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35-34-1-1. Commencement of prosecution; filing; sealing; violation

IN Code § 35-34-1-1 (2019) (N/A)
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Sec. 1. (a) All prosecutions of crimes shall be brought in the name of the state of Indiana. Any crime may be charged by indictment or information.

(b) Except as provided in IC 12-15-23-6(d), all prosecutions of crimes shall be instituted by the filing of an information or indictment by the prosecuting attorney, in a court with jurisdiction over the crime charged.

(c) Whenever an indictment or information is filed, the clerk of the court shall:

(1) mark the date of filing on the instrument;

(2) record it in a record book; and

(3) upon request, make a copy of it available to the defendant or his attorney.

(d) The court, upon motion of the prosecuting attorney, may order that the indictment or information be sealed. If a court has sealed an indictment or information, no person may disclose the fact that an indictment or information is in existence or pending until the defendant has been arrested or otherwise brought within the custody of the court. However, any person may make any disclosure necessarily incident to the arrest of the defendant. A violation of this subsection is punishable as a contempt.

As added by Acts 1981, P.L.298, SEC.3. Amended by Acts 1982, P.L.204, SEC.18; P.L.10-1994, SEC.7.

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35-34-1-2. Contents; requisites; form