Witness Failure to Appear and Defendant’s Potential Acquittal
The same witnesses are identified. Furthermore, the plaintiff themselves was permitted to subpoena witnesses before the court, without the need for the Prosecutor to request an order, and the court ordered this. If it appears that (1) the Prosecutor requested the court to issue a summons for the witness, and the plaintiff agreed to bring the witness to court, then there is no need for the Prosecutor’s request, and on the date set for the examination of witnesses, the witness does not appear; or (2) the Prosecutor did not request a summons for the witness, and on the date set for the examination of witnesses, the witness does not appear; in either of these cases, the court may acquit the defendant.
(1) In the case where the fault lies with the plaintiff themselves for not bringing the witness to court, and is not a fault of the Prosecutor, there is cause to proceed with the case according to Section 179, paragraph 2 of the Criminal Procedure Act, the court will ; or (2) In the case where the fault lies with the plaintiff and the Prosecutor has no witness to appear on the date set for the examination of witnesses, the court may acquit the defendant.