Victim’s Request to Withdraw Complaint Affects Prosecutor’s Jurisdiction
Article 3. The Prosecutor, Special Division for Criminal Cases No. 3, is Mr. Daeng, the defendant, charged with offenses under Sections 353 and 354 of [UNCLEAR] which constitute mitigating circumstances. Mr. Khiao requested to be joined as a plaintiff. The court sentenced Mr. Daeng to imprisonment. Mr. Daeng appealed, and the Court of Appeal sentenced him to 1 year and 6 months. Mr. Daeng petitioned the Attorney General to certify the factual issue, and the Attorney General signed the certification. The Supreme Court then took the case for consideration, and the Court of Justice accepted the case for consideration. During the consideration by the Court of Justice, Mr. Khiao filed a motion requesting that Mr. Daeng pay compensation and continued to prosecute Mr. Daeng criminally, therefore requesting the withdrawal of the lawsuit. The initial court dismissed the withdrawal request and stated that it did not object.
Regarding whether the withdrawal request of Mr. Khiao would affect the court’s judgment, the answer is that this is a case where the victim requests to be joined as a co-plaintiff in a case where the Prosecutor has filed charges under the Criminal Procedure Code. Mr. Khiao will then request the court to dismiss the Prosecutor’s lawsuit as the plaintiff, as provided in Section 30 of the Criminal Procedure Code.
Therefore, if Mr. Khiao continues to pursue legal action against Mr. Daeng, he must withdraw his complaint.
[5 Points] The fact that Mr. Khiao filed a motion requesting that Mr. Daeng use funds to continue prosecuting Mr. Daeng criminally, and therefore requesting the withdrawal of the lawsuit, indicates that Mr. Khiao, the victim, desires that Mr. Daeng, the perpetrator, be punished. This is a withdrawal of the complaint.
The right to bring a criminal lawsuit is suspended under the Criminal Procedure Code. Therefore, the Court of Justice must order the case to be dismissed from the court records. [5 Points]