Article 125: Duty to arrange a proper complaint

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2176/2534 (1991)

   For an offence that is not compoundable, the investigator has power to investigate even without a complaint; if he then fails to arrange a proper complaint under Sections 123, 124 and 125, no law voids the lawful investigation, and the prosecutor retains power to file.

   The Supreme Court held that in a non-compoundable case the investigation was lawful even without a complaint. The subsequent failure to arrange a proper complaint under Sections 123, 124 and 125 did not void the lawful investigation, so the public prosecutor had power to file.

2. Arrêt de la Cour suprême n° 13537/2553 (2010)

   A police officer who investigates a criminal case and, on learning the details, finds a person to be a suspect has power to make an accusation under Sections 2(8), 17, 18, 125 and 127, and once appointed to the responsible inquiry team has full power to investigate and gather evidence.

   In an oil-smuggling and money-laundering matter, the Supreme Court held that the police officer had power to make an accusation under Sections 2(8), 17, 18, 125 and 127 after his inquiries showed the plaintiff was a suspect, and that once appointed to the responsible inquiry team he had power to investigate and gather all available evidence under Sections 121, 130 and 131.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.