Ali Shokrane
posted 3 years ago
Is it an enforceable contract to withdraw private prosecution charges for payment?
An individual commits a crime against someone. The victim follows the private prosecution path and files a charging document against the perpetrator. The accused offers to settle the case with a payment which was eventually accepted. Would this contract be legal and enforceable in New Zealand?
Country
  • New Zealand
Fields:
  • Contract
  • Criminal Litigation
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ali_shokraneh0.s87
Lawyer
posted 3 years ago
It is not similar to a civil settlement. Once criminal charges are filed, the plaintiff is the government and it cannot be resolved only between the accused and the victim.