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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When a conviction or sentence imposed in superior court has been set aside on direct review or collateral attack, a judge may not impose a new sentence for the same offense, or for a different offense based on the same conduct, that is more severe. G.S. 15A-1335.
If the defendant (or any defendant in a multi-defendant case) puts on evidence, then state has the right to the first and last closing argument.
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.
The state has a constitutional duty under the due process clause to disclose to the defendant any material evidence that is favorable to the defense for a trial or sentencing hearing. This duty applies in misdemeanor and felony cases.
The state must give notice to the defendant of any expert witnesses that the state reasonably expects to call as a witness at trial.
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