What does prosecution as Dominus Litis mean?

19.17 Prosecution as dominus litis means that the prosecution can do what is legally possible to get or not to get criminal proceedings in motion for example, determining the charges and the duty and venue of trial.

What does it mean to prosecute a case?

English Language Learners Definition of prosecution : the act or process of holding a trial against a person who is accused of a crime to see if that person is guilty. : the side of a legal case which argues that a person who is accused of a crime is guilty : the lawyer or lawyers who prosecute someone in a court case.

What is the meaning of nolle prosequi?

not to wish to prosecute
Nolle prosequi (abbreviated nol. pros.) is a Latin phrase, which directly translates to “not to wish to prosecute.” Nolle prosequi is a legal notice or entry of record that the prosecutor or plaintiff has decided to abandon the prosecution or lawsuit.

What test should the prosecutor use to determine whether a prosecution should be instituted or not?

When considering whether or not it will be in the public interest to prosecute, the prosecutor should consider factors such as the nature and seriousness of the offence, the interests of the victim and the broader community, and the circumstances of the offender.

What are Schedule 7 Offences?

A Schedule 7 offence is generally slightly more serious than that for which police may fix bail under section 59: for example, culpable homicide, assault, grievous bodily harm, robbery, theft and fraud (where the amount involved does not exceed R20,000) and possession of drugs.

What is Litis?

noun. : a male client in a law case.

What are the main objectives of prosecution?

It has been defined as any order of the court made as a consequence of conviction, the aim of which is to protect the innocent citizens of society from the harmful acts of the criminals. Before sentencing, a prosecuting officer is entitled as of right to inform the court whether the accused is a first offender or not.

What is an example of prosecution?

The definition of a prosecution is a criminal court proceeding against someone. An example of prosecution is a person getting arrested and going to court for armed robbery. A pursuing of a lawsuit or a criminal trial; the party pursuing a criminal prosecution; the carrying out of any activity or plan.

Why would a prosecutor nolle pros a case?

A prosecutor might nol pross or dismiss charges for a variety of reasons, including: reevaluation of evidence. emergence of new evidence. failure of witnesses to cooperate, or.

What is the legal effect of nolle prosequi?

Nolle prosequi is a Latin term which means that there would be no prosecution and it is filed to terminate pending criminal proceedings against an accused person. When it is filed in a case or stated by the Attorney-General during court proceedings, the accused person is discharged by the court.

What is the role of a prosecutor in South Africa?

A public prosecutor is a person who prosecutes accused persons in the magistrates’ courts on behalf of the State. He/she leads evidence by the State witnesses and crossexamines the witnesses of the accused. Approximately 90\% of a public prosecutor’s work takes place in court.

Who is the dominus litis in a case?

It is this person who will be affected by the decision in a case. This person derives benefits if the judgment is in favor, or suffers the consequences of an adverse decision. A person can be dominus litis even if his/her name does not appear in a case proceedings as a petitioner or defendant.

What is litis dominium?

See In re Stover, 1 Curt 201, Fed. Cas. No. 13,507. LITIS DOMINIUM Latin: In the civil law. Ownership, control, or direction of a suit A fiction of… PARTY A person, corporation or other legal entity that is (a) engaged in a lawsuit such… APPEARANCE When a party officially appears in court, to consent and submit to the court’s jurisdiction.…

What is liclitis dominium?

LITIS DOMINIUM Latin: In the civil law. Ownership, control, or direction of a suit A fiction of… PARTY A person, corporation or other legal entity that is (a) engaged in a lawsuit such… APPEARANCE When a party officially appears in court, to consent and submit to the court’s jurisdiction.…

Who is authorized to prosecute a case under the law?

According to article 137 the criminal CODE authorized to prosecute is the public prosecutor (PU) (Hariri,2012) The provisions of the principles of the Dominus Litis found in section 110 paragraph (2) of KUHAP confirms the principle of Dominus Litis for the prosecution as controlling the case in a positive sense.