Interpretation
J.Y.
Interpretation |
NO. 53
|
| Date |
1955/9/23 |
| Issue |
May the public prosecutor, upon discovering that an accuser made a false and malicious accusation against the accused, initiate a suit to indict him as such, without making non-prosecutorial disposition of the accused? |
| Holding |
1 Where a prosecutor discovers that an accuser made a malicious accusation, the prosecutor should initiate a suit to indict the accuser for the malicious accusation and does not need to make a separate non-prosecution disposition of the person falsely charged. Nevertheless, the prosecutor should issue a non-prosecutorial disposition when the accuser applies in the original suit.
'Translated by Lawrence L. C. Lee.
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