7/24/2019 Probable Cause and Preliminary Investigation

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Probable Cause and Preliminary Investigation

A preliminary investigation is a judicial proceeding wherein the prosecutor orinvestigating ofcer, by the nature o his unctions, acts as a quasi-judicial ofcer!"Although a preliminary investigation is not a trial and is not intended to usurp theunction o the trial court, it is not a casual a#air $he ofcer conducting the same

investigates or inquires into the acts concerning the commission o the crime, withthe end in view o determining whether or not an inormation may be preparedagainst the accused Indeed, a preliminary investigation is in e#ect a realistic

judicial appraisal o the merits o the case!% In order to satisy the due processclause, it is not enough that the preliminary investigation is conducted in the senseo ma&ing sure that a transgressor shall not escape with impunity!' A preliminaryinvestigation serves not only the purposes o the (tate )ore important, it is a parto the guarantee o reedom and air play which are birthrights o all who live in ourcountry*+

standarte vs People, . /os 0*1%*0-** 2ebruary 0%, 3++%