An Analysis of the Preliminary Investigation in Light of the Rights of the Accused

The Preliminary Investigation is an indispensable procedure which allows the Ordinary to determine whether there are grounds for proceeding to a true penal process after having received a notitia criminis. Despite its importance, it is only directly referenced by three canons which leads to widely diverging applications. This is seen most powerfully in the different ways that rights of the person under preliminary investigation are either safeguarded or violated during this procedure. In order to correct any potential misapplications, it is necessary to examine the Preliminary Investigation within the context of the fundamental rights that undergird the faithful as well as the three-fold end of the penal process. This allows this procedure to be understood and applied correctly so that the Church can strengthen its witness of justice and mercy in the world.