Louisiana Code of Criminal Procedure Article 382 sets the methods of instituting criminal prosecutions — requiring a grand jury indictment for the most serious offenses and allowing a bill of information for others. The charging method is a foundational issue in every case.
What the Statute Says
Art. 382. Methods of instituting criminal prosecutions
A. A prosecution for an offense punishable by death, or for an offense punishable by life imprisonment, shall be instituted by indictment by a grand jury. Other criminal prosecutions in a district court shall be instituted by indictment or by information.
B.(1) A prosecution for violation of an ordinance and other criminal prosecutions in a parish court shall be instituted by affidavit or information charging any offense.
(2) A prosecution for violation of an ordinance and other criminal prosecutions in a city court shall be instituted by affidavit or information charging any offense supported by an affidavit.
(3) Criminal prosecutions in a juvenile court or family court shall be instituted by affidavit, information, or indictment.
La. Code Crim. Proc. — source: Louisiana State Legislature
Why Article 382 Matters to Your Defense
Article 382 matters because certain offenses, such as those punishable by death or life imprisonment, must be charged by grand jury indictment. Charging a case by the wrong instrument can be a serious, challengeable defect.
The distinction between indictment and information affects the defendant’s rights and the procedures that follow, making it a key early checkpoint.
How Our Attorneys Use Article 382
We verify that the prosecution used the correct charging method for the offense, since a defect in how the case was instituted can be raised in the defense. The required instrument depends on the severity of the charge.
We analyze this alongside the definitions of indictment (Article 383) and information (Article 384). See our Louisiana criminal procedure overview.
Frequently Asked Questions
Under Article 382, prosecutions are instituted by grand jury indictment for the most serious offenses and by a bill of information for others.
Article 382 requires indictment for offenses punishable by death or life imprisonment. Other offenses may be charged by information.
Charging a case by the wrong instrument can be a serious defect that the defense may challenge.
Charged in Louisiana? Talk to a Defense Attorney
If your case involves how the prosecution was instituted, the procedural details can shape the entire outcome. The Ambeau Law Firm knows how to hold the State to the rules. Contact us or call (225) 330-7009 for a free, confidential consultation.