Private criminal prosecutions in New Zealand
are rare. For a start they require a
complainant with the strength of his or her
convictions and normally a refusal by the
Police to prosecute. Of course the Police
don’t have to be involved, a private person
can prosecute an “offender” without having
involved the Police at all.
Before bringing a prosecution the
complainant needs to be make sure the case
is fully investigated. This may mean
instructing a Private Investigator. The file
and evidence should then be reviewed by an
independent person, most appropriately the
lawyer the complainant will instruct to
prosecute the case. Private prosecutions
taken by complainants acting for themselves
bring risks of non compliance with Court
procedures and rules and ultimately failure
and a costs award. Costs can be ordered
against an unsuccessful prosecutor under
the costs in Criminal Cases Act, however
they are not awarded just because the
accused is finally acquitted, there must be
more justification than just losing.作者: 闪亮男孩 时间: 2013-5-7 20:53:25
或者另一个可能是
Sue the “offender” in the civil
jurisdiction of the Court for a
personal wrong under the
Common Law system of Tort. This
is only available where the
offending has a personal nature to
it for instance, assault. It would not
be available if the offending was
against a Third Party. Again
expensive and time consuming
with no guarantee of success in
the end. Costs become relevant in
the civil court if you lose. Also the
question of penalty becomes
problematic. A Civil court cannot
impose a fine or imprisonment for
example