Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant · Search warrant Probable cause · Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure · Search of persons Arrest · Detention Right to silence · Miranda warning (U.S.) Grand jury
Criminal prosecution
Statute of limitations · Nolle prosequi Bill of attainder · Ex post facto law Criminal jurisdiction · Extradition Habeas corpus · Bail Inquisitorial system · Adversarial system
Charges and pleas
Arraignment · Information · Indictment Plea · Peremptory plea Nolo contendere (U. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. An arrest warrant is a warrant issued by and on behalf of the state which authorizes the Arrest and detention of an individual A search warrant is a Court order issued by a Judge or Magistrate that authorizes law enforcement to conduct a Search In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct Knock-and-announce, in United States Law of Criminal procedure, is an ancient Common-law principle incorporated into the Fourth Amendment An exigent circumstance, in the American Law of Criminal procedure, allows law enforcement to enter a structure without a warrant, or if they Reasonable suspicion is a legal standard in United States law that a person has been is or is about to be engaged in criminal activity based on specific and articulable facts Search and seizure is a legal procedure used in many civil law and Common law legal systems whereby Police or other authorities and their agents who suspect Police officers in various jurisdictions have power to search members of the public, for example for weapons drugs and stolen property An arrest is the act of depriving a person of his or her liberty usually in relation to the investigation and prevention of crime Detention of suspects is the process of keeping a person who has been Arrested in a police-cell prison or other detention centre before Trial or Sentencing The right to remain silent is a legal protection given to people undergoing police Interrogation or trial. In the United States, the Miranda warning is a Warning given by Police to criminal Suspects in police custody or in a custodial situation before The United States of America —commonly referred to as the In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Criminal procedure refers to the legal process for adjudicating claims that someone has violated Criminal law. A statute of limitations is a Statute in a Common law Legal system that sets forth the maximum period of time after certain events that legal proceedings Nolle prosequi is a Latin legal phrase meaning "do not pursue A bill of attainder (also known as an act or writ of Attainder) is an act of Legislature declaring a person or group of persons guilty of Criminal jurisdiction is a term used in Constitutional law and Public law to describe the power of Courts to hear a case brought by a state accusing Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal Habeas corpus (ˈheɪbiəs ˈkɔɹpəs ( Latin: command that you have the body is the name of a legal action or Writ, through which a person can seek relief Traditionally bail is some form of Property deposited or pledged to a Court in order to persuade it to release a suspect from jail, on the understanding This article is about the inquisitorial system for organizing court proceedings The adversarial system (or adversary system) of law is the system of law generally adopted in Common law countries that relies on the skill of each advocate Arraignment is a Common law term for the formal reading of a criminal Complaint, in the presence of the Defendant, to inform him/her of the charges Information is a formal criminal charge made without a Grand jury Indictment by a Prosecutor in a document called an information. For the Pygmy backswimmer Genus, see Plea (insect. In the Common law, the peremptory pleas ( pleas in bar) are Pleas that set out special reasons for which a trial cannot go ahead la Nolo contendere is a legal term that comes from the Latin for "I will not contend it S. ) · Plea bargain Presentence Investigation
Related areas of law
Criminal defenses Criminal law · Evidence Civil procedure
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Law · Criminal justice

In the common law legal system, an indictment (IPA: /ɪnˈdaɪtmənt/ (in-DITE-mint)) is a formal accusation of having committed a criminal offense. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers A presentence investigation report ( PSI) is a Legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine The term criminal law, sometimes called penal law, refers to any of various bodies of rules in different Jurisdictions whose common characteristic is the potential The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e Civil procedure is the body of law that sets out the process that Courts will follow when hearing cases of a civil nature (a " Civil action " as opposed to Common law refers to law and the corresponding legal system developed through decisions of courts and similar tribunals rather than through legislative statutes or executive In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute instead the concept of an indictable offence, i. In Common law legal systems a felony is a serious Crime, often contrasted with a Misdemeanor. In many Common law Jurisdictions (eg the United Kingdom, Republic of Ireland, Canada, United States, India, e. an offence which requires an indictment.

Traditionally an indictment was handed up by a grand jury, which returned a "true bill" if it found cause to make the charge, or "no bill" if it did not find cause. In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Most common law jurisdictions (except for much of the United States) have abolished grand juries. The United States of America —commonly referred to as the

Australia

In Australia, an indictment is issued by a government official (the Attorney-General, the Director of Public Prosecutions, or one of their subordinates). For a topic outline on this subject see List of basic Australia topics. In most Common law jurisdictions the Attorney General, or Attorney-General, is the main legal advisor to the government and in some jurisdictions may in addition The Director of Public Prosecutions is the officer charged with the prosecution of criminal offences in several Criminal jurisdictions around the world A magistrate then holds a committal hearing, which decides whether the evidence is serious enough to commit the person to trial. A magistrate is a judicial officer In Common law systems a magistrate usually has limited authority to administer and enforce the Law. In law a hearing is a Proceeding before a Court or other decision-making body or officer The Law of evidence governs the use of Testimony (eg oral or written statements such as an Affidavit) and exhibits (e

Brazil

In Brazil an indictment is called denúncia and is issued by the public prosecutor, a member of the Public Ministry. The Ministério Público is the Brazilian body of autonomous Magistrates formed of public Prosecutors working both at the federal and state level In case of less serious offenses, the indictment may be filed by a private party and is called queixa.

England and Wales

In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service on behalf of the Crown, i. England is a Country which is part of the United Kingdom. Its inhabitants account for more than 83% of the total UK population whilst its mainland A private prosecution is a criminal or Provincial offence case initiated by an individual or organization other than the state-funded Prosecutor. The Crown Prosecution Service, or CPS, is a non-ministerial department of the Government of the United Kingdom responsible for public Prosecutions e. the monarch, presently Queen Elizabeth II--who is nominally the plaintiff in all public prosecutions under English law. For the ship see RMS Queen Elizabeth 2 Elizabeth II (Elizabeth Alexandra Mary Context States headed by Elizabeth II A plaintiff ( Π in Legal shorthand) also known as a claimant or complainant, is the party who initiates a Lawsuit English law is the legal system of England and Wales, and is the basis of Common law legal systems used in most Commonwealth countriesand the This is why a public prosecution of a man called Mr. Smith would be referred to as "R v Smith" (short for "Regina against Smith", Regina being Latin for Queen). List of current queens regnant A queen regnant (plural "queens regnant" is qualifying reference to a female Monarch possessing and exercising all of the monarchal

United States

The Fifth Amendment to the Constitution of the United States states in part: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger. . . "

In many (though not all) U.S. jurisdictions retaining the grand jury, prosecutors often have a choice between seeking an indictment from a grand jury, or filing a charging document directly with the court. The United States of America —commonly referred to as the In the Common law, a grand jury is a type of Jury which determines whether there is enough evidence for a trial. Such a document is usually called an information, accusation, or complaint, to distinguish it from a grand jury indictment. Information is a formal criminal charge made without a Grand jury Indictment by a Prosecutor in a document called an information. To protect the suspect's due process rights in felony cases (where the suspect's interest in liberty is at stake), there is usually a preliminary hearing where a judge determines if there is probable cause that the charged crime was committed by the suspect in custody. Due process (more fully due process of law) is the principle that a person has a right to receive notice and be heard in an orderly proceeding in order to protect his or her In United States Criminal law, probable cause refers to the standard by which a Police officer has the right to make an Arrest, conduct If the judge finds such probable cause, he or she will bind or hold over the suspect for trial.

The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of the time, place and manner in which the defendant is alleged to have committed the offense. Each offense is usually set out in a separate count. Some indictments for complex crimes, particularly those involving conspiracy or numerous counts, can run to hundreds of pages, but many indictments, even for crimes as serious as murder, consist of a single sheet of paper. In the Criminal law, a conspiracy is an agreement between Natural persons to break the law at some time in the future and in some cases with at least one overt act Murder is the unlawful killing of another human person with Malice aforethought, as defined in Common Law countries

Indictable offenses are normally tried by jury, unless the accused waives the right to a jury trial. A jury a sworn body of persons convened to render a rational, impartial Verdict (a finding of fact on a question officially submitted to them In common law systems, the accused is not normally entitled to a jury trial if the offense charged does not require an indictment; the main exception here is again the U. S. , where the Sixth Amendment mandates the right of having a jury trial for any criminal offense punishable by imprisonment for more than six months. The Sixth Amendment of the United States Constitution sets forth rights related to criminal prosecutions in federal courts Notwithstanding the existence of the right to jury trial, the vast majority of criminal cases in the U. S. are resolved by the plea bargaining process. A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a Criminal case whereby the Prosecutor offers

Sealed Indictment

An indictment can be sealed so that it stays non-public until it is unsealed. This can be done for a number of reasons. It may be unsealed, for example, once the named person is arrested or has been notified by police.

See also

• Complaint
• Preliminary hearing
• Duplicity (law)

Pakistan