Grounds for Dismissal in case of Criminal Prosecution by Injured Person in the Judgment of the Criminal Court for Corruption and Misconduct Cases, Region 6.

Abstract

The Criminal Court for Corruption and Misconduct Cases was established in accordance with the Act Establishing the Criminal Court for Corruption and Misconduct, A.D. 2016, with the aim of preventing and suppressing corruption and misconduct that impact on social stability and sustainable national development. This court has the authority to consider and adjudicate cases of corruption and misconduct according to the law, allowing the injured person to have the power to prosecute their own case. However, it appears that in cases where the injured person is the plaintiff, most of them were dismissed by the court. Moreover, the court often dismissed cases even at the complaint examination stage. This situation may prevent the injured person from accessing the justice process and fully exercising their rights to prosecution, despite the law granting the injured person full power to prosecution without any provisions limiting their power. The researcher studied the significant causes for the court’s dismissal the case through legal reasoning presented in the judgments of the Criminal Court for Corruption and Misconduct Cases, Region 6. The grounds for dismissal can be divided into 4 groups as follows: 1. The defendant did not commit an offense, or the defendant's actions were not an offense. 2. The plaintiff's complaint was unlawful. 3. Power to prosecute. 4. The plaintiff dishonestly exercised their right to prosecute.