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Rule 506 – Approval of Private Complaints

May 14, 2021 | Criminal Procedure, Pennsylvania

(A) When the affiant is not a law enforcement officer, the complaint shall be submitted to an attorney for the Commonwealth, who shall approve or disapprove it without unreasonable delay.
(B) If the attorney for the Commonwealth:

(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. Thereafter, the affiant may petition the court of common pleas for review of the decision.

For the contents of a private complaint, see Rule 504.

In all cases where the affiant is not a law enforcement officer, the complaint must be submitted for approval or disapproval by the attorney for the Commonwealth.

The district attorney may “transmit” the complaint to the issuing authority pursuant to paragraph (B)(1) by returning it to the affiant for delivery.

234 Pa. Code ยง 506

Committee Explanatory Reports:

Final Report explaining the August 9, 1994 amendments published with the Court’s Order at 24 Pa.B. 4342 (August 27, 1994) .

Final Report explaining the March 22, 1996 amendments published with the Court’s Order at 26 Pa.B. 1690 (April 13, 1996) .

Final Report explaining the March 1, 2000 reorganization and renumbering of the rules published with the Court’s Order at 30 Pa.B. 1477 (March 18, 2000) .