Legal Question in Criminal Law in
framing of a charge
in section 319 if summoned can a charge be framed if more than 80% witnesses have been examined and there is no evidence against the accused till date?
Asked on 10/03/00, 12:39 pm
1 Answer from Attorneys
Henry J. Legere, Jr.
Law Office of Henry J. Legere, Jr.
Re: framing of a charge
Not sure what exactly you are asking.
A prosecutor/city attorney may charge a defendant with a crime if the charging authority believes a crime was committed. It doesn't matter that 80% of the witnesses can not provide evidence against the accused. The testimony or lack of testimony is a question for the trier of fact not the charging authority. Albeit in a perfert world a charging authority would not bring charges in such a weak case but as you are aware this is not a perfect world.
Answered on 10/31/00, 7:52 am
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