At the District Prosecutor’s Office
The District Prosecutor will issue an indictment if they consider what has emerged in the case to be sufficient or likely to lead to the perpetrator being found guilty before the court. If it is not sufficient or likely, they will dismiss the case.
When deciding whether to issue an indictment, the prosecutor must have in mind that all uncertainty regarding guilt is not to the victim’s advantage.
One District Prosecutor, eight district courts
The District Prosecutor prosecutes across the entire country. However, there are eight district courts for eight different areas (in ice.). Usually, the case will be pleaded where the perpetrator lives. Sometimes the case is processed in the district court where the offence took place.
If the District Prosecutor issues an indictment
What is the charge for?
It may surprise you what the District Prosecutor decides to charge the perpetrator for. It depends on the legal provisions for which they are being charged and what the prosecutor considers possible to prove before the court.
The accused becomes the defendant
The perpetrator is called “the accused” (ice. sakborningur) from the beginning of the investigation and is called “the defendant” (ice. ákærði) if the case is brought before the court.
If the District Prosecutor dismisses the case
If the case doesn’t make it any further in the system, that does not at all mean that the violence did not occur - absolutely not. The main role of the justice system, police, and courts of law is to look at the data in criminal cases in an impartial manner. In the vast majority of cases, these institutions are simply not permitted to interpret the facts of the case on any other basis.
Dismissal appealed to Director of Public Prosecutions
A case dismissal, whether by police or the District Prosecutor, can be appealed to the Director of Public Prosecutions. Then the case data is reviewed again by a prosecutor at the Office of the Director of Public Prosecutions.
If it comes to that, your legal rights protector will assist you with the next steps. Then the case data is reviewed again by a prosecutor at the office of the Director of Public Prosecutions. The Director of Public Prosecutions can either repeal the decision or uphold it.