Is a request for a preliminary investigation permissible within five days from inquest and filing of information?

Is a request for a preliminary investigation permissible within five days from inquest and filing of information?

• A. Yes; within five days.
• B. No; not allowed.
• C. Yes; but only after arraignment.
• D. No; only the prosecution can request.

Answer: (A)

The right to a preliminary investigation is triggered after an inquest ends and information is filed, and there is a short, definite window to act. A party who is affected by the case—the accused or the offended party—may request that a preliminary investigation be conducted, but this must be done within five days from the inquest’s conclusion and the filing of the information. This quick window is designed to give the necessary review of probable cause without delaying the process unduly. If the request is made within that five-day period, the prosecutor is obligated to conduct the preliminary investigation to determine whether there is probable cause to charge the accused. If the request is untimely, the information can proceed to arraignment or otherwise be acted upon according to the rules, without that additional review. So the first option is correct: a request for a preliminary investigation is permissible within five days from inquest and filing of information. The other choices misstate who can request it or when it can be requested.

The right to a preliminary investigation is triggered after an inquest ends and information is filed, and there is a short, definite window to act. A party who is affected by the case—the accused or the offended party—may request that a preliminary investigation be conducted, but this must be done within five days from the inquest’s conclusion and the filing of the information. This quick window is designed to give the necessary review of probable cause without delaying the process unduly.

If the request is made within that five-day period, the prosecutor is obligated to conduct the preliminary investigation to determine whether there is probable cause to charge the accused. If the request is untimely, the information can proceed to arraignment or otherwise be acted upon according to the rules, without that additional review.

So the first option is correct: a request for a preliminary investigation is permissible within five days from inquest and filing of information. The other choices misstate who can request it or when it can be requested.