In criminal cases brought in the first instance in a court of record, but in which the accused may be held to answer without an indictment by a grand jury, the legal prosecutor may arraign and prosecute the accused upon an information, complaint, or an indictment at the prosecutor's election; and in all criminal cases brought in the first instance in a court of record the prosecutor may arraign and prosecute the accused by information, complaint, or indictment, as the case may be, whether there has been a previous examination, or commitment for trial by a judge, or not.

[L 1903, c 39, §3; RL 1925, §4019; RL 1935, §5492; RL 1945, §10793; RL 1955, §258-4; HRS §711-8; am L 1970, c 188, §39; ren L 1972, c 9, pt of §1; gen ch 1985; am L 1991, c 147, §3]

Cross References

See Const. art. I, §10.

Use of indictment or information, see §§801-1, 806-6.

Rules of Court

Indictment, information, or complaint, see HRPP rule 7.