Decision on the Initiation of Criminal Proceedings: Is it Necessary to Specify the Exact Article?
Based on Clause 1, Article 154 of the 2015 Criminal Procedure Code, which stipulates as follows:
A decision to initiate a criminal case must clearly state the grounds for prosecution, the articles, and clauses of the Criminal Code being applied, and the contents specified in Clause 2, Article 132 of this Code.
Thus, according to the above regulation, the decision to initiate a criminal case must clearly state the grounds for prosecution, the articles, and clauses of the Criminal Code being applied.
Example: If initiating a case for the crime of Threat to Murder under the 2015 Criminal Code, it is necessary to clearly state the grounds for prosecution, whether it is Clause 1 or Clause 2 of Article 133 of the 2015 Criminal Code, and meet the elements outlined in Clause 2, Article 132 of the 2015 Criminal Procedure Code.
Sincerely!
