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Rule 112 - Preliminary Investigation
Rule 112 - Preliminary Investigation
1. It is merely inquisitorial
2. Only means of discovering whether the offense has been committed and the persons
responsible for it
5. Determine whether there is probable cause to believe that an offense has been committed and
the accused is probably guilty of it
7. Doesn't affect the jurisdiction of the court—only the regularity of the proceedings
8. Accused cannot assert lack of preliminary investigation. Court cannot dismiss the case based on
this ground—it should conduct the investigation or order the fiscal or lower court to do it
10. Accused should invoke right to PI before plea, otherwise it is deemed waived
11. Accused doesn't have full gamut of rights yet. He doesn't have right to counsel unless a
confession is being obtained from him.
> Before a complaint or information is filed, preliminary investigation is required for all
offenses punishable by imprisonment of at least 4 years, 2 months and 1 day, regardless of the fine,
except if the accused was arrested by virtue of a lawful arrest without warrant
> In case of lawful arrest without warrant: the complaint or information may be filed without a
preliminary investigation unless the accused asks for a preliminary investigation and waives his
rights under Article 125 of the RPC
> Whether or not there is a need for PI depends upon the imposable penalty for the crime charged in
the complaint filed with the city or provincial prosecutor’s office and not upon the imposable
penalty for the crime fund to have been committed by the respondent after a preliminary
investigation
2. To protect the accused from the inconvenience, expense, and burden of defending himself in a
formal trial unless the reasonable probability of his guilt has been first ascertained in a fairly
summary proceeding by a competent officer
3. To secure the innocent against hasty, malicious and oppressive prosecution, and to protect
him from an open and public accusation of a crime, from the trouble, expense and anxiety of a public
trial
4. To protect the state from having to conduct useless and expensive trials