Chapter 1
Chapter 1
It is an inquiry or proceeding to determine if there is sufficient ground to engender a well-founded belief that a crime has been committed and that the respondent is probably guilty and should be held for trial.
One. Nature and Purpose
One. Nature and Purpose
. Purpose: Its primary objective is to protect the innocent from the inconvenience, expense, and stress of a formal trial until the reasonable probability of their guilt is passed upon by a competent officer.
· Right to Investigation: While not a constitutional right, it is a statutory right and a component of substantive due process. It is also waivable.
. Executive Function: The conduct of a preliminary investigation is a function of the public prosecutor, belonging to the executive department.