Practice question
After a cybercrime action is instituted, the prosecutor moves in the court that issued the warrant and holds the data for immediate transmittal of the records and items to the criminal-action court. A party argues that the transfer requires no judicial process and may instead be made through an informal private delivery. Which is correct?
- Any private delivery automatically satisfies every requirement.
- The prosecutor has no transfer duty.
- The rule calls for the prescribed motion before the issuing court and transfer of the records, data, items and verified inventory.
- Only a news report can authorize transfer.
- The data must be publicly posted before transfer.
Legal references
- https://oca.judiciary.gov.ph/wp-content/uploads/A.M.-No.-17-11-03-SC.pdf — Rule on Cybercrime Warrants, Section 7.2.
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