State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_15A > GS_15A-641

Article32.

Indictment and RelatedInstruments.

§ 15A‑641.  Indictmentand related instruments; definitions of indictment, information, andpresentment.

(a)        Any indictment is awritten accusation by a grand jury, filed with a superior court, charging a personwith the commission of one or more criminal offenses.

(b)        An information is awritten accusation by a prosecutor, filed with a superior court, charging aperson represented by counsel with the commission of one or more criminaloffenses.

(c)        A presentment is awritten accusation by a grand jury, made on its own motion and filed with asuperior court, charging a person, or two or more persons jointly, with thecommission of one or more criminal offenses. A presentment does not institutecriminal proceedings against any person, but the district attorney is obligatedto investigate the factual background of every presentment returned in hisdistrict and to submit bills of indictment to the grand jury dealing with thesubject matter of any presentments when it is appropriate to do so. (1797,c. 474, s. 3, P.R.; R.C., c. 35, s. 6; 1879, c. 12; Code, s. 1175; Rev., s.3240; C.S., s. 4607; 1973, c. 1286, s. 1; 1975, c. 166, s. 27.)