Answer to Question #199528 in Law for Gugu

Question

Discuss the phrase ‘the prosecution as dominus litis’

Answer 1

The concept of dominus litis is a reference to the authority of the prosecution to determine whether to institute a prosecution; what charges should be and when and where the trial should be conducted. In notion of dominus litis, the prosecution can do what us legally permissible to set criminal proceedings in motion. Dominus litis is the person to whom a suit belongs. This also means master of a suit. The person has real interest in the decision of a case. It is this person who will be affected by the decision in a case. This person derives benefits if the judgment is in favor, or suffers the consequences of an adverse decision. The term is also applied to one who, though not originally a party, has made oneself such, by intervention or otherwise, and has assumed entire control and responsibility for one side, and is treated by the court as liable for costs.