Getting into a trouble and filing a case against anyone can be very draining to everyone’s part especially that it does not only exhaust one’s financial resources but also one’s emotional and psychological energies. For others that change their mind in pursuing the filed case, the may file an Affidavit of Desistance. An Affidavit of Desistance is a written statement under oath by the complainant stating that he/she is no longer interested in pursuing the complaint or criminal case against another person. The complainant will no longer assist in prosecuting the other person by not giving either evidence or testimony. The Affidavit of Desistance is filed before the office or court where the complaint is pending or being investigated.
However, please note that merely filing the Affidavit of Desistance does not automatically dismiss the complaint or criminal case. The decision to dismiss the complaint or criminal case ultimately lies with the investigating officer or the judge. In making forms for this, since it involves legalities and other factors that contribute to its complexity, you might be needing a ready-made yet customizable template for this concern. To help you with this, our site is offering you Affidavit of Desistance templates.
This article will not only provide you with templates that are useful for you but also give you information or details that you might want to consider in making your affidavit. So come, explore the rest of the articles with me!
The common misconception about the affidavit of desistance is that it can bar someone from pursuing a criminal case. In theory, it serves as a waiver of one’s right to pursue civil indemnity. If the complaint is made after the institution of a criminal action, the affidavit cannot justify the complaint’s dismissal.
1. Factual Desistance-this type of desistance refers to the actual desistance of the actor, made after the crime’s attempted stage. In this case, the actor is still considered criminally liable for the attempt.
2. Legal Desistance-The desistance, in law, obviates criminal liability unless preparatory or over act has already been committed in themselves constitute a felony other than what the actor intended.
An Affidavit of Desistance is needed when you’re no longer interested in pursuing a complaint or criminal case against another person. You may wish to desist from the complaint or criminal case for a variety of reasons, such as:
In such cases you file the Affidavit of Desistance to show the investigating officer or judge that you are no longer interested and want to have the complaint or criminal case dismissed.
To create your Affidavit of Desistance you’ll need the following minimum information:
An affidavit of desistance cannot justify dismissal of the complaint if made after (and not before) the institution of the criminal action.
An Affidavit of Desistance is needed when you’re no longer interested in pursuing a complaint or criminal case against another person. You may wish to desist from the complaint or criminal case for a variety of reasons, such as: You have already amicably settled with the other person.
Making this affidavit form must be a very difficult job especially that you need to deal with the legalities and technical terms that should be used. That is why it is highly encouraged to avail the ready-made yet customizable templates that you can see online. So come, avail our free templates now!
