Indictment from the Public Prosecution

Indictment from the Public Prosecution

The indictment from the Public Prosecution is one of the most dangerous stages of a criminal case, as it represents the actual transition from the investigation stage to the trial stage, and the direct legal effects it entails that affect the status and rights of the accused. 

Many questions arise about this regulation: When will it be issued? What are the facts and charges they contain? Does its issuance mean proof of guilt?

Accurately understanding the indictment helps the accused understand his legal position and prepare properly for the defense, especially since any error at this stage could affect the entire course of the case.

What does indictment mean?

It is a decision issued by the Public Prosecution proving that the accused has committed a crime punishable by law, specifying the description of the crime or act committed by the accused, mentioning the legal text applied in this incident, and requesting that the accused be referred to the criminal court for trial.

What are the basic data in an indictment from the Public Prosecution?

An indictment form in criminal cases must contain the following basic data:

• Name of the accused and his personal data.
• Name of the victim and personal information.
• Place and date of the crime.
• At the time of committing the crime.
• The method of committing the crime and the tools used, if any.
• List of seizures and their description.
• Reasons and motives for committing the crime.
• Evidence, documents, and testimonies of witnesses, whistleblowers, and experts in the crime.
• Regulatory texts and penalties prescribed for the crime.
• Signature of the Chief Public Prosecutor or his deputy.

When is the indictment issued?

When is the indictment issued?

The indictment is issued by the Public Prosecution after the completion of investigation procedures in criminal cases.

What is the difference between a lawsuit and an indictment?

The Public Prosecution is responsible for preparing the case list and indictment in all criminal cases, and they are placed in the accused’s case file.

The difference between them is that the indictment is recorded by the crime investigator after the investigation procedures with the accused are completed. Indictments in criminal cases are reviewed and approved by public prosecution officials based on the investigator’s actions.

While the lawsuit list is a legal memorandum prepared by the public prosecutor to be submitted before the criminal court hearing the case, the list includes details of the crime and facts and a request to impose a deterrent punishment on the perpetrator.

As criminal proceedings become more complex, having an experienced criminal lawyer becomes a necessity rather than an option, especially when an indictment is issued and the resulting hearings and trials.

Does the issuance of an indictment by the Public Prosecution mean conviction?

The criminal court alone has jurisdiction to convict or acquit the accused based on the evidence presented and the circumstances and conditions of the crime. 

The indictment from the Public Prosecution is an administrative procedure carried out by the investigator to refer the case to the criminal court.

If the case is not referred to court, the criminal case file is kept in the prosecution and no action is issued against the accused.

What is the response to the indictment?

A criminal lawyer is responsible for reviewing the indictment issued against the accused, verifying the validity of the investigation procedures and the documents and evidence submitted, submitting an objection to the head of the Public Prosecution Department when any errors or arbitrariness are discovered in the procedures, and demanding the release of his client.

If the criminal case is referred to court, the lawyer’s task is to respond to the list of cases submitted by the Public Prosecution and submit a response memorandum containing the following information:

• Name of the criminal chamber hearing the case.
• Case number and date.
• Subject of the case.
• Prosecutor’s data “Public Prosecution”
• Defendant “accused” data
• Details of the incident under accusation and a precise description of it.
• Respond to all charges and claims contained in the regulations.
• Defending the rights of the accused and clarifying his point of view and circumstances when committing the crime.
• Mentioning the accused’s requests, such as reducing the sentence or dismissing the public prosecutor’s lawsuit on all or some of the charges.

The right defense in criminal cases at the right time makes the difference.

Do not leave your fate to interpretations or general information, and be sure to appoint a criminal lawyer from the office of Lawyer Abdul Majeed Al Rashid who will provide comprehensive legal support in all stages of the criminal case, including:

• Study the indictment and analyze the charges against the accused.
• Providing legal advice in criminal cases.
• Preparing memoranda, defenses and legal objections.
• Attending sessions and pleading before criminal courts.
• Follow up on investigations and procedures with the Public Prosecution.
• Appealing judgments, filing appeals and cassation.
• Representing the accused and ensuring the preservation of his legal rights.