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A prosecutor is a legal representative of the prosecution in states with either the adversarial system, which is adopted in common law, or inquisitorial system, which is adopted in civil law. The prosecution is the legal party responsible for presenting the case in a criminal trial against the defendant, an individual accused of breaking the ...
In jurisprudence, selective prosecution is a procedural defense in which defendants argue that they should not be held criminally liable for breaking the law because the criminal justice system discriminated against them by choosing to prosecute. In claims of selective prosecution, defendants essentially argue that it is irrelevant whether they ...
A crime whose prosecution is cancelled can still be resumed later (the ne bis in idem principle does not apply to sepots), [15] unless the Public Department has made a formal communication to the crime suspect that the suspect is no longer prosecuted (then, prosecution cannot be resumed according to the principle of administrative law ...
Legal immunity, or immunity from prosecution, is a legal status wherein an individual or entity cannot be held liable for a violation of the law, in order to facilitate societal aims that outweigh the value of imposing liability in such cases.
Furthermore, dismissals without prejudice allow the prosecution to refile charges later. Don’t assume that these dismissals confirm that Trump is immune from prosecution and therefore above the law.
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.
Ohio state law allows private citizens to file an affidavit to support criminal charges. [47] However, the actual prosecution is limited to the state. [48] Only prosecutors can present a criminal case to a grand jury. State law was further amended in 2006 to bar judges from issuing arrest warrants in private prosecution cases. [49]
In Anglo-American law, the party bringing a criminal action (that is, in most cases, the state) is called the prosecution, but the party bringing a civil action is the plaintiff. In a civil action the other party is known as the defendant. In a criminal case, the private party may be known as the defendant or the accused.