Examination of Non-prosecution Orders by Public Prosecutors by External Organizations: Court of Justice and Administrative Court

Abstract

The prosecution orders by public prosecutors can be divided into 2 systems, consists of principle of criminal prosecution at legally and principle of criminal prosecution at discretion. While the non-prosecution orders for the accused by public prosecutors, which has affected to the status of the right of injured persons in the same as an administrative order. The ruling guideline of the Supreme Administrative Court is of the opinion that non-prosecution orders of public prosecutors as aforesaid, not considered an administrative order under the jurisdiction of the Administrative Court.

Whereas, there have legal measures to check the discretion of public prosecutors to be in accordance with the rule of law and transparency that can be examined both directly and indirectly to external organizations. File of investigating cases and orders has been sent to the National Police Commissioner or the Provincial Governor, which examined the discretion of public prosecutors directly and including the Court of Justice can play a role in check and balancing the non-prosecution orders of public prosecutors under the Criminal Code, Section 157 and Section 200 indirectly. In the event that public prosecutors violates the laws or regulations of the proceedings specified which is considered the most balanced check of the justice system.