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Anonymised case study

Harassment: dismissal after promised documents were not produced

A documented situation to understand the criminal process.

Provisional dismissal of proceedings auto examined

The situation

In an investigation into possible harassment, the complaint referred to documentation that could corroborate his account. The court required his contribution to contrast the versions.

What the decision records

With the documents absent and the investigation providing insufficient evidence, the court provisionally dismissed proceedings. The decision allowed for reopening if new indications emerged.

What this helps explain

Announcing evidence does not mean that it is part of the proceedings. The file is explained by the insufficient evidence of this file, without stating that any statement always needs a document to be valid.

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