An assassination is committed in Darbonne; a dwelling of the 3rd communal section of Léogâne. The local court, commonly known as the peace court, is informed of the situation. The justice of the peace visits the scene to observe and collect information. Rumors are circulating that the main perpetrator of this assassination would be Mr. Jerome. After the report, the magistrate verbalizing a mandate to bring against the person of Mr. Jerome who is apprehended without resistance
Tuesday 25 June 2019 ((rezonodwes.com)) – Since the assassination falls into the category crimes “crime” which does not fall within the jurisdiction of the court of peace; the justice of the peace drew up the minutes and referred the file to the Prosecutor of Petit -Goave with the defendant in a state, as required by article 12 of the IC C. In the record of the justice of the peace, Mr. Jerome is referred as PREVENU.
Thus, according to the Code of Criminal Instruction (CIC) in its articles 10, 11, 13, 28, 29, 31, 32, 36, 47, 75, 116, and 133, an accused person is a person prosecuted for a contravention or offense that is pending judgment or has not yet been finally sentenced. The term “PREVENU” is used in case of crime, at the level of the public prosecutor's office or during the criminal investigation. It is used in matters of contravention and offenses or at the correctional level. In matters of offense or in the criminal court, the investigation or the public inquiry is optional.
The prosecutor's office, in its competence draws up a document called “indictment to inform” through which it informs the cabinet of instruction the offense in question. In this indictment to inform, Mr. Jerome is referred “INCULPE. Thus, according to the CIC, in Articles 7, 8, 30, 78, 81, 94, and 293, an accused person is a person considered to be guilty of a misconduct punishable by law. In this definition, the word “considered” is of major importance because it implies that the accused is not automatically guilty.
The investigating firm, itself, conducts investigations to collect clues and the evidence of witnesses and complainants as well as the evidence of the accused. In the file of the cabinet of instruction, Mr. Jerome takes the epithet of 'MIS IN REVIEW'; which file is transferred to the magistrate instructor who himself analyzes the facts reproached to Jerome. The term “IN REVIEW” is yet to appear in the lexicon of the legal terms of the Haitian legislation. The indictment is made when the investigating firm is convinced that the clues are so serious or so concordant that they make it likely that the individual was able to participate, as an author or as an accomplice, in the commission of a crime. Just like the word “considered”, the word “likely” is also of paramount importance, as it implies that the investigating office is not obliged to verify the facts or statements of the witnesses or complainants or, At this level, the facts need not be “true” to make a decision to refer the case to the investigating magistrate.
The examining magistrate makes his decisions based on the facts alleged against Jerome, but not on the person or reputation of Jerome. The Magistrate Instructor, after analysis of the facts, clues or evidences, will decide the direction of the case through one of the following three categories of order: an order of reference or indictment, an order of criminal irresponsibility (for mental disorder for example) or a non-suit order. Orders terminate the investigation either to have or not to have a trial by a trial court commonly called criminal court. It should be noted that during the indictment phase, Mr. Jerome enjoys the presumption of innocence, because being charged with an offense does not make him a criminal automatically and, according to the CIC, in sections 20 and 21, the accused is innocent until a court of competent jurisdiction finds him guilty.
In making a removal order, the investigating magistrate referred Mr. Jerome, who was indicted not the office of instruction before the criminal court because he or she considers that there exists against Jerome sufficient charges for which he must be judged. By taking an order of non-place, the magistrate instructor does not return Mr. Jerome before any other instance, rather he / she exculpates him because he / she considers that the charges accused to Jerome are insufficient or have no criminal qualifications to deserve to be heard or referred to the criminal court judges. An order of dismissal puts Mr. Jérôme out of cause, which means that Mr. Jerome will be released and illico. Even if it is partial, the order of non-place stops the public action and automatically stays on any civil action. An order of non-suit is different from the order of inadmissibility or the decree of refusal to inform found in civil law.
In the criminal court, Mr. Jerome takes the status of “ACCUSE To be judged. If the facts alleged against him are found beyond reasonable doubt, true, valid or proven by the Government Commissioner or by the plaintiffs' lawyer, Mr. Jérôme will take the status of “COUPABLE” or “CONDAMNE”
In summary, in the case of a crime, the individual is first indexed or involved (These two terms are not part of the instruction, nor are they legal terms, but could be considered as the status of suspect). At the level of the police court, he is an accused, at the prosecutor's office he is an accused, he is indicted at the investigating cabinet and he is an accused in the office of the examining magistrate. It is the latter who has the jurisdiction of the facts to terminate the investigation by accusing or exonerating the individual. In this case in the high city, the legal action begins at the police court of the commune of Leogane, passes before the cabinet of instruction and the magistrate instruction through the parquet floor in Petit-Goâve with the option of result in criminal court if remand or indictment order is made.
PS It may be that details or steps are omitted from this article; feel free to add them in your comments
Dr. Bobb RJJF Rousseau
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