Rule 133
 

Rule 133       RULES OF CRIMINAL PROCEDURE

Rule 133. Approval of Private Complaints

   (a) When the affiant is not a law enforcement officer and the offense(s) charged include(s) a misdemeanor or felony which does not involve a clear and present danger to any person or to the community, the complaint shall he submitted to an attorney for the Commonwealth, who shall approve or disapprove without unreasonable delay.

   (b)

     (1) Approves the complaint, the attorney shall indicate this decision on the complaint form and transmit it to the issuing authority;

      (2) Disapproves the complaint, the attorney shall state the reasons on the complaint form and return it to the affiant. There-after the affiant may file the complaint with a judge of a Court of Common Pleas for approval or disapproval;

     (3) Does not approve or disapprove within a reasonable period of time, the affiant may file the complaint on a separate form with the issuing authority, noting thereon that a complaint is pending before an attorney for the Commonwealth. The issuing authority shall determine whether a reasonable period has elapsed, and, when appropriate, shall defer action to allow the attorney for the Commonwealth an additional period of time to respond.

 

 

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