CHAPTER 401

COMPLAINT

401.01                         Scope

A complaint is a written statement of the essential facts constituting the criminal offense charged. All criminal prosecutions shall be commenced by a complaint filed with the Clerk of Court, and sworn to by a person having personal knowledge, including police officers and/or criminal investigators, of the criminal offense unless provided otherwise herein.

(Section 401.01 amended to the Tribal Code by Resolution No. 292-93, dated September 14, 1993)

401.02                         Contents of Complaint

Complaints shall contain the following information:

      a)              The complaint shall be in writing and shall be made upon oath before a judge of the                         Court; and

      b)              The complaint shall contain the signature of the complaining witness or witnesses;                         and

      c)              The complaint shall set forth in ordinary language the facts establishing probable                         cause to believe that an offense has been committed and that the defendant                         committed the offense; and

      d)              The complaint shall include the time and place of the occurrence of the criminal                         offense; and

      e)              The complaint shall not be filed nor process issued thereon without the written                         approval, signed on the complaint, by the prosecutor who is authorized to prosecute the offense charged; except, a judge of the Court may sign the complaint if the judge certifies on the complaint that the prosecutor is unavailable and the filing of the complaint and issuance of process thereon should not be delayed.

403.03                         Time Limit for Commencing Criminal Prosecutions

No prosecution for an offense under the Criminal Code shall be maintained unless the complaint is filed within three (3) years after the commission of a misdemeanor offense and six (6) years after the commission of a gross misdemeanor offense, unless a different time limitation is set forth in this code. The time period during which an accused is outside of jurisdiction of the Court, for whatever reason, shall not be included in the computation of the time limit.