Prosecutor’s Charges Dismissed; Plaintiff’s Attempted Murder Claim Proceeds
The plaintiff’s prosecutor filed charges against Mr. Kiao for causing grievous bodily harm, but due to a procedural defect in the prosecutor’s case, the court dismissed the charges. During this time, Mr. Liew, the plaintiff, filed charges against Mr. Kiao for attempted murder. Following a preliminary examination, the court determined that the case had merit. Case number two, Mr. Kiao contested the charge, arguing it was a frivolous claim. The court ruled that it was not a claim for damages because the case filed by the prosecutor was still pending appeal and a final judgment had not been rendered in the offense prosecuted under the Criminal Procedure Code [Article 39(4) 299/2507].