Primary Investigation Purpose: Quiz and Flashcards

Study Notes

Principal Purposes of Preliminary Investigation (PI)

To determine whether a crime has been committed and whether there is probable cause to believe the accused is guilty.
To secure the innocent against hasty, malicious, and oppressive prosecution.
To protect the accused from an open and public accusation of crime, from the trouble, expense, and anxiety of a public trial.
To protect the state from a useless and expensive trial.

When Can There Be Preliminary Investigation?

A preliminary investigation is required to be conducted before the filing of a complaint or information for an offense where the penalty prescribed by law is at least four years, two months, and one day.
Exception: When the offender was arrested without a warrant, an inquest investigation will be conducted by the inquest investigator instead of PI.

Is Preliminary Investigation a Constitutional Right?

No, preliminary investigation is not a constitutional right but a statutory right.
It can be waived either expressly or by implication.

Procedure of Preliminary Investigation

A complaint must be accompanied by the affidavit of the complainant and witnesses as well as other supporting documents to establish probable cause.
The investigating prosecutor shall either dismiss the case or issue a subpoena to the respondent within ten days after filing of the complaint.
The respondent shall submit a counter-affidavit and that of his witnesses within ten days from receipt of the subpoena.
Clarificatory hearing may be set if there are facts or issues to be clarified.
The investigating prosecutor shall determine whether or not there is sufficient ground to hold the respondent for trial within ten days after the investigation.

Role of the Prosecutor

The prosecutor is responsible in determining whether to bring formal charges against persons suspected of committing crimes and bring them to a judicial proceeding.
The public prosecutor decides whether to prosecute the case or not.

Definition of Preliminary Investigation

An inquiry or proceeding to determine whether there is sufficient ground to engender a well-founded belief that a crime has been committed and the respondent is probably guilty thereof.

General Purposes of PI

To inquire concerning the commission of a crime and the connection of the accused with it.
To preserve the evidence and keep the witnesses within the control of the state.
To determine the amount of bail if the offense is bailable.

Description

This quiz covers the principal purposes of preliminary investigation, such as determining if a crime has been committed and protecting individuals from unfair prosecution. It also includes information on when a preliminary investigation is required and the procedures involved.