Introduction
In the legal framework of criminal law, there are two important terms that can sometimes be confusing: “preservation ” and “dismissal” of a criminal lawsuit. We will explain these terms simply to better understand them.
What is preservation?
Preservation is an administrative decision issued by the public prosecution based on an evidentiary record. It suspends the prosecution of a criminal lawsuit before the court without dismissing it. This decision is made in accordance with Article 118 of the Federal Code of Criminal Procedure. Crucially, there is no specific deadline for appealing this decision because the public prosecution does not notify the complainant of the preservation.
What is a Dismissal of a Lawsuit?
A dismissal of a lawsuit is a judicial decision that is immediately legally binding. It prohibits all proceedings in criminal cases and related investigations. If a lawsuit is filed after such an order, the court must reject it. Importantly, both the complainant and the injured party have the right to appeal this decision within ten days of its issuance.
Expert Opinions
Expert Nada Al-Maawi, Head of the Consultations Department, stated: “Preservation and dismissal are important concepts in criminal law. Individuals must understand the difference between them to effectively handle legal matters. A preservation represents a temporary suspension of the lawsuit, while a dismissal prohibits any action in the case. Therefore, the impact of each decision on rights and procedures must be correctly understood by both the affected parties and lawyers.”
Expert Ahmed Saber, Head of the Litigation Department, adds: “A dismissal of the lawsuit is a judicial decision that should be taken seriously, as it directly affects the course of the case. Individuals have the right to appeal this decision, and lawyers must accompany their clients throughout this process to fully protect their rights. It is also essential to consider the available options in the case of a preservation.
Conclusion
In summary, individuals must understand the difference between preservation and a dismissal of a criminal lawsuit because this understanding has an impact on legal procedures and rights. If you receive a dismissal of your lawsuit, you must consider the available options. If a preservation is issued, the complainant can file a civil lawsuit to claim compensation for damages, but it is essential to adhere to the specified deadline for such actions.
Simply put, comprehending the distinction between a preservation and a dismissal of a criminal lawsuit helps in effectively navigating legal procedures and preserving rights.