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This article does not cite any references or sources. Please help improve this article by adding citations to reliable sources. Unverifiable material may be challenged and removed. (June 2007) For the television film, see Indictment: The McMartin Trial. For the year in a 15-year cycle, see Indiction. Criminal procedure Investigating charging crimes Criminal investigation Arrest warrant Search warrant Probable cause Knock-and-announce Exigent circumstance Reasonable suspicion Search and seizure Search of persons Arrest · Detention Right to silence Miranda warning Grand jury Criminal prosecution Statute of limitations Nolle prosequi Bill of attainder Ex post facto law Criminal jurisdiction Extradition Habeas corpus · Bail Inquisitorial system Adversarial system Charges and pleas Arraignment · Information Indictment Plea · Peremptory plea Nolo contendere Plea bargain Presentence Investigation Related areas Criminal defenses Criminal law · Evidence Civil procedure Portals Law · Criminal justice v • d • e In the common law legal system, an indictment (IPA: /?n'da?tm?nt/ (in-DITE-ment)) is a formal accusation that a person has committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute the concept of an indictable offence, i.e. an offence which requires an indictment. Traditionally an indictment was handed up by a grand jury, which returned a "true bill" if Australia In Australia, an indictment is issued by a government official (the Attorney-General, the Director of Public Prosecutions, or one of their subordinates). A magistrate then holds a committal hearing, which decides whether the evidence is serious enough to commit the person to trial. Brazil In Brazil an indictment (called denúncia) is issued by the public prosecutor, a member of the Public Ministry, and it is the document that starts the criminal prosecution. In the case of some offenses (like rape, for instance), the indictment is filed by the victim (represented by a lawyer), and it is called queixa-crime. England and Wales In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service) on behalf of the Crown, i.e. the monarch, presently Queen Elizabeth II--who is nominally the plaintiff in all public prosecutions under English law. This is why a public prosecution of a man called Mr. Smith would be referred to in writing as | ||||
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