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MALICIOUS PROSECUTION

AI-generated Abstract

The concept of malicious prosecution involves the initiation of criminal or bankruptcy proceedings against an individual without just cause, which seeks to balance the right to bring criminals to justice against protecting innocent individuals from false accusations. The prosecution is deemed to commence only when formal summons is issued, and various elements such as proof of damages, loss of personal security, and the burden of proof on the claimant are explored through cited legal cases. The paper examines the implications of malicious prosecution through case law, highlighting the responsibilities of both public and private individuals in initiating legal actions.