The State Control of Private Prosecutions in Cameroon: The Good, The Bad, and The Way Forward

  • Mbongwe Julius Palle
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  • Mbongwe Julius Palle

    PhD Fellow at University of Dschang, Cameroon

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Abstract

The right of an individual to initiate a private prosecution continues to be of fundamental importance in the Cameroonian criminal justice system in ensuring access to justice by making sure that people who cause them harm are pursued in a court of law without their rights being fettered. However, being a formidable tool in criminal litigation which can be quicker and more effective than other legal remedies available to victims of offences; it can be a veritable weapon of abuse against accused persons. Private prosecution is prone to abuse with the tendency of private prosecutors fabricating evidence or maliciously pressing charges against accused persons. To check these abuses, the state of Cameroon has adopted measures to prevent the misuse of private prosecutions. However, the application of these measures can be counterproductive due corruption and fascism. Nonetheless, the state must continue to fine-tone these measures to ensure sanity in private prosecution while constructing a reliable and robust criminal justice system. This article tries to justify states’ intervention in private prosecutions by highlighting the reasons for the intervention, its effects on the criminal justice system, and the manner of making the intervention more acceptable by the society.

Type

Research Paper

Information

International Journal of Law Management and Humanities, Volume 6, Issue 3, Page 1717 - 1740

DOI: https://doij.org/10.10000/IJLMH.114992

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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