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you are here: > Asia Union Judicial Code
> Article 75
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13. General
principles of Criminal Arraignment
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| Article 75-The report of indictment | ||
| 75.1 | The report of indictment | |
| An indictment, information, complaint, or other charging instrument or a related document in a criminal case may be filed in electronic form with a judge or clerk of the court authorized to receive the document. | ||
| A judge or clerk of the court is authorized to receive for filing purposes an information, indictment, complaint, or other charging instrument or a related document in electronic form if: | ||
| (1) the document complies with the requirements that would apply if the document were filed in hard-copy form; (2) the clerk of the court has the means to electronically store the document for the statutory period of record retention; (3) the judge or clerk of the court is able to reproduce the document in hard-copy form on demand; and (4) the clerk of the court is able to display or otherwise make the document available in electronic form to the public at no charge. (c) The person filing the document and the person receiving the document must complete the electronic filing as provided by the Code. (d) Notwithstanding, an indictment, information, complaint, or other charging instrument or a related document transmitted in electronic form is exempt from a requirement under this code that the pleading be endorsed by a natural person. The requirement of an oath under this code is satisfied if: (1) all or part of the document was sworn to; and (2) the electronic form states which parts of the document were sworn to and the name of the officer administering the oath. |
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| 75.2 | Requisites of an indictment | |
| An indictment shall be deemed sufficient if it has the following requisites: | ||
| 1. It shall commence, "In the name and by authority of the region, state or Asia Union ". 2. It must appear that the same was presented in the district court of the region in which the charges were originally filed. 3. It must contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him. 4. It must show that the place where the offense was committed is within the jurisdiction of the court in which the indictment is presented. 5. The time mentioned must be some date anterior to the presentment of the indictment, and not so remote that the prosecution of the offense is barred by limitation. 6. The offense must be set forth in plain and intelligible words. 7. The indictment must conclude, "Against the peace and dignity of the State". 8. It shall be signed officially by the foreman of the court. |
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| 75.3 | What should be stated | |
| Everything should be stated in an indictment which is necessary to be proved. | ||
| 75.4 | The certainty required | |
| The certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it in bar of any prosecution for the same offense. | ||
| 75.5 | Allegation of name | |
| In alleging the name of the defendant, or of any other person necessary to be stated in the indictment, it shall be sufficient to state one or more of the initials of the given name and the surname. When a person is known by two or more names, it shall be sufficient to state either name. When the name of the person is unknown to the grand jury, that fact shall be stated, and if it be the accused, a reasonably accurate description of him shall be given in the indictment. | ||
| 75.6 | Allegation of ownership | |
| Where one person owns the property, and another person has the possession of the same, the ownership thereof may be alleged to be in either. Where property is owned in common, or jointly, by two or more persons, the ownership may be alleged to be in all or either of them. When the property belongs to the estate of a deceased person, the ownership may be alleged to be in the executor, administrator or heirs of such deceased person, or in any one of such heirs. Where the ownership of the property is unknown to the grand jury, it shall be sufficient to allege that fact. | ||
| 75.7 | Description of property | |
| If known, personal property alleged in an indictment shall be identified by name, kind, number, and ownership. When such is unknown, that fact shall be stated, and a general classification, describing and identifying the property as near as may be, shall suffice. If the property be real estate, its general locality in the county, and the name of the owner, occupant or claimant thereof, shall be a sufficient description of the same. | ||
| 75.8 | Certainty- what sufficient | |
| An indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know what is meant, and with that degree of certainty that will give the defendant notice of the particular offense with which he is charged, and enable the court, on conviction, to pronounce the proper judgment; and in no case are the words "force and arms" or "contrary to the form of the statute" necessary. | ||
| 75.9 | Special and general terms | |
| When a statute defining any offense uses special or particular terms, indictment on it may use the general term which, in common language, embraces the special term. To charge an unlawful sale, it is necessary to name the purchaser. | ||
| 75.10 | Act with intent to commit offense | |
| An indictment for an act done with intent to commit some other offense may charge in general terms the commission of such act with intent to commit such other offense. | ||
| 75.11 | Perjury and aggrevated perjury | |
| An indictment for perjury or aggravated perjury need not charge the precise language of the false statement, but may state the substance of the same, and no such indictment shall be held insufficient on account of any variance which does not affect the subject matter or general import of such false statement; and it is not necessary in such indictment to set forth the pleadings, records or proceeding with which the false statement is connected, nor the commission or authority of the court or person before whom the false statement was made; but it is sufficient to state the name of the court or public servant by whom the oath was administered with the allegation of the falsity of the matter on which the perjury or aggravated perjury is assigned. If an individual is charged with aggravated perjury before a grand jury, the indictment may not be entered by the grand jury before which the false statement was alleged to have been made. |
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| 75.12 | Must allege recklessness | |
| Whenever recklessness or criminal negligence enters into or is a part or element of any offense, or it is charged that the accused acted recklessly or with criminal negligence in the commission of an offense, the complaint, information, or indictment in order to be sufficient in any such case must allege, with reasonable certainty, the act or acts relied upon to constitute recklessness or criminal negligence, and in no event shall it be sufficient to allege merely that the accused, in committing the offense, acted recklessly or with criminal negligence. | ||
| 75.13 | Form of indictment | |
| The following form of indictments is sufficient: "In the name and by authority of the region,state Asia Union: duly organized at the ............ term, A.D. ............, of the district court of said region/state/Asia Union, in said court at said term, do present that ............ (defendant) on the .......... day of ............ A.D. ............, in said county and State, did ............ (description of offense) against the peace and dignity of the State. ............,Officer of the Court." |
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| 75.14 | References to criminal statutes | |
| Words used in a statute to define an offense need not be strictly pursued in the indictment; it is sufficient to use other words conveying the same meaning, or which include the sense of the statutory words. | ||
| 75.15 | Defects of form | |
| An indictment shall not be held insufficient, nor shall the trial, judgment or other proceedings thereon be affected, by reason of any defect of form which does not prejudice the substantial rights of the defendant. | ||
| 75.16 | Indictment form | |
| An "information" is a written statement filed and presented in behalf of the State by the district or county attorney, charging the defendant with an offense which may by law be so prosecuted. | ||
| An information is sufficient if it has the following requisites: 1. It shall commence, "In the name and by authority of the region, state or Asia Union "; 2. That it appear to have been presented in a court having jurisdiction of the offense set forth; 3. That it appear to have been presented by the proper officer; 4. That it contain the name of the accused, or state that his name is unknown and give a reasonably accurate description of him; 5. It must appear that the place where the offense is charged to have been committed is within the jurisdiction of the court where the information is filed; 6. That the time mentioned be some date anterior to the filing of the information, and that the offense does not appear to be barred by limitation; 7. That the offense be set forth in plain and intelligible words; 8. That it conclude, "Against the peace and dignity of the State"; and 9. It must be signed by the district or county attorney, officially. |
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| 75.17 | Information based upon complaint | |
| No information shall be presented until affidavit has been made by some credible person charging the defendant with an offense. The affidavit shall be filed with the information. It may be sworn to before the district or county attorney who, for that purpose, shall have power to administer the oath, or it may be made before any officer authorized by law to administer oaths. | ||
| 75.18 | Joining of more than one offence in an indictment | |
| Two or more offenses may be joined in a single indictment, information, or complaint, with each offense stated in a separate count, if the offenses arise out of the same criminal episode, as defined in the Criminal Code. A count may contain as many separate paragraphs charging the same offense as necessary, but no paragraph may charge more than one offense. A count is sufficient if any one of its paragraphs is sufficient. An indictment, information, or complaint is sufficient if any one of its counts is sufficient. |
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| 75.19 | Indictment lost, destroyed | |
| When an indictment or information has been lost, mislaid, mutilated or obliterated, the district or county attorney may suggest the fact to the court; and the same shall be entered upon the minutes of the court. In such case, another indictment or information may be substituted, upon the written statement of such attorney that it is substantially the same as that which has been lost, mislaid, mutilated, or obliterated. Or another indictment may be presented, as in the first instance; and in such case, the period for the commencement of the prosecution shall be dated from the time of making such entry. | ||
| 75.20 | Name as stated in indictment | |
| When the defendant is arraigned, his name, as stated in the indictment, shall be distinctly called; and unless he suggest by himself or counsel that he is not indicted by his true name, it shall be taken that his name is truly set forth, and he shall not thereafter be allowed to deny the same by way of defense. | ||
| 75.21 | If defendant suggests different name | |
| f the defendant, or his counsel for him, suggests that he bears some name different from that stated in the indictment, the same shall be noted upon the minutes of the court, the indictment corrected by inserting therein the name of the defendant as suggested by himself or his counsel for him, the style of the case changed so as to give his true name, and the cause proceed as if the true name had been first recited in the indictment. | ||
| 75.22 | If accused refuses to give real name | |
| If the defendant alleges that he is not indicted by his true name, and refuses to say what his real name is, the cause shall proceed as if the name stated in the indictment were true; and the defendant shall not be allowed to contradict the same by way of defense. | ||
| 75.23 | Where name is unknown | |
| A defendant described as a person whose name is unknown may have the indictment so corrected as to give therein his true name. | ||
| 75.24 | Indictment read | |
| The name of the accused having been called, if no suggestion, such as is spoken of in the four preceding Articles, be made, or being made is disposed of as before directed, the indictment shall be read, and the defendant asked whether he is guilty or not, as therein charged. | ||
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