Sec. 1. (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.
Structure Indiana Code
Title 35. Criminal Law and Procedure
Article 34. Bringing Criminal Charges
Chapter 1. Indictment and Information
35-34-1-1. Commencement of Prosecution; Filing; Sealing; Violation
35-34-1-2. Contents; Requisites; Form
35-34-1-2.5. Prior Convictions
35-34-1-3. Illegible or Lost Indictment or Information
35-34-1-4. Motion to Dismiss by Defendant; Grounds; Requisites; Disposition; Effect of Order
35-34-1-5. Amendment of Charge; Procedures; Limitations
35-34-1-6. Defective Indictment or Information; Dismissal; Exceptions
35-34-1-7. Grand Jury Proceedings; Violation of Ic 35-34-2; Dismissal
35-34-1-9. Joinder of Offenses or Defendants
35-34-1-11. Severance of Offenses or Separate Trial of Defendants Joined
35-34-1-12. Motion for Severance or Separate Trial; Time; Waiver or Bar
35-34-1-13. Motion to Dismiss by Prosecuting Attorney
35-34-1-14. Pleading Special Matters; Sufficiency
35-34-1-15. Incorrect Name of Defendant Immaterial
35-34-1-16. Perjury; Requisites
35-34-1-17. Forgery; Misdescription of Instrument Destroyed or Withheld by Defendant Immaterial