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Italians pay off fishermen's kin, but case will go on


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Bigtribe
How Can Case Go On If Victims Withdraw?
by Bigtribe on Apr 25, 2012 03:26 PM  | Hide replies

What kind of law is this:
Dispute or case cease to exist if the victims agree in public that they do not want to proceed further in the case....


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Batao Na
Re: How Can Case Go On If Victims Withdraw?
by Batao Na on May 29, 2012 07:18 PM
This is not a sharia Law that you can pay blood money and withdraw,
Under Common Law all over the world prosecution is state responsibility and victim and kins have no right to interfere accept the fact that they can ask for judicial redress if they feel that state prosecutors fails to get the accused prosecuted.

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Batao Na
Re: How Can Case Go On If Victims Withdraw?
by Batao Na on May 29, 2012 07:21 PM
Under common law ( followed in India , UK , Australia , USA and most of the countries) dispute in criminal case does not cease whatever victim or his kin says. That applies only to civil cases and not for criminal case.
Prosecution is responsibility of state and in case the accused does not have adequate defense then also it is states responsibility to make a defence lawyer available without which case can not proceed.
This is the reason Indian state made a lawyer available to Kasab for defense.

This may sound strange to people from middle east and Pakistan who follow sharia law where cases can be settled by blood money.

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