Practice question
The wrong-offense conditions in Rule119 Section19 exist before judgment, with good cause to detain and double-jeopardy protection satisfied. Counsel says the mistaken charge necessarily requires immediate unconditional release rather than commitment to answer the proper offense. Which is correct?
- The section expressly permits the stated commitment pending the proper information
- Every mistake automatically immunizes the accused
- The court must keep the wrong charge forever
- Only a private witness may decide detention
- A caption error always is a final acquittal
Legal references
- Rules110 Section14,111 Sections1–3 and119 Section19: https://lawphil.net/courts/rules/rc_110-127_crim.html
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