Who may apply to the collegiate division of the district court for a ruling on whether a prosecution should proceed, and what conditions does the provision attach to that right?
General information · Not legal advice
Material to check
In practice material of this kind we read the paper showing that the person applied as a complainant, the prosecutor's notification that no prosecution would be brought, and the name and seat of the district prosecution office, since the provision ties the right to those documents. Where the required appeal is said to be unnecessary, the file may also hold papers showing which of the three cases the paragraph's proviso lists has occurred.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the conditions together: a person who made a complaint as a holder of the right to complain, and, for each crime the paragraph lists, a person who reported the crime (for the second through sixth items, only a person under a duty to report), may seek a ruling on whether the prosecution should proceed from the collegiate division of the district court that has jurisdiction over the seat of the district prosecution office to which the relevant prosecutor belongs, and once that prosecutor has notified the person that no prosecution will be brought, provided the appeal the provision requires has been pursued first, save in the three cases it lists.
Another reading takes the paragraph's proviso as a set of exceptions rather than a bar on any offence: the appeal it requires need not precede the application where the case has been reopened after the appeal and a further notice of no prosecution is received, where no disposition on the appeal has been made within three months of the application, or where the prosecutor has not prosecuted by thirty days before the limitation period ends.
Your judgment
Where the appeal is said to be unnecessary, what in the file could show that one of the three cases the proviso lists has occurred?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to change who may apply, the crimes listed, or the cases in which the appeal is dispensed with, or if a court decision explains how the required appeal and the filing periods are to be applied.