Question & AnswerQ&A (Act No. 194)
Justices of the Peace are invested with the authority to make preliminary investigations of any crime alleged to have been committed within their municipality, jurisdiction that is by law now vested in the judges of Courts of First Instance.
The complaint should specify the name of the accused, the legal appellation of the crime (such as murder, arson, robbery), the date and place of the commission of the crime, and a description of the acts that constitute the offense.
It involves informing the accused of the charge, allowing examination of the complaint and supporting affidavits, demanding a plea (guilty or not guilty), taking sworn testimony from witnesses examined separately if demanded, allowing cross-examination, and taking down all evidence in writing signed by the witnesses.
The Justice must order the accused to be remanded to jail for safekeeping to await the action of the judge or Court of First Instance or to give bail in an amount fixed by the Justice of the Peace with sufficient sureties for appearance before the Court.
The Justice shall adjudge that the accused be remanded to jail for safekeeping or to give bail for appearance before the Court of First Instance if the case is bailable.
The discharge does not operate as a final acquittal, and the accused may be arrested and prosecuted again for the same offense.
The president of the municipality is vested with the same powers and jurisdiction as the Justices of the Peace to make preliminary investigations, with like effect and entitlements.
It repeals the requirement to forward records of all criminal cases except those involving death penalty or cases that have been duly appealed. Cases with death penalty judgments must still be forwarded for investigation and judgment regardless of appeal.
The accused has the right to be informed of the charges, to examine the complaint and affidavits, to plead guilty or not guilty, to be present during witness examination, to cross-examine witnesses, to testify or decline to testify without compulsion, and to be represented by counsel.