Slide 6: Criminal Procedure Law - Case Disposition

• Criminal procedure law information for the academic year 2024\2025

Disposition of Investigation

• Investigative authority completes review, then either issues an order to dismiss the case with prejudice or refers the criminal case to the competent court

Dismissal with Prejudice

• Issuing an order that there are no grounds for instituting criminal proceedings
• Defined as a judicial decision by the investigative authority, choosing not to proceed

Article 118 of the Criminal Procedure Law

• Public Prosecution may dismiss the case with prejudice and order the release of the accused, unless detained for another reason
• Decision to dismiss a felony case with prejudice may only be issued by an Advocate General or designee and becomes effective with Attorney General/deputy approval.
• This dismissal order includes the name, surname, age, place of birth/residence, profession, and nationality of the accused, as well as charge details, legal characterization, and grounds for the decision
• Issuing an order to dismiss with prejudice must be preceded by investigative procedures, whether by the authority or an appointed person
• Issuance of a dismissal with prejudice must be in writing and include the details of the accused, the incident, and its classification

Public Prosecution Authority

• Authorized to issue orders for no grounds to institute criminal proceedings
• For felony cases, the order must be issued by an Advocate General/designee and is effective upon Attorney General/deputy approval
• The order of no grounds for instituting criminal proceedings must be reasoned

Reasons for Order of No Grounds for Instituting Proceedings

Legal Reasons

• If the law does not criminalize the act in question due to absence of a legal provision, the lack of one of the essential elements of the crime, the existence of a justification, or the presence of an exemption from criminal responsibility or punishment
• Failure to meet the required conditions for proceeding with the criminal case, such as when the crime requires a complaint but none has been filed
• Investigation reveals a cause for the termination of the criminal case, whether general or specific, such as the accused's death, statute of limitations, or complainant's withdrawal in crimes requiring a complaint
• The case has already been adjudicated with a final judgment, as the accused cannot be punished more than once

Substantive Reasons

• Inaccuracy of the alleged facts, such as discovering that the death was natural and not criminally caused
• Insufficiency of evidence to bring the accused to trial
• Unknown perpetrator, instructing police to continue searching to identify the offender
• Lack of significance, granting Public Prosecution discretionary authority, because orders are issued on grounds of insignificance, like familial or practical considerations or a negligible embezzled amount

Res Judicata

• Prevents the accused from being subjected to further prosecution or investigation on the same matter unless revocation occurs
• If the Public Prosecution initiates procedures against the accused post-order, actions are void; if a criminal case is filed after, the court rules it inadmissible
• Res judicata takes effect upon issuance, binding Public Prosecution, the victim, and the civil claimant, irrespective of formal service

Conditions for Invoking Res Judicata

• To invoke the res judicata effect of the order of no grounds for instituting criminal proceedings, the following conditions must be met:
• Singularity of the case subject matter: Accused cannot invoke res judicata if the new case differs from original
• Singularity of accused: Accused may not invoke res judicata if the order was not issued in their favor

Revocation of Order

• Despite res judicata, the effect is temporary; the order can be revoked under certain circumstances
• Revocation by the Attorney General in misdemeanor cases under Article 120, within three months of issuance, if the order has not been appealed and rejected, and the case has not been terminated
• Revocation is due to the emergence of new evidence under Article 132, like witness testimony, where evidence must be new and the investigator was unaware of it at issuance. New evidence encompasses witness testimony, reports, and documents not previously submitted, proving the case against the accused
• Revocation occurs based on an appeal, occurs when the Court of Appeal issues a revocation ruling responding to appeals filed by the victim (or civil rights claimants) against such orders, based on absence of offense, that the act is unpunishable, or insufficient evidence

Distinction Between Dismissal With vs Without Prejudice

• Dismissal without prejudice: stipulated in Article 119 of the Criminal Procedure Law
• Legal nature: Dismissal without prejudice is administrative; dismissal with prejudice is judicial
• Authority: Dismissal without prejudice is issued by public prosecution as law enforcement; dismissal with prejudice is by the public prosecution in a judicial capacity
• Procedural basis: Dismissal without prejudice occurs without investigation; dismissal with prejudice follows investigation
• Legal authority: Dismissal without prejudice lacks binding authority; dismissal with prejudice has legal finality (res judicata) except in three specified cases
• Right to appeal: No appeal for dismissal without prejudice; appeal allowed for dismissal with prejudice, under Articles 134 and 138

Order of Referral

• The decision by which the investigative authority transfers the case from the investigation to the trial stage

Referral

• Regarding misdemeanors/violations in Article 121: If the Public Prosecution determines the act is a violation or misdemeanor, it refers the case to the court if sufficient evidence exists. The referral doesn't require a specific prosecutor rank; any Public Prosecution member can issue it
• With felonies in Article 122: If the Chief Prosecutor deems the act a felony, the case is referred to the Court of Felonies with sufficient evidence. If uncertain, the Chief Prosecutor refers the case to the Court of Felonies as a felony. Felony case referrals must be by a Chief Prosecutor or higher; lower-ranking members are insufficient