Rights of an Accused

on Saturday, May 7, 2011

RIGHTS OF AN ACCUSED


Before Criminal Prosecution: (before arraignment)

  • Right to due process (Sec. 14(1))
  • Custodial rights (Sec. 12)
  • Right to be informed of his rights
  • Right to remain silent
  • Right to counsel
  • Right to bail (Sec. 13)
  • Right to speedy disposition of his case (Sec. 16)
  • Right of free access to the courts


During Criminal Prosecution: (after arraignment up to promulgation of judgment)

  • Right to presumption of innocence (Sec. 14(2))
  • Right to be heard by himself and counsel (Sec. 14(2))
  • Right to be informed of the nature and cause of accusation against him (Sec. 14(2))
  • Right to have speedy, impartial and public trial (Sec. 14(2))
  • Right to confrontation (Sec. 14(2))
  • Right to have compulsory process to secure attendance of witnesses and production of evidence on his behalf (Sec. 14(2))
  • Right against self-incrimination (Sec. 17)
  • Right against double jeopardy (Sec. 21)
  • 9.Right against ex-post facto law and bill of attainder (Sec. 22)


After Conviction:

  • Right against excessive fines and cruel, degrading or inhuman punishment (Sec. 19)

  • Rights Of Accused During Trial

  • WHAT ARE THE 9 RIGHTS OF AN ACCUSED IN CRIMINAL PROCEEDINGS?
  • The following are the rights accorded the accused:
  • 1. To be presumed innocent until the contrary is proved beyond reasonable doubt.
  • 2. To be informed of the nature and cause of the accusation against him.
  • 3. To be present and defend in person and by counsel at every stage of the proceedings, from arraignment to promulgation of the judgment.
  • 4. To testify as a witness in his own behalf but subject to cross-examination on matters covered by direct examination. His silence shall not in any manner prejudice him.
  • 5. To be exempt from being compelled to be a witness against himself.
  • 6. To confront and cross-examine the witnesses against him at the trial. Either party may utilize as part of its evidence the testimony of a witness who is deceased, out of or can not with due diligence be found in the Philippines, unavailable, or otherwise unable to testify, given in another case or proceeding, judicial or administrative, involving the same parties and subject matter, the adverse party having the opportunity to cross-examine him.
  • 7. To have compulsory process issued to secure the attendance of witnesses and production of other evidence in his behalf.
  • 8. To have speedy, impartial and public trial.
  • 9. To appeal in all cases allowed and in the manner prescribed by law.

IGHTS OF THE ACCUSED IN THE MATTER OF TESTIFYING OR PRODUCING EVIDENCE?

> Before the case is filed in court but after he has been taken into custody or otherwise deprived of his liberty, the accused has the following rights—

1. The right to be informed of the nature and cause of the accusation against him

2. The right to remain silent and to counsel

3. The right not to be subjected to any force, violence, threat, intimidation, or any other means which vitiate free will

4. The right have evidence obtained in violation of these rights rejected

> After the case is filed in court, the accused has the following rights—

1. The right to refuse to be a witness

2. The right not to have any prejudice whatsoever result to him by such refusal

3. The right to testify in his own behalf subject to cross-examination by the prosecution

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