§ 35-34-1-1 — Commencement of prosecution; filing; sealing; violation

Indiana § 35-34-1-1

• Jurisdiction: Indiana
• Art. 34: BRINGING CRIMINAL CHARGES
• Ch. 1: Indictment and Information

Text

(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.