The Effect of The Appeal on The Order That There Is No Basis for The Criminal Proceedings

Abstract

The subject of the effect of appealing a decision of "no grounds for prosecution" addresses multiple important branches related to the removal of the binding effect of the "no grounds" order. The only way to achieve this removal is by appealing the decision, for which the legislator has established specific conditions, including both formal and substantive conditions for accepting the appeal. In addition, the research addresses who has the right to appeal the "no grounds for prosecution" order, namely the Public Prosecution, the Indictment Division, the victim, and the civil claimant. It also discusses the importance of the body before which the appeal should be filed, which is the Court of First Instance located within the jurisdiction of the body that issued the appealed order. Furthermore, the appeal's cancellation results in significant consequences, most importantly the suspension of the order's execution.