Law:The Malicious Prosecution Act of 1993

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16RC13

The Malicious Prosecution Act of 1993

Wrongful prosecution consists of prosecution characterised by malice, damage, and absence of probable cause. In the event that a person is wrongfully prosecuted, the person may initiate a Malicious Prosecution suit against the person who wrongfully prosecuted him. A Malicious Prosecution suit may be initiated if either a) The person prosecuted is acquitted, or b) The courts refuse to hear the case at all, due to the intended prosecution having no reasonable chance at a successful conviction. To prevail, the plaintiff must prove a) MALICE (that the principal purpose of the original prosecution was to harass, or was frivolous, or generally was something other than the desirable end of bringing an offender to justice--malice can be inferred from a lack of probable cause); b) DAMAGE (that he has sustained damages affecting his reputation, his liberty, or his property; the damages must involve aloss of time or money); c) ABSENCE OF PROBABLE CAUSE (that circumstances never existed which would warrant an ordinary prudent person to believe he was guilty of the supposed offence). Monetary or other constitutional damages may be levied upon conviction for Malicious Prosecution.

Proposed by: Robert Madison (PC-Vuode)



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