This case has been cited 2 times or more.
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2014-03-19 |
PEREZ, J. |
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| Generally, at the preliminary investigation proper, the investigating prosecutor, and ultimately, the Secretary of the DOJ, is afforded wide latitude of discretion in the exercise of its power to determine probable cause to warrant criminal prosecution. The determination of probable cause is an executive function where the prosecutor determines merely that a crime has been committed and that the accused has committed the same.[17] The rules do not require that a prosecutor has moral certainty of the guilt of a person simply for preliminary investigation purposes. | |||||