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CRIMINAL PROSECUTION ON DEMAND OF THE VICTIM

  29/07/2020

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  1. What is “criminal prosecution”?

Criminal prosecution is the right and responsibility of competent state agencies in order to uphold order and justice, regardless of personal preference and no one can intervene. However, in certain cases, stemming from the legitimate rights and interests of the victim, the law allows the victim to choose whether or not to file a lawsuit.

These are the cases in which the criminal act both violates the social order and violates the physical, health and honor of the victim. In these cases, if the case is prosecuted, the social benefits may not be significant, but it may also cause further emotional harm to the victim. Therefore, lawmakers have established the ability and condition for victims to consider and decide whether or not to request competent state agencies to handle criminal matters for criminal acts. With that provision, lawmakers create conditions for offenders to have a favorable opportunity to remedy the consequences caused by their crimes, restricting the further causing further losses and mental loss. Unnecessary honor may be given to the victim.

  1. Prosecution case on demand of the victims?

Pursuant to Article 155 of the 2015 Criminal Procedure Code, for the following crimes, if there are no serious circumstances and only subject to Clause 1 of the following crimes, they may only be prosecuted at the request of the victim or agent. Legal status of the victim:

+Crime of intentionally causing injury or harming the health of others (Article 134).

+Crime of intentionally causing injury or harming the health of others in a strongly agitated mental state (Article 135).

+Crime of intentionally causing injury or harming the health of others by exceeding the limits of legitimate defense or by exceeding the requirements of the emergency situation when arresting offenders (Article 136).

+ Crime of unintentional injury or harm to the health of others (Article 138)

+ Crime of unintentionally causing injury or harming the health of others due to violation of professional or administrative rules

+Rape (Article 141)

+Defilement (Article 143)

+Assault (Article 155)

+Slander (Article 156)

+ Crime of infringing upon industrial property rights (Article 226)

For cases falling into the above cases, if there is no request to prosecute the victims, the competent authorities shall not prosecute, the cases are minors or the disadvantages of If they are not mentally or physically well-able, they must have the representative’s permission to press charges.

  1. Forms of prosecution at the request of victims

The aggrieved person may file a written request for prosecution or express his opinions in the testimony record

If the victim has been prosecuted at the request of the victim, then will the victim have the right to withdraw the application?

In cases where the cases have been instituted, the victims still have the right to withdraw the petitions and the competent authorities shall issue decisions to suspend the cases except for cases of forced or forced cases. The victim has the right to withdraw the request at any time during the proceedings from the stage of the investigation, prosecution to trial.

Victims who withdraw their petitions do not have the right to reclaim them unless they withdraw them due to duress or coercion.

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