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Exclusions


Section 3. 

Exclusions In Computation Of Time Within
Which Trial Must Commence:
A. Any period of delay resulting from other proceedings concerning the
   accused, including but not limited to the following:
   1. Delay resulting from an examination of the physical and mental
      condition of the accused;
   2. Delay resulting from proceedings with respect to other criminal
      charges against the accused;
   3. Delay resulting from extraordinary remedies against interlocutory
      orders;
   4. Delay resulting from pre-trial proceedings; provided, that the
      delay does not exceed thirty (30) days;
   5. Delay resulting from orders of inhibition, or proceedings relating
      to change of venue of cases or transfer from other courts;
   6. Delay resulting from a finding of existence of a prejudicial
      question; and
   7. Delay reasonably attributable to any period, not to exceed thirty
      (30) days, during which any proceeding concerning the accused is
      actually under advisement.

B. Any period of delay resulting from the absence or unavailability of
   an essential witness.

C. Any period of delay resulting from the mental incompetence or
   physical inability of the accused to stand trial.

D. If the information is dismissed upon motion of the prosecution and
   thereafter a charge is filed against the accused for the same offense,
   any period of delay from the date the charge was dismissed to the
   date the time limitation would commence to run as to the subsequent
   charge had there been no previous charge.

E. A reasonable period of delay when the accused is joined for
   trial with a co-accused over whom the court has not acquired
   jurisdiction, or, as to whom the time for trial has not run and no
   motion for separate trial has been granted.

F. Any period of delay resulting from a continuance granted by any
   court motu proprio, or on motion of either the accused or his
   counsel, or the prosecution, if the court granted the continuance
   on the basis of its findings set forth in the order that the ends
   of justice served by taking such action outweigh the best interest
   of the public and the accused in a speedy trial.

Absent
   - When the whereabouts are unknown or cannot be determined with
     due diligence.

Unavailable
   - When his whereabouts are known but his presence at the trial cannot
     be obtained with due diligence




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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.

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