Until when may the prosecution withdraw the public charge, and in what form must that withdrawal be made?
General information · Not legal advice
Material to check
In practice material of this kind, we check the record of the hearing at which the first-instance judgment was pronounced, the written document by which the prosecution stated its withdrawal together with the reasons, and the courtroom transcript where the withdrawal was announced orally in open court.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading ties the timing to the moment of pronouncement: the prosecution may withdraw the public charge at any time up to before the first-instance judgment is pronounced, and must do so in a written document stating the reasons, though in open court it may be done orally.
Another reading notes that the duty to state reasons is written for the document alone, since the provision says the withdrawal must be 'a written document stating the reasons' and only adds that in open court it may be given orally, so an oral withdrawal in court carries no express duty to give reasons on the record.
Your judgment
If the prosecution announced its withdrawal orally in open court, how could the record show whether any reason was given at all?
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We look at this again if the provision is amended to extend or limit the moment before which the public charge may be withdrawn, or if a court decision states whether reasons must also be given when the withdrawal is made orally.