Legal Questions

Who must prosecute criminal actions?

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The general rule is that all criminal actions commenced by the filing of a complaint or information shall be prosecuted under the direction and control of the prosecutor.  However, in the Municipal Trial Courts and Municipal Circuit Trial Courts, if the prosecutor is not available, the offended party, any peace officer, or other officer charged with the enforcement of the law violated may prosecute.  This authority ceases upon actual intervention by a prosecutor or upon elevation of the case to the RTC.

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