When considering the charges the prosecutor decides, on the basis of the material compiled during the pre-trial investigation, whether prosecution is warranted. The prosecutor must evaluate if an act fulfils the essential elements of an offence and secondly if, on the basis of the material compiled during the pre-trial investigation, there is probable cause to support the suspicion of guilt, in other words the existence of sufficient evidence. If the prosecutor finds sufficient evidence, he/she must decide whether or not to bring charges in the matter in a court of justice. With certain conditions as set out in law the alternatives to pressing charges are issuing of a summary penal judgment or decision to waive prosecution.
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