Defendant of the Case and Who is the Defendant in a Case

Defendant of the Case

Defendant of the case is referring to the person who had been charged of both crime, offense, and other form of responsibility made by law due to the violation. Might refer to the organization, private individual, companies who violated the law and such violation was filed before the court and the offended party needs justice in such violation.

When John Doe violated for example in crimes against person — the crime was murder. The family of the victim filed a complaint in the law enforcer stage regarding the killing to their love one. The law enforcers after received information from concern citizen about the killing in the area responded and cordoned the area, examine the crime scene the possible happened to reenact the possible circumstances that happened during the course of killing, they preserved successfully the area, they could obtain strong evidence that can pinpoint the creator of the crime especially if hair that had root, blood other than the blood of the victim and excellent for DNA.

After this incident, the law enforcers forwarded the complaint to the prosecution stage and the prosecutor examine if there was corpus delicti evidence if there was really crime happened by testimony of the law enforcer and supporting evidences that can prove that there was crime happened.

If the corpus delicti established, it is necessary and has a reason that the prosecutor need to believe that there was crime happened and examine if there was probable cause that can pinpoint that the allegedly suspected criminal is guilty of this case by evidences made by law enforcer’s stage and was started by offended party or the family of the victim in this case.

Then if the evidence was strong, the prosecutor in its own motion or motu propio will file information to the court regarding this case and the court by its own motion, shall hear the probable cause that established by prosecutor and if the probable cause has capacity to pinpoint the suspected criminal, the court by its own motion shall release warrant of arrest to apprehend the person who allegedly violate the criminal code.

In this case, the warrant of arrest shall maneuver by law enforcers after the release of the warrant of arrest and other authorized bodies to apprehend the violator of law.

The law enforcer shall used Miranda rights during the apprehension as part of the right of the accused, the law enforcers has duty to bring the violator of law before the court. If the violator of law was apprehended by the law enforcers, that person was the defendant of the case to prove the side that he / she is innocent to the complaint that filed by the offended party.

The defendant of the case is not only in this type of crime, it can apply also to the other violation which govern by criminal code and other code except to the municipal ordinances and other light violation.

Who is the Defendant in a Case

Who is the defendant in a case? The defendant in a case is the suspected criminal. When we say suspected criminal, it refers to the people, person who not yet convicted by final judgment by the jury. A person who is possibly violated the law.

It is reasonable that the defendant of the case is a person who possibly violated the law due to if proven, that person was the real creator of the case and the defendant of the case is no longer fit in this notion.