Investigating grand jury presentments. (a) General rule.-- Should the investigating grand jury determine that upon the basis of evidence presented
Pennsylvania Consolidated Statutes
Section: 4551
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 4551
§ 4551. Investigating grand jury presentments. (a) General rule.-- Should the investigating grand jury determine that upon the basis of evidence presented
to it a presentment should be returned against an individual, the grand jury shall
direct the attorney for the Commonwealth to prepare a presentment which shall be submitted
to the investigating grand jury for a vote. Should a majority of the full grand jury
vote approval for the presentment it shall then be submitted to the supervising judge.
The supervising judge shall examine the presentment, and if it is within the authority
of the investigating grand jury and is otherwise in accordance with the provisions
of this subchapter, the supervising judge shall issue an order accepting the presentment.
Otherwise, the supervising judge shall refuse to accept the presentment and shall
order that the investigating grand jury take further appropriate action. (b) Sealed presentment.-- The supervising judge to whom a presentment is submitted may, on his own motion or
at the request of the Commonwealth, direct that the presentment be kept secret until
the defendant is in custody or has been released pending trial. In directing that
the presentment be kept secret, the supervising judge shall enter an order requiring
that the presentment be sealed and that no person shall disclose a return of the presentment
except when necessary for issuance and execution of process. (c) Prosecution by Attorney General.-- Whenever a multicounty investigating grand jury returns a presentment against any
person the Attorney General or his designee shall, with respect to the alleged criminal
activities, be authorized to prosecute the person on behalf of the Commonwealth by
instituting criminal proceedings in the county of appropriate venue. The Attorney
General or his designee shall take the oath of office required by law to be taken
of district attorneys, and shall be clothed with all the powers and subject to all
the liabilities imposed upon district attorneys by law. (d) Venue.-- In any case where a multicounty investigating grand jury returns a presentment the
supervising judge shall select the county for conducting the trial from among those
counties having jurisdiction. (e) Procedure following presentment.-- When the attorney for the Commonwealth proceeds on the basis of a presentment, a complaint
shall be filed and the defendant shall be entitled to a preliminary hearing as in
other criminal proceedings.
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