IF THE PROSECUTOR THINKS AFTER FILING A CASE, THAT A PRIMA FACIE CASE DOES NOT EXIST, CAN HE REFUSE

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Category: Criminal Procedure

IF THE PROSECUTOR THINKS AFTER FILING A CASE, THAT A PRIMA FACIE CASE DOES NOT EXIST, CAN HE REFUSE TO PROSECUTE?

> No, he cannot refuse to prosecute
> He is obliged by law to proceed and prosecute the criminal action
> He cannot impose his opinion on court
> At most, he could file a Motion for Reinvestigation or a Motion to Withdraw Information
> Serapio v. Sandiganbayan: the court may order the dismissal of a case  if  it  finds  the  absence  of  probable  cause  (essence  of  the control of the court)