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Preliminary Investigation - Procedure


Section 3. Procedure

PROCEDURE
1. By reason of the abbreviated nature of Preliminary Investigation,
   a dismissal of the charges as a result thereof is not equivalent
   to a judicial pronouncement of acquittal.
2. The accused or respondent in a criminal prosecution may avail
   himself of discovery remedies either during preliminary investigation
   or when the information has already been filed in court.
3. A motion to dismiss is now a prohibited pleading during preliminary
   investigation.
4. The respondent is now required to submit counter-affidavits and other
   supporting documents relied upon by him for his defense.
5. The respondent now has the right to examine the evidence submitted by
   the complainant of which he may not have been furnished and to obtain
   copies thereof at his expense.


preliminary investigation procedure
Procedure























If respondent cannot be subpoenaed, or if subpoenaed but does not
submit his counter-affidavit within 10 days, investigating officer
shall resolve the complaint based on the evidence presented by the
complainant.

RIGHTS OF RESPONDENT IN A PRELIMINARY INVESTIGATION:
1. To submit counter-affidavit.
2. To examine the evidence submitted by the complainant
3. To be present in the clarificatory hearing.

NOTE: The Rules does not require the presence of the respondent in
the Preliminary Investigation. What is required is that he be given
the opportunity to controvert the evidence of the complainant by
submitting counter-affidavits.



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Bigwas

I'm Bigwas, It is just an Alias. I have a degree in Criminology. I'm a blogger who loves to write about anything that cross my mind. I hope you learn something from my blog.

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