La investigación previa en los procesos penalesla responsabilidad del ordinario ante una noticia de delito

Abstract

The preliminary investigation, regulated in cc. 1717-1719, is the phase that precedes both the judicial penal process and the extrajudicial procedure. It is the Ordinary's responsibility to carry it out, but since it is a phase of an administrative nature, it can be carried out by a person he himself considers suitable, whether a man or a woman. In the CIC of 1917, it was regulated under the denomination of special inquisition, passing this same institution to the CIC of 1983 as previous investigation. It is the inquiry that arises from a report of a crime, the verisimilitude of the indications of the crime would sustain its development. The investigation is precepted in order to avoid the initiation of useless processes that have no basis in crime, and that cause harm to the persons involved, at the same time, it would be a serious waste of time and material goods. The Congregation for the Doctrine of the Faith is the competent Dicastery to deal with delicta graviora; the preliminary investigation to be carried out in this matter is entirely within its competence, but it is carried out under the responsibility of the Ordinary. The Normae de gravioribus delictis refer that this factual inquiry be carried out according to the norm of canon 1717, and that after this inquiry has been carried out it must be communicated to the CDF, which, if the cause is not so referred, will order the Ordinary how to proceed.