Preservation Order

Preservation Order (Revocation – Authority to Revoke) – Public Order (Authority to Revoke a Preservation Order)
Pursuant to Articles 121 and 128 of the Criminal Procedure Law, the Public Prosecutor is primarily vested with the authority to revoke a preservation (dismissal) order in order to correct any legal error or misjudgment that may have affected the decision issued by members of the Public Prosecution. Article 128 further grants this authority to the Assistant Public Prosecutor, as a person acting on behalf of the Public Prosecutor.
Verifying the capacity of the person revoking the order—or whether they are legally empowered to do so—is a matter of public order. Any violation of this requirement renders the judgment subject to reversal.
Appeal No. 825/2016