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    Preliminary Investigation Process: Complaint

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    Mark Hiro Nakagawa
    The preliminary investigation process involves several steps: 1) A complaint is filed and investigated by a prosecutor within 10 days who can dismiss the case if there is insufficient evidence or file it in court. 2) If not dismissed, the respondent can submit a counter-affidavit within 10 days and a clarificatory hearing may be held within 5 days. 3) The prosecutor then writes a resolution to dismiss the case, find probable cause, or recommend dismissal, which is reviewed by a higher-level prosecutor within 10 days who can approve the case to proceed or dismiss it.

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    Preliminary Investigation Process: Complaint

    Uploaded by

    Mark Hiro Nakagawa
    51 views1 page
    The preliminary investigation process involves several steps: 1) A complaint is filed and investigated by a prosecutor within 10 days who can dismiss the case if there is insufficient evidence or file it in court. 2) If not dismissed, the respondent can submit a counter-affidavit within 10 days and a clarificatory hearing may be held within 5 days. 3) The prosecutor then writes a resolution to dismiss the case, find probable cause, or recommend dismissal, which is reviewed by a higher-level prosecutor within 10 days who can approve the case to proceed or dismiss it.

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    The preliminary investigation process involves several steps: 1) A complaint is filed and investigated by a prosecutor within 10 days who can dismiss the case if there is insufficient evidence or file it in court. 2) If not dismissed, the respondent can submit a counter-affidavit within 10 days and a clarificatory hearing may be held within 5 days. 3) The prosecutor then writes a resolution to dismiss the case, find probable cause, or recommend dismissal, which is reviewed by a higher-level prosecutor within 10 days who can approve the case to proceed or dismiss it.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
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    Download as docx, pdf, or txt
    51 views1 page

    Preliminary Investigation Process: Complaint

    Uploaded by

    Mark Hiro Nakagawa
    The preliminary investigation process involves several steps: 1) A complaint is filed and investigated by a prosecutor within 10 days who can dismiss the case if there is insufficient evidence or file it in court. 2) If not dismissed, the respondent can submit a counter-affidavit within 10 days and a clarificatory hearing may be held within 5 days. 3) The prosecutor then writes a resolution to dismiss the case, find probable cause, or recommend dismissal, which is reviewed by a higher-level prosecutor within 10 days who can approve the case to proceed or dismiss it.

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    of 1

    Preliminary Investigation Process

    COMPLAINT

    raffled

    Investigating Prosecutor
    (10 days) A

    Files the case in court

    none Writes Resolution


    Sufficien
    DISMISS & Information
    t
    Evidence
    NOT
    Evidence
    DISMISS approve
    Issue a Subpoena
    d
    Provincial/City Prosecutor
    (10 days from receipt)
    Respondent makes
    Counter-Affidavit
    (10 days from receipt)

    5 days to transmit
    Investigating Prosecutor none Writes Resolution
    none Probab
    Counter- resolve the complaint
    le &
    Affidavit (10 days) Recommendation
    cause
    for Dismissal
    w/in 10 days from submission
    Investigating Prosecutor
    Clarificatory Hearing writes Resolution &
    (5 days) Information

    5 days to transmit

    Provincial/City Prosecutor
    (10 days from receipt)

    DISMISS
    approve
    none d
    Files the case in court

    ISSUE WARRANT OF COURT


    Probab
    ARREST OR (10 days from filing of the case) A
    le
    COMMITMENT ORDER
    cause

    If it originates from a judge, the process is the same, the only difference is the transmittal
    period and the number of days allotted for the Provincial/City Prosecutor to review the
    case which is 10 and 30 days respectively.

    M. D. Antonio 29 June 2012

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