Legal Questions

What is the effect of lack of intervention by the prosecutor in criminal prosecutions?

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Ordinarily, the proceedings had thereon without the participation of the government prosecutor may be considered a nullity.

However, a private prosecutor may be allowed to prosecute the case under the authority, supervision and control of the government prosecutor. And provided all actions, pleadings or motions filed by the private prosecutor is with prior approval of the government prosecutor.

Note that a private prosecutor may be given the authority to prosecute a criminal action in the event that the public prosecutor has been loaded with a heavy work schedule or if there is a lack of public prosecutors. The authorization shall be in writing by the Chief of the Prosecution Office or the Regional State Prosecutor subject to the approval of the court (Pursuant to A.M. No. 02-2-07-SC, May 1, 2002).

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