Practice question
Before judgment it becomes manifest that the wrong offense was charged and the accused cannot be convicted of that charge or any necessarily included offense. The prosecutor proposes lawful substitution. What qualification is indispensable?
- The proper new information and procedure must comply with the protection against double jeopardy
- Substitution always overrides double jeopardy
- The prosecutor can simply rename the conviction after trial
- The original case must remain forever despite the charging mistake
- The accused is automatically guilty of the substitute offense
Legal references
- Rule110 Section14, final paragraph; Rule119 Section19: https://lawphil.net/courts/rules/rc_110-127_crim.html
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