1094
Section141.If the offender is known but he cannot yet be summoned or arrested, when any information has been obtained through an inquiry, an opinion as to whether an order of prosecution or non-prosecution should be given shall be made and sent to a public prosecutor together with the file.
If the public prosecutor agrees that an order of non-prosecution should be given, he shall terminate the inquiry with an order of non-prosecution and notify the inquiry official of this order.
If the public prosecutor finds that the inquiry should be continued, he shall order the inquiry official to do so.
If the public prosecutor finds that an order of prosecution should be given, he shall make any arrangement for securing the person of the alleged offender. If the alleged offender is in a foreign country, the public prosecutor shall arrange for him to be extradited.
Section142.If the offender is known and he is being under custody or detention, or has been provisionally released, or is believed to appear upon being summonsed, the inquiry official shall, according to the merits of the inquiry, make an opinion as to whether an order of prosecution or non-prosecution should be given and sent it to a public prosecutor together with the file.
