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  • Publication Data:2008-03-17

How to address the problem if one disagrees with a case of delayed prosecution or non-prosecution?

Ans.:
1. Non-prosecution: When the accuser receives the notice on non-prosecution or delayed prosecution, he or she may present, in writing, the reasons for disagreement to the original prosecutor within seven days in keeping with the provisions of Article 256 of the Code of Criminal Procedure. The prosecutor may, in turn, directly apply the prosecutor general of the higher prosecutors’ office or the State Prosecutor General for re-deliberation. But, no application for re-deliberation is allowed if the decision was made by the prosecutor within the power of position in accordance with Article 253 or if the prosecutor has informed, in keeping with Article 253-1, the accuser of the non=prosecution and has got his or her agreement. Besides, in a case that carries a minimum penalty of more than three years in prison, if the prosecutor makes a non-prosecution because of insufficient evidence or if the prosecutor decides to delay the prosecution in keeping with the provisions of Article 253-1, the prosecutor shall, in keeping with the power of his or her position, directly appeal to the prosecutor general of the higher prosecutors’ office or the State Prosecutor General for re-deliberation as long as there is nobody qualified to make such an appeal. In this case, the prosecutor shall notify the accuser to the effect.
2. If the accuser disagrees with a case rebutted by the prosecutor general of a higher prosecutors’ office, he or she may retain a lawyer to present within ten days the reasons to the first-instance court and apply for retrial.
3. In a case of disagreement to non-prosecution, the accuser may argue during the trial and ask the first-instance court to make a judgment.

  • Last updated:2008-03-17
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