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Nolle prosequi, [a] abbreviated nol or nolle pros, is legal Latin meaning "to be unwilling to pursue". [3] [4] It is a type of prosecutorial discretion in common law, used for prosecutors' declarations that they are voluntarily ending a criminal case before trial or before a verdict is rendered; [5] it is a kind of motion to dismiss and contrasts with an involuntary dismissal.
nolle prosequi: not to prosecute A statement from the prosecution that they are voluntarily discontinuing (or will not initiate) prosecution of a matter. / ˈ n ɒ l i ˈ p r ɒ s ɪ k w aɪ / nolo contendere: I do not wish to argue A type of plea whereby the defendant neither admits nor denies the charge. Commonly interpreted as "No contest ...
No certificate nolle prosequi as such is required. The prosecution is instituted in the name of the prosecuting body: Makana Municipality v Smuts, for example. Section 426 of the Companies Act, 1973 [399] includes a special provision relating to private prosecutions for certain offences under that legislation.
Smith LJ posed the question as to who can enter a nolle prosequi and stated that the attorney general (or their fiat) [9] were "supreme in that matter". [2] The judgment in this appeal makes it clear that the attorney general's unique power to stop legal proceedings is not reviewable by the courts.
Specifically, we address whether a dismissal of a case by nolle prosequi allows the State to bring a second prosecution when the dismissal was entered as part of an agreement with the defendant ...
Motion to Nolle Prosequi. Although his innocence has been officially declared by state prosecutors, “there is no amount of money that can give Mr. Parrish the two years of his life back ...
nolle prosequi: to be unwilling to prosecute: A legal motion by a prosecutor or other plaintiff to drop legal charges, usually in exchange for a diversion program or out-of-court settlement. nolo contendere: I do not wish to contend: That is, "no contest".
The most noted prerogative power that affects the judicial system is the prerogative of mercy, which has two elements: the granting of pardons and the granting of nolle prosequi. Pardons may eliminate the "pains, penalties and punishments" from a criminal conviction, though they do not remove convictions themselves.