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What is Court Dismissal of Criminal Cases Explained about?

The court can dismiss a criminal case based on an affidavit of desistance filed by the complainant even without a motion to dismiss from the prosecuting fiscal. While the fiscal directs the prosecution, the court has exclusive jurisdiction over the case once filed. According to precedent, the court is the sole judge of what to do with cases under its jurisdiction. However, to avoid similar issues, any move by the complainant to dismiss a case should first be referred to the fiscal to provide their view on t

Author

Michael Joseph Nogoy

Language

EN