News Ticker

Menu

Intervention Of The Offended Party In Criminal Action


Section 16.

GENERAL RULE:
   - Offended party has the right to intervene by counsel in the
     prosecution of the criminal action where the civil action for
     recovery of civil liability is instituted in the criminal action
     pursuant to Rule 111.

     EXCEPTIONS:
        1. Where from the nature of the crime and the law defining and
           punishing it, no civil liability arises in favor of the
           offended party;
        2. Where the offended party has waived the right to civil
           indemnity
        3. Where the offended party has already instituted an action.

Where the offended party withdrew a reservation to file a separate
civil action, the private prosecutor may still intervene in the
prosecution of the criminal case, by conducting the examination of
witnesses under the control of the prosecutor.

   HOWEVER: Once the offended party has filed a separate civil action
   arising from the crime, he may not withdraw such civil case in order
   to intervene in the criminal prosecution. He loses the right to
   intervene. He no longer has any standing in the criminal case, except
   to be a prosecution witness.

Where a criminal action has been provisionally dismissed upon motion
of the prosecutor, can the case be revived upon motion of the offended
party?
   - No, because the offended party or complaining witness cannot act
     for the prosecutor.

When the civil action is instituted together with the criminal action
according to Rule 111, then the offended part may intervene by counsel
in the prosecution of the offense.

“Party” includes not only the government but other persons as well,
such as the complainant who may be affected by the judgment rendered
in the criminal proceedings. [People v. Madali (2001)]

Any move on the part of the complainant or offended party to dismiss
the criminal case, even if without objection of the accused, should
first be referred to the prosecuting fiscal for his own view on the
matter. He controls the prosecution of the case and may have reasons
why the case should not be dismissed. [Republic v. Sunga]







Share This:

Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

No Comment to " Intervention Of The Offended Party In Criminal Action "

Post Any Question Or Correction

  • To add an Emoticons Show Icons
  • To add code Use [pre]code here[/pre]
  • To add an Image Use [img]IMAGE-URL-HERE[/img]
  • To add Youtube video just paste a video link like http://www.youtube.com/watch?v=0x_gnfpL3RM