{"code":"PEN","codeName":"Penal Code","section":"738","citation":"Pen. Code, § 738","status":"in-force","lawOn":"2026-09-28","headings":[{"name":"PART 2. OF CRIMINAL PROCEDURE [681. - 1620.]","url":"https://blackletter.si/penal-code/part-2"},{"name":"TITLE 2. MODE OF PROSECUTION [737. - 745.]","url":"https://blackletter.si/penal-code/part-2/title-2"}],"history":"Added by Stats. 1951, Ch. 1674.","effective":null,"html":"<p>Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made under Section <a href=\"/pen/872\">872</a>. The proceeding for a preliminary examination must be commenced by written complaint, as provided elsewhere in this code.</p>","text":"Before an information is filed there must be a preliminary examination of the case against the defendant and an order holding him to answer made under Section 872. The proceeding for a preliminary examination must be commenced by written complaint, as provided elsewhere in this code.","otherVersions":[],"url":"https://blackletter.si/penal-code/mode-of-prosecution-738","source":"California Legislative Information bulk export (pubinfo)"}