Article 28: Who may prosecute a criminal case

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 1220/2567 (2024)

   A member of the public who loses property through public fraud under Penal Code Section 343 is directly injured and may prosecute the offence in person as an injured person.

   Although public fraud is an offence against the State, each person who lost property through the deception is directly harmed and is therefore an injured person entitled to prosecute in person under Section 28(2). The plaintiff had standing to bring the case.

2. Arrêt de la Cour suprême n° 3620/2566 (2023)

   Offences against the duties of a public office harm only the State, so only the public prosecutor may prosecute them under Section 28(1); a person not personally injured has no standing.

   The offences charged under Penal Code Sections 151 and 157 harmed the State only and did not affect the plaintiff's own rights. Prosecution was the public prosecutor's function under Section 28(1), and the plaintiff, who sued in an official capacity rather than personally, was not an injured person.

3. Arrêt de la Cour suprême n° 660/2565 (2022)

   Moving official survey boundary markers is an offence against the State that only the public prosecutor may prosecute under Section 28(1); a private person may sue only if specially injured.

   Unauthorized moving of survey markers is an offence against the State prosecuted by the public prosecutor under Section 28(1). Even though the plaintiff claimed the markers were moved into his land by about 6.3 square wah, he was not treated as a person injured by the offence and lacked standing.

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