Arraignment (criminal law) (Ro.: aducerea la cunoştinţă a calităţii de suspect/ reţinerea, Fr.: interpellation, n.f./ mise en accusation, n.f., Gr.: απαγγελία της κατηγορίας/ανάγνωση του βουλεύματος, Cz.:slyšení ve věci obžaloby) (See also: indictment) = a formal reading of the criminal charges, in order to inform the defendant of the crime he or she is accused of.
In response to arraignment, the accused is expected to enter a plea. Acceptable pleas vary among jurisdictions, but they generally include pleading 'guilty', or 'not guilty'.
In the US, this is usually the first part of the criminal procedure. Arraignments are held within 48 hours of a suspect’s arrest (excluding weekends and holidays), if the suspect is in jail. This step occurs in a courtroom, before a judge or magistrate.
In the UK, an arraignment can be also viewed as the step in which the suspect is being 'called to the bar', so that the clerk of the court informs him or her of the charges brought upon him or her in the indictment.
In Romania, the arraignment can somewhat be found in Article 307 in the Criminal Procedure Code, which states that a person who is being accused of a criminal offense must be informed of that fact before the first hearing, and of his/her rights, followed by a statement from the accused. Also, in Article 209, it is stated that if someone has been in police custody for 24 hours, he or she must be immediately informed regarding the criminal offence he or she is suspected of, and regarding the reasons for his/her temporary detention.
http://legeaz.net/noul-cod-procedura-penala-ncpp/art-307 - Art. 307, Criminal Procedure Code, Romania [Romanian]
http://legeaz.net/noul-cod-procedura-penala-ncpp/art-209 - Art. 209, Criminal Procedure Code, Romania [Romanian]
https://www.law.cornell.edu/constitution/sixth_amendment - Sixth Amendment, U.S. Constitution, USA [English]
https://www.law.cornell.edu/rules/frcrmp/rule_10 - Rule 10. Arraignment, Federal Rules of Criminal Procedure, USA [English]
http://www.legislation.gov.uk/uksi/2005/384/made - The Criminal Procedure Rules 2005, UK [English]
Organisations and associations
http://www.dccourts.gov/internet/public/aud_criminal/arraignment.jsf - How do I better understand the arraignment\presentment process?, District of Columbia Courts (USA)
http://www.courts.ca.gov/1069.htm - How Criminal Cases Work, California Courts (USA)
http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-defense-case/criminal-arraignment-what-expect - Baldwin, Lauren, Criminal Arraignment: What to Expect, criminaldefenselawyer.com
http://www.nolo.com/legal-encyclopedia/arraignment-getting-court.html - Schwartzbach, Micah, Arraignment: Getting to Court, nolo.com
http://www.attorneys.com/criminal-defense/arraignment/ - What is an arraignment?, attorneys.com
http://joycedavid.com/book.htm - David, Joyce B., 1998, What You Should Know If You're Accused of a Crime, joycedavid.com
Blackstone, Christian, Chitty, Lee, 1832, Commentaries on the Laws of England, Collins and Hannay
Neubauer, Fradella, 2013, America’s Courts and the Criminal Justice System, USA, Cengage Learning
Samaha, 2011, Cengage Advantage Books: Criminal Procedure, 8th edition, USA, Cengage Learning
By Mircea Farcău