Private prosecution is the right of the victim of an offence to take part in criminal proceedings, independently of the Public Prosecutor, in order to drive the case forward and defend their interests.
This allows the victim to:
Play an active role in the proceedings.
Request investigative measures.
Claim compensation for damages.
Request precautionary protection measures.
Ensure their voice is heard in the proceedings.
It is not mandatory, but it is advisable: it allows the victim to have a lawyer who defends their interests exclusively, without depending on the prosecutor's strategy.
What are the advantages?Greater control over the proceedings, the ability to propose evidence, and a stronger guarantee that all damages suffered will be claimed.
Can I be a private prosecutor even if I am not the direct victim?For some offences, family members or heirs may also act as private prosecutors in defence of the victim.
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