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When is "pressing charges" mandatory?

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  • 04-10-2019 8:50pm
    #1
    mr_fegelien
    Banned (with Prison Access) Posts: 1,483 ✭✭✭


    I was led to believe "pressing charges" is actually a myth and the prosecutor/state brings a charge against an individual for a crime but what about things like theft? I know a lad who stole from his family and the gardai said that it was at the parents discretion whether to bring charges against him.

    Is this true only up to a certain point? What if someone seriously injured a family member, went to the hospital, they told the staff and the staff called the gardai but they refused to press charges? Will the assailant go free or will the state press charges anyway?


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    #2
    HeidiHeidi
    Registered Users Posts: 28,812 ✭✭✭✭HeidiHeidi


    With theft, you need an owner of the property to state in court that they didn't give permission for the accused to take whatever was allegedly stolen. If the parents won't do that, you don't have a case.


    In the assault case, if the injured party will state in evidence that the family member assaulted them, then you potentially have a case.


    Basically, can you prove (as in, have you the legal proofs, depending on the charge) your case in court?


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    #3
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    The person who decides to charge is the prosecutor, no one else.

    The important element in deciding to bring charges is the nature of the crime, the evidence available and the likelihood of a successful prosecution.


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    #4
    splinter65
    Registered Users Posts: 9,420 ✭✭✭splinter65


    A private individual “Pressing charges” is an American thing and not applicable here, thank God.


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    #5
    GM228
    Registered Users Posts: 8,925 ✭✭✭GM228


    splinter65 wrote: »
    A private individual “Pressing charges” is an American thing and not applicable here, thank God.

    It's permitted in some US states for minor crimes, however you may want to save your thanks to God, a private person can also initiate a prosecution here.


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