- The act of indicting.
- The condition of being indicted.
- Law. A written statement charging a party with the commission of a crime or other offense, drawn up by a prosecuting attorney and found and presented by a grand jury.
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noun
For more information on indictment, visit Britannica.com.
A written accusation charging that an individual named therein has committed an act or omitted to do something that is punishable by law.
An indictment is found and presented by a grand jury legally convened and sworn. It originates with a prosecutor and is issued by the grand jury against an individual who is charged with a crime. Before such individual may be convicted, the charge must be proved at trial beyond a reasonable doubt.
The purpose of an indictment is to inform an accused individual of the charge against him or her so that the person will be able to prepare a defense.
A formal accusation of a crime, presented to the accused party after the charges have been considered by a grand jury.
I do not know the method of drawing up an indictment against a whole people.
— Edmund Burke (1729-1797), British statesman.
| Criminal procedure |
|---|
| Investigating and charging crimes |
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock-and-announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Grand jury |
| Criminal prosecution |
| Statute of limitations · Nolle prosequi |
| Bill of attainder · Ex post facto law |
| Criminal jurisdiction · Extradition |
| Habeas corpus · Bail |
| Inquisitorial system · Adversarial system |
| Charges and pleas |
| Arraignment · Indictment |
| Plea · Peremptory plea |
| Nolo contendere (U.S.) · Plea bargain |
| Presentence Investigation |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals |
| Law · Criminal justice |
In the common law legal system, an indictment (IPA: /ɨnˈdaɪtmənt/) is a formal accusation of having committed a criminal offense. In those jurisdictions which retain the concept of a felony, the serious criminal offense would be a felony; those jurisdictions which have abolished the concept of a felony often substitute instead the concept of an indictable offence, i.e. an offence which requires an indictment.
Traditionally an indictment was handed up by a grand jury, which returned a "true bill" if it found cause to make the charge, or "no bill" if it did not find cause. Most common law jurisdictions (except for much of the United States) have abolished grand juries.
In Australia, an indictment is issued by a government official (the Attorney-General, the Director of Public Prosecutions, or one of their subordinates). A magistrate then holds a committal hearing, which decides whether the evidence is serious enough to commit the person to trial.
In England and Wales (except in private prosecutions by individuals) an indictment is issued by the public prosecutor (in most cases this will be the Crown Prosecution Service on behalf of the Crown, i.e. the monarch, presently Queen Elizabeth II--who is nominally the plaintiff in all public prosecutions under English law. This is why a public prosecution of a man called Mr. Smith would be referred to as "R v Smith" (short for "Regina against Smith", Regina being Latin for Queen), and is therefore why the Monarch cannot be brought before a court as a defendant (as (s)he would have to defend against themself). This 'exemption' does not apply to other members of the Royal Family.
In many (though not all)
The substance of an indictment or other charging instrument is usually the same, regardless of the jurisdiction: it consists of a short and plain statement of the time, place and manner in which the defendant is alleged to have committed the offense. Each offense is usually set out in a separate count. Some indictments for complex crimes, particularly those involving conspiracy or numerous counts, can run to hundreds of pages, but many indictments, even for crimes as serious as murder, consist of a single sheet of paper.
Indictable offenses are normally tried by jury, unless the accused waives the right to a jury trial. In common law systems, the accused is not normally entitled to a jury trial if the offense charged does not require an indictment; the main exception here is again the U.S., where the Sixth Amendment mandates the right of having a jury trial for any criminal offense punishable by imprisonment for more than six months. Notwithstanding the existence of the right to jury trial, the vast majority of criminal cases in the U.S. are resolved by the plea bargaining process.
An indictment can be sealed so that it stays non-public until it is unsealed. This can be done for a number of reasons. It may be unsealed, for example, once the named person is arrested or has been notified by police.
This entry is from Wikipedia, the leading user-contributed encyclopedia. It may not have been reviewed by professional editors (see full disclaimer)
Dansk (Danish)
n. - anklage, tiltale
Nederlands (Dutch)
aanklacht, beschuldiging
Français (French)
n. - accusation, inculpation, incrimination, acte d'accusation
Deutsch (German)
n. - Anklage, Anklageerhebung
Ελληνική (Greek)
n. - (νομ.) κατηγορία, παραπομπή σε δίκη, μήνυση, έγκληση, καταγγελία
Português (Portuguese)
n. - indiciação (f)
Русский (Russian)
обвинительный акт, предъявление обвинения
Español (Spanish)
n. - procesamiento, sumario, acusación
Svenska (Swedish)
n. - åtal, anklagelse
中文(简体) (Chinese (Simplified))
起诉, 起诉状, 控告
中文(繁體) (Chinese (Traditional))
n. - 起訴, 起訴狀, 控告
日本語 (Japanese)
n. - 起訴, 告発, 非難, 起訴状
العربيه (Arabic)
(الاسم) تهمه
עברית (Hebrew)
n. - האשמה, כתב אישום, עדות לאשמה, תהליך ההרשעה במשפט
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