Settlement in a Criminal Case?

Credit goes to google.com for this image.

It is not uncommon to us that most of the criminal cases filed in courts, before they reached a full-blown trial stage, they were settled by the parties. As a consequence, those cases were dismissed.

Is this really the case?  Criminal Cases, can they be settled?

It is not.  They cannot be settled.

A criminal case, when filed in court, it is not the victim who would stand as the complainant against the offender or the accused.  It is the people for that matter, for instance People of the Philippines, that files the case in court.  The victim, on the other hand, would only serve as a complaining witness/es to prove the allegation.

In short, it is the State which files any criminal case. 

Because of this, a criminal case filed in court is deemed not for settlement.  The State cannot just enter into compromise between the accused criminal without jeopardizing the welfare of its citizenry.  

However, the State cannot prohibit any victim to enter into settlement with regards to the CIVIL ASPECT of the case with the accused.  This civil aspect of the case involves the CIVIL LIABILITY of the crime charged.  This civil liability may be in a form of damages or the legal costs and fees the victim suffers in filing the case.

When the victim and the accused entered into settlement, what has been settled is the civil aspect or liability of the case.  It is not the criminal charge that has been settled.

Notwithstanding the settlement of the civil aspect of the case, the State may still proceed in prosecuting the crime. 

However, considering that the victim is the primary witness of the State to prosecute the crime and considering further that the civil aspect was already settled, the victim would have no more interest to continue prosecuting the same.  Thus, due to the lack of interest of the victim to pursue prosecuting the crime, the State losses its vital and primary witness against the accused.  In this case, the criminal charge shall be dismissed.

Hence, the criminal case may be dismissed not because due to the settlement of the civil aspect but due to the lack of interest of the victim to pursue prosecuting the crime against the accused.

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