From a 3rd party to this conversation .... Very interesting, I was unaware. Please correct my interpretation where needed.
So an individual may file a complaint, but only a prosecutor can file charges? In this context, the charges would be an “action” in criminal court?
How does that work with grand juries?
How does that work with civil lawsuits?
You’re close, Tax, but to clear up the confusion I’d drop the word “file.” If you call the cops and orally tell them a crime occurred you haven’t “filed” anything. Also ditch the synonym for reporting a crime: “press charges.” You can report the crime, but there will be no court case unless the prosecutor chooses to file a complaint with the court. By the same token, sometimes, especially in cases of domestic violence, the prosecutor will file a court case even if the victim doesn’t want them to.
To use common phrases, I’d put it this way “Anybody can report a crime, but only a prosecutor can press charges by commencing a criminal court case.”
Grand juries only deal with the cases that are brought to them. Once they issue an indictment, it is filed with the court by the prosecutor, because only the prosecutor has standing to start a court criminal case. Civil is completely different: anyone who has a claim has standing to file a lawsuit in his own name.