(a) Use of indictment or information.
(1) In general. – An offense which may be punished by death shall be prosecuted by indictment. An offense within the exclusive jurisdiction of Superior Court other than a capital crime shall be prosecuted by indictment or, if indictment is waived, it may be prosecuted by information. Any other offense may be prosecuted by indictment or by information. An information may be filed without leave of court.(2) Transfer cases. – The prosecution shall proceed on the information filed in the Court of Common Pleas.(3) Appeals de novo. The prosecution shall proceed on a new information filed in Superior Court charging substantially the same offense as charged by the complaint or information in the court below.(b) Waiver of indictment. – An offense within the exclusive jurisdiction of Superior Court other than a capital crime may be prosecuted by information if the defendant, after having been advised of the nature of the charge and of the rights of the defendant, waives in writing or in open court prosecution by indictment.(c) Nature and contents. –
(1) In general. – The indictment or the information shall be a plain, concise and definite written statement of the essential facts constituting the offense charged. It shall be signed by the attorney general. It need not contain a formal commencement, a formal conclusion or any other matter not necessary to such statement. Allegations made in one count may be incorporated by reference in another count. It may be alleged in a single count that the means by which the defendant committed the offense are unknown or that the defendant committed it by one or more specified means. The indictment or information shall state for each count the official or customary citation of the statute, rule, regulation or other provision of law which the defendant is alleged therein to have violated.(2) Harmless error. – Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to the defendant’s prejudice.(d) Surplusage. – The court on motion of the defendant may strike surplusage from the indictment or information.(e) Amendment. – The court may permit an indictment or an information to be amended at any time before verdict or finding if no additional or different offense is charged and if substantial rights of the defendant are not prejudiced.(f) Bill of particulars. – The court may direct the filing of a bill of particulars. A motion for a bill of particulars may be made before arraignment or within ten days after arraignment or at such later time as the court may permit. A bill of particulars may be amended at any time subject to such conditions as justice requires.
