DISTINCTION BETWEEN THE CONTROL BY THE PROSECUTION AND CONTROL BY THE COURT

Category: Criminal Procedure

Distinction Between Control By The Prosecution And Control By The Court

> Before the filing of the case in court, the prosecution has control over  the  following—what  case  to  file,  if  need  be;  whom  to prosecute; the manner of prosecution; to conduct reinvestigation

> The right to prosecute vests the prosecutor with a wide range of discretion—the discretion of whether, what, and whom to charge, he  exercise  of  which  depends  on  a  variety  of  factors  which  are best appreciated by the prosecutors

> After the filing of the case in court, the court has control over the following—the    suspension of  arraignment;    reinvestigation; prosecution  by  the  prosecutor;  dismissal  or  withdrawal  of  the case; and downgrading of the offense or dropping of the accused even before plea; and review of the Secretary’s recommendation and reject it if there is grave abuse of discretion