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  • Interpretation
  • No.140
  • Date
  • 1974/11/15
  • Issue
    • When the complainant applies for reconsideration of a ruling nolle prosequi, must the court set aside the original ruling?
  • Holding
    •        When a case is pending in the criminal court, if the prosecutor illegally makes a ruling nolle prosequi on the basis of substantial evidence, if the complainant duly applies for reconsideration of the ruling, the chief prosecutor or prosecutor general of a higher court shall set aside the ruling.   
      
  • Reasoning
    •        When a case is pending in the criminal court, it shall be tried by law. If the prosecutor makes a ruling nolle prosequi on the basis of substantial evidence, the ruling will obviously be illegal and therefore invalid. If the complainant duly applies for reconsideration of the invalid ruling, the chief prosecutor or prosecutor general of a higher court shall correct the error by setting aside the ruling, which may have come into effect nominally.
      
    • *Translated by Lee & LI, ATTORNEY-AT-LAW.
      
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