Last Friday, Indonesia enacted its new penal code, replacing colonial-era laws that had governed the country for over a century. The legal reform implements a new national criminal code (KUHP) and a criminal procedures code (KUHAP). The measure shifts Indonesia’s criminal system from a retributive to a restorative model, prioritizing rehabilitation and social reintegration...
NC Criminal Law
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If a case is transferred to another district for prosecution, the prosecutor of the originating district must continue to prosecute the case, unless the prosecutor of the receiving district consents to the prosecution. See G.S. 15A-133(d).
An acquittal under the Double Jeopardy Clause includes a dismissal of a charge for insufficient evidence or an appellate court’s reversal of a conviction for insufficient evidence.
The use of the conjunctive “and” in an indictment charging two theories by which offense may be committed does not require the state to prove both theories.
A court may permit a defendant who moves to withdraw a guilty plea after sentencing to withdraw the plea only when it is necessary to avoid manifest injustice.
Language in an indictment or other criminal pleading that is unnecessary (“surplusage”) does not prohibit the state from proving theories or facts of the charged crime that are different from those alleged in the indictment.
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