Title:

Liberian code of laws revised, Volume I, Title 2: Criminal Procedure Law/ adopted by the Legislature of the Republic of Liberia. Published under authority of the Legislature of Liberia and President William R. Tolbert, Jr., 1973-1979

Collection:

Liberian Law Collection

Creator:

Liberia

Subject:

Liberian Law Collection

Extent:

184 300dpi JPEG page images

Publisher:

Cornell University Press

Publication Place:

Ithaca, New York

Format:

Book

Rights:

The content in the Cornell University Law Library Liberian Law Collection is believed to be in the public domain by virtue of date of publication as well as status under Liberian Law, and is presented by Cornell University Library under the Guidelines for Using Text, Images, Audio, and Video from Cornell University Library Collections. Items in the collection were digitized in two phases, beginning in 2005 and completed in 2014, from the Cornell University Law Library Liberian Law Collection. For more information about these volumes, please contact the Law Library at lawref@cornell.edu. Responsibility for making an independent legal assessment of an item and securing any necessary permissions ultimately rests with persons desiring to use the item.

Acts and Resolutions

• Liberian Code of Laws Revised
• Prepared for the Republic of Liberia by the Liberian Codification Project Cornell University under Direction of Milton R. Konvitz
• Liberian Code of Laws Revised Adopted by the Legislature of the Republic of Liberia
• Contents
• Complete List of Titles
• Abreviations and Explanations
  • Preface
  • Foreword
  • Introduction
  • Senate
  • House of Representatives
• The Law Validating Volume 1 of the Law of Liberian Code Revised
• Title 2 Criminal Procedure Law Table of Contents
• Part 1 Introductory
• Chapter 1. Preliminary Provisions
  • 1.1 Scope of this title
  • 1.2 Purpose and construction
  • 1.3 Harmless error
  • 1.4 Clerical mistakes
  • 1.5 Definitions
  • 1.6 Time
  • 1.7 Form of papers
  • 1.8 Filing
  • 1.9 Service of pepers
  • 1.10 Motions
  • 1.11 Security to keep the peace
  • 1.12 Employment of interpreter
  • 1.13 Application of this title to proceedings commenced before and after its effective date
• Chapter 2. Rights of defendent
  • 2.1 Defendent presumed innocent; reasinable doubt requires acquittal
  • 2.2 Adequate legal representation of accused persons
  • 2.3 Cautions to be given accused on interrogations
  • 2.4 Presence of the defendent
  • 2.5 Privileges and duties of accused persons
  • 2.6 Reference at trial to exercise privileges
• Chapter 3. Double Jeopardy
  • 3.1 Cases in which and time when jeopadry attaches
  • 3.2 Effect on further prosecutions of an acquittal or other discharge on the merits, and of a conviction
  • 3.3 Limitations on convictions for multiple offenses charged in a single prosecution when same conduct constitutes more than one ofense
• Chapter 4. Time Limitations
  • 4.1 Capital offenses
  • 4.2 Noncapital offenses
  • 4.3 Fraud; breach of fiduciary obligation
  • 4.4 Misconduct by public official or employee
  • 4.5 Computation of period
  • 4.6 When offense is committed
  • 4.7 When prosecution is commenced
  • 4.8 When the period does not run
  • 4.9 Lesser offenses
• Chapter 5. Venue
  • 5.1 Venue of criminal proceedings generally
  • 5.2 Offenses committed in one country where perons committing offenses or accessories were in another
  • 5.3 Offenses committed partly in one and partly in another country
  • 5.4 Offenses committed on or near county boundaries
  • 5.5 Offenses committed on a vessel while in transit
  • 5.6 Offenses committed on railroad trains, omnibuses, or other common carriers, and on aircraft while in transit
  • 5.7 Change of place of prosecution
  • 5.8 Transfer of proceedings to county of arrest upon request of defendent desiring to plead guilty
• Chapter 6. Determination of defendent's present mental competentcy
  • 6.1 Mental disease or defect excluding fitness to proceed
  • 6.2 Psychiatric examination of defendent
  • 6.3 Determination by court; resumption of proceedings
  • 6.4 Determination of legal objection when defendent is unfit to proceed
• Chapter 7. Investigation of suspicious deaths
  • 7.1 Report of certain deaths to coroner
  • 7.2 Duties of coroner; formal inquest
  • 7.3 Authority to secure assistance of medical practioner
  • 7.4 Authority to perform autopsy; witnesses
  • 7.5 Report to prosecuting attorney and magistrate or justice of peace
  • 7.6 Exhumation
  • 7.7 Property of the deceased
• Chapter 8. Extradition
  • 8.1 Definitions
  • 8.2 Applicability of chapter
  • 8.3 Extraditable offenses, when recognized
  • 8.4 Guilt or innocence of fugitive not an issue; exceptions
  • 8.5 Requisition for surrender of fugitive
  • 8.6 Arrest of fugitive upon or prior to requisition
  • 8.7 Preliminary extradition hearing
  • 8.8 Scope of extradition hearing; powers of court upon finding that fugitive is extraditable
  • 8.9 Writ of habeas corpus application to review comittal; time limitation
  • 8.10 Surrender of futive
  • 8.11 Maximun period of detention under certificate of comittal
  • 8.12 Waiver of extratition proceedings
• Part II Procedure in criminal actions
• Chapter 10. Arrest, summons, and notice to appear
  • 10.1 Definitions
  • 10.2 Authority of peace officers and other government officials to make arrests
  • 10.3 Method of making arrest; permissible in effecting it
  • 10.4 Time when and territorial limits within which an arrest may be made
  • 10.5 Assistance may be summoned by peace officer making arrest
  • 10.6 Issuance of warrant of arrest upon complaint or indictment
  • 10.7 Warrant; contents
  • 10.8 Procedure on execution of warrant of arrest and return thereon
  • 10.9 Unexecuted warrants; disposition
  • 10.10 Procedure on arrest by officer without warrant
  • 10.11 Appearance before court upon arrest with or without warrant
  • 10.12 Issuance of summons in lieu of warrant of arrest; procedure of failure to appear
  • 10.13 Summons; contents
  • 10.14 Summons; manner of service and return thereon
  • 10.15 Issuance of service of notice to appear in lieu of an arrest; procedure on failure to appear
  • 10.16 Notice to appear; contents
  • 10.17 Officer's return on notice to appear and filing of complaint thereon
  • 10.18 Process against corporations for offenses committed by them; procedure upon default
  • 10.19 Procedure upon neglect or refusal to issue warrant or summons
• Chapter 11 Search and seisure
  • 11.1 Authority to issue warrant
  • 11.2 Property subject to search and seisure
  • 11.3 Issuance and contents of warrant
  • 11.4 Procedure upon neglect or refusal to issue warrant
  • 11.5 When warrant may be executed and method of gaining entrance
  • 11.6 Execution and return of warrant with inventory
  • 11.7 Filing of papers upon which warrants issue and returns thereon
  • 11.8 Secrecy attending issuance of warrants
  • 11.9 Disposition of property lawfully seized
  • 11.10 Motion for return of property and to suppress evidence
• Chapter 12. Preliminary Examination
  • 12.1 First appearance before a magistrate or justice of the peace
  • 12.2 Preliminary examination given on request only
  • 12.3 Examination of evidence
  • 12.4 Transmission of papers to tCircuit Court
• Chapter 13 Bail
  • 13.1 Right to bail
  • 13.2 Amount of bail
  • 13.3 Form of bail; deposit of property
  • 13.4 Approval of bond; justification of sureties
  • 13.5 Release of defendent without bail
  • 13.6 Conditions and effect of bail bond; bail in case of increased charge on indictment
  • 13.7 Increase or reduction of bail
  • 13.8 Arrest of principle by surety
  • 13.9 Summons or arrest by court
  • 13.10 Forfeiture
  • 13.11 Satisfaction of bond; return of deposit
  • 13.12 Bail for witnesses
  • 13.13 Supervision of persons detained pending criminal proceedings
• Chapter 14. Charging an offense
  • 14.1 Method of prosecution
  • 14.2 Use of complaint and indictment
  • 14.3 Form of indictment
  • 14.4 Form of complaint
  • 14.5 Bill of particulars
  • 14.6 Joinder
  • 14.7 Amendments
  • 14.8 Names of witnesses on indictment
• Chapter 15. Grand jury
  • 15.1 Formation of grand jury; concurrence required for indictment
  • 15.2 Duties of grand jury
  • 15.3 Qualifications of grand jurers
  • 15.4 Session
  • 15.5 Special grand jury
  • 15.6 Objections to grand jury
  • 15.7 Oath and charge; appointment of foreman
  • 15.8 Procedure after charge
  • 15.9 Who may be present during sessions of grand jury
  • 15.10 Duty of prosecuting attorney
  • 15.11 Sufficiency of evidence
  • 15.12 Return of indictment or report to court
  • 15.13 Effect of "not true" bill
  • 15.14 Secrecy of proceedings
• Chapter 16. Arraignment, pleas, and pretrial motions
  • 16.1 Furnishing copy of indictment to person charged
  • 16.2 Arraignment
  • 16.3 Irregularity of arraignment
  • 16.4 Pleas
  • 16.5 Arraignment, judgment, and sentence after plea of guilty
  • 16.6 Demurrers, pleas in abatement, and motion to quash abolished
  • 16.7 Motion to dismiss raising defenses and objections before trial
  • 16.8 Procedure by defendent on arraignment
  • 16.9 Trial together of indictments
  • 16.10 Relief from prejudicial joinder
• Chapter 17. Other procedures preliminary to trial
  • 17.1 Depositions
  • 17.2 Pretrial examination of books and records
  • 17.3 Subpeonas
  • 17.4 Names and addresses of prosecution witnesses to be furnished; exceptions
• Chapter 18. Dismissal of prosecution
  • 18.1 Dismissal by prosecuting attorney
  • 18.2 Dismissal by court for failure to proceed with prosecution
  • 18.3 Effect of dismissal
• Chapter 19. The trial jury
  • 19.1 Number of jurors; qualifications; alternates
  • 19.2 Selection and summoning of jurors; voir dire
  • 19.3 Challenges
  • 19.4 Oath of jurors
  • 19.5 Conduct and maintenance of the jury during trial
• Chapter 20. Conduct of the trial
  • 20.1 Right to trial by jury
  • 20.2 Waiver of trial by jury
  • 20.3 Determination of issues of fact when jury is waived
  • 20.4 Order of trial
  • 20.5 Official stenographic reporter
  • 20.6 Exceptions
  • 20.7 Summary of evidence y the judge
  • 20.8 Instructions to the jury
  • 20.9 Disability of the judge
  • 20.10 Motion for judgment of acquittal
  • 20.11 Verdicts
• Chapter 21. Evidence
  • 21.1 Rules of evidence applicable in criminal proceedings
  • 21.2 Limitations on evidence of conviction of crime as affecting credibility
  • 21.3 Self-incrimination; privilege and exceptions
  • 21.4 Admissions, statements and confessions made by defendent to government officers; prerequisites for admission in evidence
• Chapter 22. Post-Trial motions
  • 22.1 Motion for a new trial
  • 22.2 Motion in arrest of judgment
  • 22.3 Motion to withdraw a plea of guilty
• Chapter 23. Judgments
  • 23.1 Definition of judgment and sentence
  • 23.2 Time of judgment and sentencing
  • 23.3 Procedure on judgment and sentencing
  • 23.4 Form of judgment; filing
  • 23.5 Power of court to modify
  • 23.6 Motion to vacate or correct illegal sentence
• Chapter 24. Appeals from the Circuit Courts
  • 24.1 Provisions applicable to review of criminal cases tried in Circuit Courts
  • 24.2 Right of appeal by defendent
  • 24.3 Right of appeal by the Republic
  • 24.4 Designation of parties; title of case
  • 24.5 Joint or several appeals
  • 24.6 Stay of enforcement of judgment
  • 24.7 Requirements for completion of appeal
  • 24.8 Time and manner of taking appeal
  • 24.9 Filing of bill of exceptions; notice of completion of appeal
  • 24.10 Tolling of time for acts required to complete appeal
  • 24.11 Record on appeal
  • 24.12 Correction or modification of record
  • 24.13 Order to inspect papers and exhibits
  • 24.14 Scheduling appeal for argument
  • 24.15 Briefs
  • 24.16 Supervision of appeal in appellate court
  • 24.17 Dismissal of appeal for failure to proceed
  • 24.18 Extent of review
  • 24.19 Judgment of the apellate court
  • 24.20 Entry of order; remittitur
• Chapter 25. Pardons, reprieves and commutations
  • 25.1 Power of president; recommendations by board of parole
  • 25.2 Form of applications
  • 25.3 Referral to board of parole; hearings
  • 25.4 Recommendations of the board of parole
  • 25.5 Conditional pardons
  • 25.6 Effect of pardon
  • 25.7 Interim provisions
• Chapter 26. Procedure in inferior courts
  • 26.1 Application of provisions of other chapters
  • 26.2 Furnishing copy of complaint
  • 26.3 Record of plea and issues of law
  • 26.4 Trial of issue of mental disease or defect
  • 26.5 Charge of higher crime in course of trial
  • 26.6 Appeals from courts of magistrates or justices of the peace
• Part III Disposition of offenders
• Chapter 31. Sentencing
  • 31.1 Authorized dispositions of natural persons
  • 31.2 Authorized dispositions of corporations and unincorporated associations
  • 31.3 Indefinite sentences for certain felonies
  • 31.4 Institution to which defendent committed
  • 31.5 Presentence investigation and report
  • 31.6 Multiple sentences
• Chapter 32. Fines
  • 32.1 Imprisonment in default of payment of fine
• Chapter 33. Suspension of sentence; probation
  • 33.1 Criteria for witholding sentence of imprisonment and for placing the defendent on probation
  • 33.2 Conditions of suspension or probation
  • 33.3 Period of suspension or probation; discharge
  • 33.4 Prodecure on revocation of suspension or probation
  • 33.5 Removal of disqualification or disability based on conviction
  • 33.6 Sentence of suspension or probation as final judgment
  • 33.7 Effect of suspended sentence or sentence to probation for purpose of sentencing to subsequent crime
• Chapter 34. Imprisonment
  • 34.1 Types of institutions to be maintained
  • 34.2 Segregation of persons committed to correctional institutions
  • 34.3 Transfer of persons committed to correctional institutions
  • 34.4 Time of commencement of sentence; credit for prior imprisonment
  • 34.5 Records of prisoners
  • 34.6 Program of rehabilitation
  • 34.7 Care of prisoner's property
  • 34.8 Medical and dental care
  • 34.9 Clothing
  • 34.10 Food
  • 34.11 Accommodations
  • 34.12 Excercise
  • 34.13 Visitors; communication with prisoners
  • 34.14 Labor by prisoners
  • 34.15 Information to prisoners
  • 34.16 Complaints by prisoners
  • 34.17 Notification of death, illness, transfer
  • 34.18 Discipline and control
  • 34.19 Reduction of term for good behavior
  • 34.20 Leaves from prison
  • 34.21 Bringing up prisoner to testify
  • 34.22 Care of prisoner on release
  • 34.23 Detention of prisoner beyond termination of sentence because of mental disease or defect
• Chapter 35. Parole
  • 35.1 Release on parole; parole term
  • 35.2 Parole eligibility and hearing
  • 35.3 Parole plan
  • 35.4 Decision on release on parole; date
  • 35.5 Criteria for determining date of release from prison on parole
  • 35.6 Data to be considered in determining parole release
  • 35.7 Conditions of parole
  • 35.8 Sanctions less than revocation for violation of conditions of parole
  • 35.9 Arrest or notice to appear on violation
  • 35.10 Hearing to determine revocation of parole
  • 35.11 Effect of conviction of crime while on parole
  • 35.12 Tolling of parole term
  • 35.13 Eligibility for discharge from parole; time of mandatory discharge
  • 35.14 Reduction of parole term for good behaviour
  • 35.15 Finality of determination bt board of parole
• Chapter 36. Death Penalty
  • 36.1 Execution of death sentence
• Part IV Division of Correction
• Chapter 41. Organization of Division of Correction
  • 41.1 Creation and responsibilities
  • 41.2 Director of Correction; Assistant Director
  • 41.3 Organiztion of Division of Correction
  • 41.4 Employees subject to civil service
  • 41.5 Bond required of wardens
• Chapter 42. Bureau of Correctional Institutions
  • 42.1 Function and supervision
  • 42.2 Personnel
  • 42.3 Powers and duties of wardens and other administrative heads
  • 42.4 Visitation and inspection of correctional institutions
• Chapter 43. Bureau of Probation and Parole
  • 43.1 Function and organization
  • 43.2 Powers and duties of the Probation and Parole Administration
  • 43.3 Duties and organizations of the staff
• Chapter 44. Board of parole
  • 44.1 Appointment; qualifications
  • 44.2 Tenure
  • 44.3 Powers and duties
• INDEX Criminal Procedure Law