Chapter VIII - RECIPROCAL ARRANGEMENTS FOR ASSISTANCE IN CERTAIN MATTERS AND PROCEDURE FOR ATTACHMENT AND FORFEITURE OF PROPERTY (From Section 111 to Section 124)
Construction of references clarifies whether magistrate functions fall to Judicial or Executive Magistrates under the statute. References to a Magistrate in existing law are to be construed as references to the corresponding Judicial Magistrate unless context requires otherwise. Functions involving appreciation or shifting of evidence or decisions exposing a person to punishment, detention, or committal to trial are exercisable by a Judicial Magistrate; administrative or executive functions such as licensing or sanctioning or withdrawing prosecutions are exercisable by an Executive Magistrate.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Construction of references clarifies whether magistrate functions fall to Judicial or Executive Magistrates under the statute.
References to a Magistrate in existing law are to be construed as references to the corresponding Judicial Magistrate unless context requires otherwise. Functions involving appreciation or shifting of evidence or decisions exposing a person to punishment, detention, or committal to trial are exercisable by a Judicial Magistrate; administrative or executive functions such as licensing or sanctioning or withdrawing prosecutions are exercisable by an Executive Magistrate.
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