Complainant, Prosecutor, Defendant: Understanding Who Is Who In A Criminal Case
Why the Roles in a Criminal Case Matter
WHEN people hear “court case,” they often assume everyone involved is either an “accused,” a “suspect,” or a “criminal.” But in criminal law, each person plays a distinct role — and misunderstanding these roles leads to confusion about how justice actually works.
A criminal case is not a free-for-all. It is a structured process with clearly defined positions: the complainant, the prosecutor, and the defendant.
The Complainant: The Reporter, Not the Prosecutor
The complainant is the person who brings the issue to light. This is usually the victim or someone affected by the offence. Their job is simple:
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Report the wrongdoing
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Give a statement
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Provide information when required
But once the police take over or the matter moves to court, the complainant does not control the case. The case becomes a matter for the state, not a private individual. They cannot decide to “withdraw” a serious criminal case at will.
The complainant starts the fire, but they do not control the flame.
The Prosecutor: The State’s Advocate
Many people wrongly believe the complainant is the one “prosecuting.” Not true.
The prosecutor is the trained lawyer who represents the state in court. In criminal law, the case is officially:
The State vs. The Defendant
Why? Because crime is seen as an offence against society, not just the person harmed. The prosecutor’s duties include:
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Presenting the evidence
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Calling witnesses
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Arguing the law
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Proving the offence beyond reasonable doubt
They do not act on personal emotions or private interest — they act on behalf of the public.
The Defendant: Innocent Until Proven Guilty
The defendant is the person accused by the state of committing the offence. Before the matter gets to court, the police may call them a suspect. Once in court, their official title changes to defendant.
Crucially, the law presumes: A defendant is innocent until proven guilty. They have rights, legal representation, and a chance to defend themselves.
Putting It All Together
A criminal case follows a clear structure:
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The complainant reports the offence
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The prosecutor proves the case for the state
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The defendant answers to the allegations
These roles are separate, intentional, and essential for justice. So next time you hear “court case,” avoid lumping everyone together as “accused.” The law has a system — and every player has a name, a function, and a place within it.
