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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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.
In district court, jeopardy attaches once the court begins to hear evidence, which occurs when the first witness is sworn. In superior court, jeopardy attaches once the jury is sworn and impaneled.
If a search warrant validly describes the premises to be searched, a car located on the premises may be searched even though the warrant contains no description of the car. State v. Courtright, 60 N.C. App. 247, 249 (1983).
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.
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).
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