Examination at Trial

Muhammad Fatahillah Akbar

 Outline
• Principles of Examination
• Types of the examination
• Ordinary Examination Procedures
• The stages of examination procedures
• Exception
• Interim Verdict
• Evidentiary
• Prosecution charges
• Pleading
• Decision
• Summary Examination Procedures
• Express Examination Procedures
• Minor offences
• Traffic Violations
 Principles of Examination

• Open to the Public

• The presence of Accused
• Independent
• Judges are prohibited to state the guilt of the
accused during the trial
• The witnesses under the oath
 Types of Examination Procedures
•Ordinary Examination
•Summary Examination
•Express Examination
 Ordinary Examination

• Examines all cases of criminal law, except the

competence of express examination
(Misdemeanours and traffic violations)
• All crimes  Legality principle in formal
definition
• There is no termination  Shall end with a
verdict
 Ordinary Examination Procedures

Reply of
Read out the
pleading pleading
indictment
(replik)

Reply of Reply
Accusation
Objection of Pleading
charges
(duplik)

Interim Verdict evidentiary Decision

Examination Procedures

Read out bill of indictment.

• the judges at trial shall ask the public prosecutor to read out his bill of
indictment.
• The head judge at trial shall then ask the accused whether he has truly
understood, and if in fact he has not understood, the public prosecutor at
the request of the head judge at trial shall be obligated to provide
explanations as necessary.
 Examination Procedures

EXCEPTION/OBJECTION
• In first agenda of the trial after the read-out of indictment
• This is the right of the accused

The lapse of The indictment

Competence
Authority to cannot be
to Adjudicate
Prosecute accepted

Dismissal of all
Null and void
charges
 Explanation
• Competence to Adjudicate
• Absolute Competence – In what court competency is the case shall be
examined= Military Court, or, District Court
• Relative Competency – in what jurisdiction of District Court is shall be
examined.
• The lapse of the authority to prosecute
• Ne bis in idem, Death of the accused, and expiry
• The indictment cannot be accepted
• Subjudice exception
• Error in persona
• Misleading of the structure of the indictment
• Dismissal of all charges
• Not a criminal event
• Null and Void
• Formally
• Date and signature, Accused’s identity, locus and tempus delicti
• Materially
• Time and Place when offense was committed;
• Description of the offense was committed;
• It shall be clear, certain, and completed.
 Interim Verdict
Interim Verdict

EXCEPTION
ACCEPTED REJECTED

Legal Counsel or
Prosecutor
Accused
Challenge to
Challenge to
High Court
High Court

High Court
High Court

ACCEPT REJECT
ACCEPT REJECT
Examination Procedures

Interim Judgement/Interim Verdict

• If the judge declares the objection sustained, the public prosecutor may submit a challenge
with the high court through the district court concerned
• Where a challenge submitted is accepted by a high court, and then the high court shall by
written ruling, invalidate the judgment of the district court and order the competent
district court to continue examine the case.
• If the judge declares the objection rejected,the trial shall be continued. The Accused or the
Legal Counsel may submit a challenge with the high court.
• Where a challenge submitted by an accused or his legal counsel rejected, the case
axamination shall be continued. Or whereas the highcourt sustained the challange, the
highcourt invalidate the district court judgment and order a competent district court to
examine the case. ·
 Charges
(Rekuisitor)
• After the evidentiary process  All legal means of proof, all evidences, all letters have
been examined
• To highlight the connection between Indictment and the facts proven in the examination
• Each element of crimes shall be proven
• The charge shall be included
• Structure:
• Introduction
• Indictment
• Facts examined in the Trial
• Legal Facts
• Legal Analysis
• Closing
• Charges
 Defenses / Pleading

• Counter the charge

• Proven that an element / elements are not fulfilled
• Highlight the excuse or justification, if it exists
• Mention all relevant theories
 The judges’ meeting

• All examination shall be closed first  after charges and pleading

• Hours or days
• Led by the chief of the board
• Started by the youngest to the chief
• The basis are indictment and evidentiary
• The decision made based on majority votes or the most favourable
Examination Procedures

Summary Examination Procedures

• Cases of crimes or misdemeanours, for which the evidence and application of
law is according to the public prosecutor, simple and straightforward;
• Simple : Evidences are sufficiently provided
• Straightforward : the case is clear
• the public prosecutor shall, promptly inform to the accused at trial, verbally,
the offense of which he is accused explaining the time, the place and the
circumstances at the time such offense was committed; this notification shall
be recorded in the minutes of the trial and shall constitute a substitute for a bill
of indictment;
• where the judge considers supplemental examination to be necessary,
supplemental examination shall be held within a period of fourteen days at the
most and if within said time the public prosecutor has not yet been able to
complete the supplemental examination, the judge shall order the case to be
submitted for trial under ordinary procedures;
• the judgment shall not be prepared specially, but shall be recorded in the
minutes of the trial;
Examination Procedures

Express Examination Procedures

1. Procedures for Examination of Minor Offenses--Cases

threatened with a penalty of at most three months
imprisonment or confinement and or a fine of at most
seven thousand five hundred rupiah and minor defamation
as stipulated on Article 315 KUHP

2. Procedures for Examination of Traffic Violation Cases–

the violation of the Law No. 22 of 2009 on Traffics and
Transportation
Examination Procedures

Procedures For Minor Offense

• the investigator, under power of attorney from the public prosecutor, shall, within three
days after completion of the minutes of the examination, present the accused together
with the physical evidence, witnesses, experts and or interpreters before the court.
• the court shall adjudicate at the first and last stage through a single judge, except when
penalty is rendered depriving liberty the accused may lodge an appeal.
• The investigator shall inform the accused in writing of the day, date, hour and place where
he must be present for trial.
• A case under the procedures for examination of minor offenses received must be promptly
tried on that very same trial day.
• A witness under procedures for the examination of minor offenses shall not make an oath
or affirmation except, as the judge may deem necessary.
• Minutes of the examination procedures at trial shall not be prepared except when during
such examination it becomes evident that there are matters which are not In accord with
the minutes of examination prepared by the investigator.
Examination Procedures

Procedures for Examination of Traffic

Violation Cases
• No minutes of examination are required for cases of traffic violations, The investigator shall
inform the accused in writing of the day, date, hour and place where he must be present for trial.
• An accused may, in writing, assign a person to represent him at trial.
• If an accused or his representative is not present at trial, the examination of the case shall
be continued.
• Where a judgment is rendered outside the presence of the accused and the judgment
constitutes a penalty depriving liberty, the accused may lodge a challenge, within seven
days after a judgment has validly been made known to the accused, he may lodge a
challenge at the court that rendered the judgment.
• By that challenge, the judgment outside the presence of the accused shall be vacated.
• the judge shall set a trial day for the re-examination of the case and If the judgment after
the challenge still constitutes a penalty as intended, the accused may lodge an appeal.
The End