TITLE X INSTITUTING CRIMINAL PROSECUTIONS Art. 381. Nature of criminal prosecution A criminal prosecution is brought in the name of the state in a court of criminal jurisdiction, for the purpose of bringing to punishment one who has violated a criminal law. The person injured by the commission of an offense is not a party […]
Art. 382. Methods of instituting criminal prosecutions A. A prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury. Other criminal prosecutions in a district court shall be instituted by indictment or by information. B.(1) A prosecution for violation of an […]
Art. 383. Indictment An indictment is a written accusation of crime made by a grand jury. It must be concurred in by not less than nine of the grand jurors, indorsed "a true bill," and the indorsement must be signed by the foreman. Indictments shall be returned into the district court in open court; but […]
Art. 384. Information An information is a written accusation of crime made by the district attorney or the city prosecutor and signed by him. It must be filed in open court in a court having jurisdiction to try the offense, or in the office of the clerk thereof. Acts 1989, No. 8, §1.
Art. 385. Affidavit An affidavit is a written accusation of crime made under oath and signed by the affiant. It must be filed in open court in a court having jurisdiction to try the offense, or in the office of the clerk thereof.
Art. 386. Institution of prosecution after discharge at preliminary examination; after failure of grand jury to indict Discharge of a defendant after a preliminary examination does not preclude the subsequent filing of an indictment, information, or affidavit against him for the same offense. The failure or refusal of a grand jury to indict a defendant […]
Art. 387. Additional information required when prosecuting certain offenses A. When instituting the prosecution of an offense involving a violation of any state law or local ordinance that prohibits the use of force or a deadly weapon against any family member or household member as those terms are defined by R.S. 14:35.3 or that prohibits […]
