234 Pa. Code r. 504 - Contents of Complaint
Every complaint shall contain:
(1) The name of the affiant;
(2) The name and address of the defendant, or
if unknown, a description of the defendant as nearly as may be;
(3) a direct accusation to the best of the
affiant's knowledge, or information and belief, that the defendant violated the
penal laws of the Commonwealth of Pennsylvania;
(4) The date when the offense is alleged to
have been committed; provided, however:
(a) if
the specific date is unknown, or if the offense is a continuing one, it shall
be sufficient to state that it was committed on or about any date within the
period of limitations; and
(b) if
the date or day of the week is an essential element of the offense charged,
such date or day must be specifically set forth;
(5) The place where the offense is alleged to
have been committed;
(6)
(a) in a court case, a summary of the facts
sufficient to advise the defendant of the nature of the offense charged, but
neither the evidence nor the statute allegedly violated need be cited in the
complaint. However, a citation of the statute allegedly violated, by itself,
shall not be sufficient for compliance with this subsection; or
(b) in a summary case, a citation of the
specific section and subsection of the statute or ordinance allegedly violated,
together with a summary of the facts sufficient to advise the defendant of the
nature of the offense charged;
(7) a statement that the acts of the
defendant were against the peace and dignity of the Commonwealth of
Pennsylvania or in violation of an ordinance of a political
subdivision;
(8) a notation if
criminal laboratory services are requested in the case;
(9) a notation that the defendant has or has
not been fingerprinted;
(10) a
request for the issuance of a warrant of arrest or a summons, unless an arrest
has already been effected;
(11) a
verification by the affiant that the facts set forth in the complaint are true
and correct to the affiant's personal knowledge, or information and belief, and
that any false statements therein are made subject to the penalties of the
Crimes Code,
18 Pa.C.S. ยง
4904,
relating to unsworn falsification to authorities;
(12) a certification that the complaint
complies with the provisions of the Case Records Public Access Policy
of the Unified Judicial System of Pennsylvania regarding confidential
information and documents; and
(13)
The signature of the affiant and the date of the execution of the
complaint.
Notes
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