This article is intended to enlighten you with all the laws and rules related to the concept and the difference between acquittal and dismissal. In addition, a person who has received a dismissal order may convert it into an acquittal by appealing to a court of appeal. The Court of Appeal will make such an order if the defendant is satisfied that he is entitled to an acquittal and not just to a simple dismissal. This happened in the case of DROVE V STATE (2019). In this case, the defendant received a dismissal order from the District Court. Because he was not satisfied, he appealed to the High Court. The High Court overturned the decision of the Court of First Instance and declared the defendant entitled to be acquitted. Redress in the legal sense is also used in the term civil law with respect to the performance of contractual obligations. It is about acquittal and dismissal within the meaning of criminal justice. 5. Discharge may be granted administratively.
It is not necessarily a court order. For example, while an accused person is in police custody until he or she is investigated, released on bail, charged or tried, the police administration may release him or her for lack of sufficient evidence. 7. In a court of first instance, a dismissal order may be converted into an acquittal decision. This means that a person who has been dismissed from a criminal complaint can subsequently obtain an acquittal order from the same court of first instance and even on appeal to a court of appeal. 4. An acquittal order has the effect of declaring the accused innocent, while a dismissal order does not presume the innocence of an accused person. In fact, he is still a suspect, and further investigations and arrests could be opened against him in connection with this case. In fact, it is a fundamental right recognized in Article 36 (9) of the Constitution of the Federal Republic of Nigeria of 1999. This article stipulates that a person who has been tried by a court competent for a criminal offence shall not be tried again for the same offence which has the same element. 6.
The accused person may be released before the start of his trial and even before the indictment is issued, whereas an acquittal order is issued only after the main proceedings have been fully heard until the final verdict. On the other hand, an exoneration order is made when the court concludes that, although the prosecution has failed to prove the guilt of the accused beyond any doubt, as required by law, there are still circumstances or certain elements that speak against the defendant, but it is uncertain and in the interests of justice not to convict or acquit him at this time. In accordance with article 227 of the Code of Criminal Procedure, after examining the files of the case and the documents submitted in the context of the case and after hearing both parties, the judge considers that there are insufficient grounds to continue the proceedings against the accused, the defendant is dismissed. A dismissal means that the person is dismissed by the court without further action. But they will still have a criminal record. · The fact that the accused has been released does not mean that he did not commit the crime; It simply means that there is not enough evidence to continue the study. More importantly, if additional evidence is discovered later, the defendant may face a new trial. Relief can be combined with a withdrawal order, payment of damages or court costs. The acquittal makes it clear that the defendant will be found innocent by a competent court.
An exoneration order does not convict a defendant as innocent, so the court prefers to issue an exoneration order and not an acquittal for any circumstance that causes the case not to be fully heard until the final verdict is rendered. c. The relief may be administrative in nature. It may or may not be a court order. For example, while an accused is in police custody until there is an investigation, bail, indictment or trial, the police administration has the power to release him for lack of evidence. An acquittal order, on the other hand, is strictly speaking a court order. An accused can only be acquitted by a court. In India, the Code of Criminal Procedure of 1973 regulates criminal law. It gives the court the power to acquit or release the person arrested for the alleged crime.
An acquittal is a judge`s decision that the accused is not guilty of the crime committed against him. The exemption, on the other hand, refers to the release of a person due to a lack of sufficient reasons to pursue the case. Difference between acquittal and exoneration: Dismissal and acquittal are terms used in the criminal justice system to indicate that an accused has been exonerated from a criminal complaint against him.