Judicial supplementary investigation and crime impunity

Abstract

In light of the crime wave currently affecting the country, it is essential to address this issue from multiple fronts, with the aim of eradicating it or at least mitigating its effects. In this regard, the justice system must be equipped with clear and effective rules designed to combat impunity. Under our criminal procedural system, it is possible to order a supplementary investigation when the prosecutor requests case dismissal, subject to an objection from the parties involved or when ordered by the senior prosecutor upon elevation of the case files. In such situations, the role of the judge is almost passive. Therefore, it is necessary to grant the judge the authority to directly order such a supplementary investigation in cases where they reasonably disagree with the dismissal request, clearly specifying the actions the prosecutor must undertake and the time frame for completion. The method employed was documentary analysis, leading to a conclusion consistent with our research objective.