Article 141: Known offender not yet arrested

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 1172/2566 (2023)

   A prosecute or non-prosecute opinion is made once the responsible inquiry official sees the investigation as complete, and may be formed before charging where the offender cannot yet be summoned or arrested under section 141 paragraph one.

   The court explained that under sections 140 and 141 paragraph one, an opinion on prosecution may be formed before charging, such as where an offender has fled, and on that basis the special-case inquiry official properly formed an opinion to prosecute the corporate defendant and the absconding individual in order to summon the corporate representative for charging.

2. Arrêt de la Cour suprême n° 13849/2553 (2010)

   Where the plaintiff has a duty to take steps to secure the accused, a prosecution filed without the accused present, relying on a separate case, cannot be accepted.

   Applying section 141 paragraph four through the special IP and International Trade Court procedure, the court held that because the plaintiff had a duty to take some action to secure the defendant, it could not file this case without the defendant present by relying on the defendant already being within the court's power in a separate case; refusal to accept the plaint was correct.

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