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AllBar 2024REMEDIAL LAW, LEGAL AND JUDICIAL ETHICSVI. CRIMINAL PROCEDURED. Preliminary Investigation (Rule 112)2. Cases Not Requiring Preliminary Investigation - Section 1

Question

Subject: Preliminary Investigation (Rule 112)

Topic: Cases Not Requiring Preliminary Investigation - Section 1

Scenario:

Jonas, a police officer, received information about a person named Maria who was allegedly involved in a robbery incident. Based on the information, Maria was accused of being the mastermind behind a series of high-profile robberies in the city. The informant claimed to have witnessed Maria planning the robberies and saw her give instructions to her accomplices.

Jonas, without conducting any further investigation, immediately filed a criminal complaint against Maria. The prosecutor, upon reviewing the complaint, found it to be lacking in substance and evidence. The prosecutor concluded that the case against Maria does not require preliminary investigation.

Question:

  1. Was the prosecutor correct in ruling that the case against Maria does not require preliminary investigation? Explain your answer and cite the applicable law.



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Bar Review Question: Subject: Preliminary Investigation (Rule 112) Topic: Cases Not Requiring Preliminary Investigation