
Your Trusted Partner in Personal Injury & Workers' Compensation
Call Now: 904-383-7448A "penal action" is an action allowed in pursuance of public justice under particular laws. If no special officer is authorized to be the plaintiff therein, the state, the Governor, the Attorney General, or the prosecuting attorney may be the plaintiff.
(Orig. Code 1863, § 3178; Code 1868, § 3189; Code 1873, § 3254; Code 1882, § 3254; Civil Code 1895, § 4933; Civil Code 1910, § 5510; Code 1933, § 3-103.)
- Because the purpose of criminal law is to serve the public functions of deterrence, rehabilitation, and retribution, it is the state, not the victim, that has an interest in criminal prosecutions. Ambles v. State, 259 Ga. 406, 383 S.E.2d 555 (1989).
Trial court abused the court's discretion by dismissing charges alleging that the defendant violated state statutes prohibiting affrays, disrupting a public school, and criminal trespass by fighting on school grounds, over the state's objection, after defense counsel told the court that school officials wanted the charges dismissed. State v. Perry, 261 Ga. App. 886, 583 S.E.2d 909 (2003).
- Qui tam action, in accordance with this section, cannot be brought and prosecuted in the name of the informer unless a right thus to sue shall have been given distinctly by statute. O'Kelly v. Athens Mfg. Co., 36 Ga. 51 (1867).
- Informer who commences a qui tam action under a penal statute does not acquire thereby a vested right to the forfeiture. Bank of St. Mary's v. State, 12 Ga. 475 (1853); Robison v. Beall, 26 Ga. 1 (1858); Hargroves v. Chambers, 30 Ga. 580 (1860).
Cited in Malone v. Clark, 109 Ga. App. 134, 135 S.E.2d 517 (1964).
- 1 Am. Jur. 2d, Actions, § 1 et seq., 43 et seq. 59 Am. Jur. 2d, Parties, §§ 24, 26.
- 1A C.J.S., Actions, § 1 et seq. 7A C.J.S., Attorney General, § 65 et seq.
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This Georgia Code resource is curated by Graham W. Syfert, Esq., a personal injury and workers' compensation attorney admitted in Georgia (State Bar of Georgia No. 881027, since 2006) and Florida. For legal consultation, call 904-383-7448.