The difference between initiating a criminal case through a direct misdemeanor and initiating it through a police report, and which is better?
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Is it better to file a misdemeanor of trust delivery through a police report - an indirect misdemeanor - or through a direct misdemeanor? To answer this question, we explain what a direct misdemeanor is? We show the difference between it and an indirect misdemeanor - the report - then we show the advantages and disadvantages of each method. The rule is that the Public Prosecution is the one who initiates the criminal case. The exception - the legislator - in addition to the Public Prosecution - gave whoever was harmed by the crime - that is, the authority of the harmed person and not the victim - the right to initiate the criminal case as well. It is called a direct misdemeanor because it does not pass before being filed with the Public Prosecution. Its approval took into account the psychological satisfaction of the person harmed by the crime, and it is also a type of control over the work of the Public Prosecution - that is, reducing the severity of its monopoly on initiation. The conditions for a direct misdemeanor are three: 1- A direct misdemeanor is only for misdemeanors and violations, except for what is excluded by a special text, such as crimes committed abroad and crimes committed by public employees, except for Article 123. 2- The criminal case has not been previously filed (the case is brought to court by the Public Prosecution - an order is issued stating that there is no reason to file the case, here the order is appealed). 3- The civil and criminal cases have met their conditions. Advantages and disadvantages: 1- When the case is brought against him by way of direct prosecution, the accused may appoint - at any stage of the case - an agent to present his defense, without prejudice to the court's right to order his personal attendance. 2- Abandoning the civil case... The civil claimant's failure to attend despite being notified... The principle is that it does not affect the criminal case... However, in the direct misdemeanor, abandoning the civil case results in abandoning the criminal case unless the Public Prosecution sees fit to adjudicate it. 3- The direct committee requires knowing the address of the accused and notifying him of it. 4- The direct committee does not include any evidence, so evidence must be established to prove the validity of what is stated in the direct misdemeanor document. 5- The best way to use the direct prosecution method is when the Public Prosecution preserves the report, and the injured party’s means of obtaining his right is to initiate a criminal lawsuit through direct prosecution.
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