+ or if his identit cannot "e disco&ered he m!st "e descri"ed !nder a fictitio!s name with a statement that his is !n$nown. a. The designation of the crime " name ". 'ame of the defendant m!st "e stated c. The fact m!st "e identif in the com%#aint d. The 5!estions on the acc!sed identit m!st "e raised d!ring arraignment ).. A com%#aint m!st state the name and s!rname of the %erson against whom or against whose %ro%ert the offense was committed or an a%%e##ation or nic$name " which s!ch %erson has "een or is $nown+ and if there is no "etter wa of identifing him+ he m!st "e descri"ed !nder a fictitio!s name. a. The name of the acc!sed m!st "e stated ". The name of the offended %art m!st "e stated c. The name of the witnesses d. B!st "e %artic!#ar# descri"ed the offenses committed )0. Whene&er %ossi"#e+ a com%#ainant sho!#d state the tr!e offenses committed "esides the acts or omissions constit!ting the same and if there is no designation+ reference sho!#d "e made to the section or s!"sections of the stat!tes %!nishing it. a. the facts m!st "e a##eged in com%#aint ". the 5!a#ification of crime committed c. the nat!re and ca!se of action d. the designation of the offense " the stat!te )2. It is stated in ordinar and concise #ang!age witho!t re%etition "!t not necessari# in the terms of stat!te defining the offense+ "!t in s!ch form as is s!fficient to ena"#e a %erson of common !nderstanding to $now what offense is intended to "e charged+ and ena"#e the co!rt to %rono!nce %ro%er /!dgment+ it means, a. the act or omission com%#ained of, ". the materia# a##egations in the com%#aint, c. the facts and circ!mstances of com%#aint CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law d. the e#ements of offense committed )3. It is an in5!ir or %roceeding for the %!r%ose of determining whether there is s!fficient gro!nd to engender a we## fo!nded "e#ief that a crime cogni<a"#e " the Regiona# Tria# >o!rt and that the res%ondent is %ro"a"# g!i#t thereof. a. 4re#iminar In&estigation ". 4re#iminar e9amination c. >om%#aint d. >rimina# 4roced!re )6. To determine the offense that has "een committed and there is a reasona"#e gro!nd to "e#ie&e that the acc!sed has committed and a warrant ma "e iss!ed. a. 4re#iminar in&estigation ". 4re#iminar e9amination c. >om%#aint d. >rimina# %roced!re ):. It sim%# means that there is a s!fficient facts to con&ince him+ that a %erson has committed the crime+ and has a %ro"a"#e ca!se to /!stif his iss!ance of order of arrest+ who ma order to iss!e a warrant of arrest? a. >it or m!nici%a# %rosec!tor ". A!dges of B!nici%a# Tria# >o!rt cond!ct %re#iminar in&estigation c. A!dges of Regiona# Tria# >o!rt d. Fisca# );. A %re#iminar in&estigation means to %rotect the innocent against hast+ ma#icio!s and o%%ressi&e %rosec!tion+ to s%are from tro!"#e+ e9%enses+ and an9iet of %!"#ic tria#+ and to %rotect the state itse#f from !se#ess and wastef!# tria#s+ is it? a. >onstit!tiona# rights ". 4art of d!e %rocess c. 4art of crimina# /!stice sstem d. Bandator order of the co!rt and certification is re5!ired -=. When is a %erson who is #awf!## arrested and detained witho!t warrant+ ma as$ to cond!ct a %re#iminar in&estigation %ro&ided he wi## sign a wai&er !nder Art. )-2 of the Re&ised 4ena# >ode? a. When he was arrested and8or "efore fi#ing of crimina# action, ". When the Regiona# Tria# A!dge order to cond!ct %re#iminar in&estigation, c. When the Regiona# Tria# A!dge iss!ed a warrant of arrest, d. When the fisca# ref!se to cond!ct the %re#iminar in&estigation. CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law -). The acc!sed is to "e informed of the com%#aint or information fi#ed against him+ and to "e gi&en access to the testimon and e&idence against him at the %re#iminar in&estigation+ when is this rights sha## in&o$e " the acc!sed? a. when the acc!sed is !nder c!stodia# in&estigation %!rs!ant to new constit!tion ". when the acc!sed was arrested "efore tria# c. when he in&o$e the rights of the acc!sed at the tria# d. when the acc!sed was iss!ed a warrant of arrest --. In %ro%er fi#ing of com%#aint which cogni<a"#e with Regiona# Tria# >o!rt sha## state the $nown address of the res%ondent and "e accom%anied " affida&it of com%#aint and his witnesses as we## as other s!%%orting doc!ments+ in s!ch n!m"er co%ies as there are res%ondents+ Cow man co%ies sho!#d "e retain as officia# fi#e? a. Fo!r co%ies ". Two co%ies c. Fi&e co%ies d. Three co%ies -.. After ta$en the sworn statement or sin!m%aan sa#asa of the com%#ainant in a case fa## !nder Artic#e .00 of the Re&ised 4ena# >ode+ e&idences+ and the statement and affida&it of the witnesses+ what other doc!ment sha## "e s!"mit to the Fisca# Office? a. >ertification of >hief of 4o#ice ". Affida&it of >om%#aint c. Bedica# e9amination d. Warrant of arrest -0. It is made " an act!a# restraint of the %erson to "e arrested+ or " his s!"mission to the c!stod of the %erson ma$ing the a%%rehension. a. Arrest ". In&estigation c. warrant of arrest d. search warrant -2. S!ch form as is s!fficient to ena"#e %erson of common !nderstanding to $now what offense is intended to "e charged+ and ena"#e the co!rt to %rono!nce %ro%er /!dgment. a. >a!se of acc!sation ". Information c. 4rosec!tion of offense d. 4re#iminar in&estigation -3. S!fficient# !nderstood that it co!#d "e fo!nd in the com%#aint8information that the offense was committed at the some %#ace within the /!risdiction of CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law the co!rt !n#ess it constit!tes an essentia# e#ement of the offense or is necessar for identifing the offense charged. a. 4rosec!tion of offenses ". E#ement of offense c. 4#ace of the commission of the crime d. Time of the commission of the offense -6.What is the #ife e9%ectanc of warrant of arrest !%on iss!ance " the /!dge? a. fifteen das ". ten das c. twent das d. twent fi&e das -:. When ma$ing an arrest " &irt!e of a warrant+ the officer sha## inform the arrested %erson the ca!se and nat!re of his arrest and the facts that a warrant has "een iss!ed for his arrest, EE>E4T a. When he f#ees or forci"# resists "efore the officer has o%%ort!nit so to inform him or when the gi&ing of s!ch information wi## im%eri# his arrest, ". The officer need not ha&e the warrant in his %ossession at the time of the arrest, c. If the %erson arrested so re5!ires the warrant sha## "e shown to him as soon as %ractica"#e, d. that the warrant has "een e9%ired. -;. A method fi9ed " #aw for the a%%rehension and %rosec!tion of a %erson who is s!%%osed to ha&e committed a crime and for his %!nishment if con&icted. a. >om%#aint ". Information c. >rimina# 4roced!re d. >rimina# intent .=. A sworn statement charging a %erson with an offense+ s!"scri"ed " the offended %art+ %eace officer or other %!"#ic officer in charged OF LAW E'FOR>EBE'T a. >om%#aint ". Information c. >rimina# offense d. crimina# intent .). It is a sec!rit re5!ired and gi&en for the re#ease of a %erson who is in the c!stod of the #aw+ that he wi## a%%ear "efore the co!rt in which his a%%earance ma "e re5!ired as sti%!#ated in the "ai# "ond. a. Dai# Dond CRIMINAL PROCEDURE EXAM Lambda Epsilon Xi DVOREF College of Law ". Dai# c. S!ret d. Recogni<ance .-. What is the remed of a %erson who has "een arrested on the "asis of an in&a#id warrant? a. Fi#e a %etition for ha"eas cor%!s and %ost "ai# ". Fi#e a motion to dismiss c. Fi#e a %re#iminar in&estigation d. Fi#e a %etition to iss!e a warrant of arrest ... One iss!ed " a %rofessiona# "ondsman+ that is+ one who is ha"it!a## engaged in the "!siness for f!rnishing "onds in ci&i# actions or for %ersons arrested or detained for %rosec!tion. a. Recogni<ance ". >or%orate S!ret Dond c. 4ro%ert Dond d. >ash "ond .0. A contract "etween the s!reties and the State for the %rod!ction of the %rinci%a# at the re5!ired time. It is an o"#igation of record+ entered into "efore co!rt or magistrates d!# a!thori<ed to ta$e it+ with the condition to do some %artic!#ar act+ the most !s!a# condition in crimina# cases "eing the a%%earance of the acc!sed. a. Recogni<ance ". >or%orate S!ret Dond c. 4ro%ert Dond d. >ash "ond .2. S!ch facts and circ!mstances which wo!#d #ead a reasona"#e and %r!dent man to "e#ie&e that a crime was committed and that the acc!sed is %ro"a"# g!i#t thereof and sho!#d "e he#d for tria#. a. 4rima facie e&idence ". 4ro"a"#e ca!se c. 4re#iminar In&estigation d. >rimina# offense III. a. 4#ease state the warrant#ess arrests !nder R!#es of >o!rt. 2F ". What o! !nderstand a"o!t the in5!isitoria# and acc!satoria# sstem in crimina# %roced!re? 2F c. State the right of the acc!sed at the tria#. )=F CHEATING IS PUNISHABLE BY CLASS ONE OFFENSE-----------PPSC Training and Education Code