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In many common law jurisdictions (e.g. England and Wales, Ireland, Canada, Hong Kong, India, Australia, New Zealand, Malaysia, Singapore), an indictable offence is an offence which can only be tried on an indictment after a preliminary hearing to determine whether there is a prima facie case to answer or by a grand jury (in contrast to a summary offence).
Republic Act No. 386, the Civil Code of the Philippines (1949). Act No. 3815, the Revised Penal Code of the Philippines (1930). The 1987 Constitution of the Republic of the Philippines. Luis B. Reyes, The Revised Penal Code: Criminal Law 20 (1998, 14th ed.). Antonio L. Gregorio, Fundamentals of Criminal Law Review 50-51 (1997).
The Revised Penal Code supplanted the 1870 Spanish Código Penal, which was in force in the Philippines (then an overseas province of the Spanish Empire up to 1898) from 1886 to 1930, after an allegedly uneven implementation in 1877.
An indictment (/ ɪ n ˈ d aɪ t m ən t / [1] in-DYTE-mənt) is a formal accusation that a person has committed a crime.In jurisdictions that use the concept of felonies, the most serious criminal offense is a felony; jurisdictions that do not use that concept often use that of an indictable offence, an offence that requires an indictment.
In Canada, the Criminal Code makes robbery an indictable offence, subject to a maximum penalty of life imprisonment. If the accused uses a restricted or prohibited firearm to commit robbery, there is a mandatory minimum sentence of five years for the first offence, and seven years for subsequent offences.
Both assault with intent to resist arrest/lawful apprehension and escaping from lawful custody are indictable, the former being so by the mode of trial of the offence, the latter is a common law offence and therefore indictable only. Therefore, these offences—whether fully carried out or merely attempted—are citizen's arrestable in themselves.
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Kidnapping is an indictable-only offence. [31] Kidnapping is punishable with imprisonment or fine at the discretion of the court. There is no limit on the fine or the term of imprisonment that may be imposed provided the sentence is not inordinate. [32] [33] [34]