It might be a bit foreign, but it does help with some cases, like partner violence, where the victim might not want to press charges against a violent partner. Under this model, if the police learns of the crime, they are obliged to prosecute it if possible.
So state prosecutor can simply drop the charges if she feels like it?
in usa people have the right to jury trial. Seems really unfair that prosecutor can unilaterally simply drop your case, wonder why its that way.
Prosecutors are generally not independent, but work for some arm of the justice ministry and as government officials are subject to abuse of power laws, so they can be punished for mishandling cases.
That’s the theory, at least. In practise, it’s not always that transparent what’s going on.
You can file a civil suit to get a judge to make declarations of fact in some cases, but I don’t believe there is any criminal equivalent of that.
The accused has the right to a jury trial. An alleged victim has no such right.
In the US, there's a concept known as "prosecutorial discretion," and it refers to the fact that prosecutors have nearly absolute authority over what charges are brought.
There are limits to this, but they are extremely rare. For example the Supreme Court has held repeatedly that a prosecutor can't base their decision on race or religion because it would violate the 5th Amendment.
what does 'accused' mean here? I assumed accused = pressed charges.
edit: oh i see wht you mean. thanks.
I don't understand what were their intentions then. Its hard to fathom for me as to why someone wouldn't pursue criminal allegation against a person who raped them. Really bizzare.