An analysis of Supreme Court Judgments on Prosecutorial Power in Criminal Cases

Abstract

       Section 28 of the Criminal Procedure Code stipulates that the prosecutor and the injured party have the power to prosecute the defendant or offender, and Section 120 also stipulates that the prosecutor’s filing of a lawsuit must have passed scrutiny by investigators. If there is no prior investigation, the prosecutor cannot file a criminal case. Therefore, in cases where the prosecutor files a criminal case in court, the consideration of whether a case has been investigated before is an important issue.