Factual investigation under the Narcotics Code is a process initiated by a court order for a probation officer to gather facts in accordance with Section 165, Paragraph 3, of the Narcotics Code. This factual investigation involves documenting the defendant's behavioral history related to the offense, as well as their entire surrounding circumstances. This collected data is then processed to establish facts concerning:

• The severity of the offense based on its nature.
• The adverse effects based on the type and quantity of narcotics involved with the defendant.
• Information regarding the defendant's age, history, conduct, habits, intelligence, education, family care responsibilities, use for treating illness or pain relief, necessity of use for other reasons, physical and mental condition, environment, coercion or deception into drug use, or being a tool for drug traffickers, or any other mitigating circumstances.
• The type of narcotic used or possessed for consumption, the amount used or possessed for consumption, whether drug use is occasional or habitual, or drug use for the benefit of performing certain tasks.

This data is collected using forms prescribed by the Department of Probation. The gathered facts are then analyzed and evaluated to prepare a report and opinion for the court. This report must be submitted within thirty days from the date the Probation Office receives the order. In cases of necessity, the probation officer may request a court extension for an additional period not exceeding fifteen days.

Objectives

The purpose of this report is to assist the court in exercising its discretion to determine the most appropriate measure for each individual defendant. This process prioritizes assisting the defendant in ceasing drug use through treatment over punishment. If punishment is deemed necessary, it should be tailored to the individual defendant. Essentially, this serves as a screening process for offenders before they enter the probation or treatment system, primarily considering public safety and the likelihood of planning for the rehabilitation of offenders/drug users or addicts within the community.