What must be established to proceed with a criminal case before filing and prosecution?

To proceed with a criminal case, the elements of the crime must be established as a foundational requirement before filing and prosecution can take place. This involves demonstrating that all components as defined by law are present for the specific offense. Each crime has a set of elements that must be satisfied, such as the actus reus (the physical act) and mens rea (the mental state), among others.

Without establishing these elements, there’s no legal basis to initiate a case, as they define what constitutes the offense. This ensures that the prosecution can substantiate their case in court with a clear legal framework. Conversely, while intent, public interest, and prosecutorial discretion are significant factors within the legal process, they do not constitute the primary requirements for the initiation of a criminal case. Elements of the crime provide the essential criteria that must be met to advance the case legally.