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CRIMINAL PROCEDURE EXAM

Lambda Epsilon Xi DVOREF College of Law


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

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