|Processes » The Penal Process » The preliminary investigation|
|§1. When it seems that sufficient evidence has been collected, the ordinary is to decide:
1. whether a process to inflict or declare a penalty can be initiated;
2. whether, attentive to can. 1341, this is expedient;
3. whether a judicial process must be used or, unless the law forbids it, whether the matter must proceed by way of extrajudicial decree.
§2. The ordinary is to revoke or change the decree mentioned in §1 whenever new evidence indicates to him that another decision is necessary.
§3. In issuing the decrees mentioned in §§1 and 2, the ordinary is to hear two judges or other experts of the law if he considers it prudent.
§4. Before he makes a decision according to the norm of §1 and in order to avoid useless trials, the ordinary is to examine carefully whether it is expedient for him or the investigator, with the consent of the parties, to resolve equitably the question of damages.
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