Illinois Compiled Statutes
720 ILCS 5/2-16 (2026)
"Prosecution"
✓ current as of May 2026
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(720 ILCS 5/2-16)
(from Ch. 38, par. 2-16)
Sec. 2-16.
"Prosecution".
"Prosecution" means all legal proceedings by which a person's liability
for an offense is determined, commencing with the return of the indictment
or the issuance of the information, and including the final disposition of
the case upon appeal.
(Source: Laws 1961, p. 1983.)
Notes of Decisions
Cited in 11
cases (2 in the last 5 years), 2001–2025 · leading case: People v. Knaff, 752 N.E.2d 1123 (Ill. 2001).
People v. Knaff, 752 N.E.2d 1123 (Ill. 2001). “The defendant's theory ignores the definition of "prosecution" set forth in section 2-16 of the Code (720 ILCS 5/2-16 (West 1998)). For purposes of the statute, "`[p]rosecution' means all legal proceedings by which a person's liability for an offense is determined, commencing…”
People v. Keys, 2023 IL App (4th) 210630 (Ill. App. Ct. 2023). “This accords with section 2-16 of the Code (720 ILCS 5/2-16 (West 2016)), which provides that “ ‘[p]rosecution’ means all legal proceedings by which a person’s liability for an offense is determined, commencing with the return of the indictment or the issuance of the…”
People v. King, 948 N.E.2d 1035 (Ill. 2011). “" 720 ILCS 5/2-16 (West 2000). Thus, section 5-130(1)(a) mandates that charges of the "specified offenses" as well as all other charges arising out of the same incident proceed as a criminal prosecution until final disposition on appeal.”
St. Paul Fire & Marine Ins. Co. v. City of Waukegan, 2017 IL App (2d) 160381 (Ill. App. Ct. 2017). “” 720 ILCS 5/2-16 (West 2016). -9- ¶ 37 The City’s argument that each trial at which evidence was withheld constituted a separate triggering event mirrors an argument that was rejected by the Missouri Court of Appeals in City of Lee’s Summit v.”
People v. Wells, 2017 IL App (1st) 152758 (Ill. App. Ct. 2017). “” 720 ILCS 5/2-16 (West 2006). Defendant argued that the remaining five felony charge counts were barred by the three-year limitations period of section 3-7 of the Code which states that “[t]he period within which a prosecution must be commenced does not include any period in…”
People v. Wells, 2017 IL App (1st) 152758 (Ill. App. Ct. 2017). “” 720 ILCS 5/2-16 (West 2006). Defendant argued that the remaining five felony charge counts were barred by the three-year limitations period of section 3-7 of the Code which states that “[t]he period within which a prosecution must be commenced does not include any period in…”
St. Paul Fire & Marine Ins. Co. v. City of Waukegan, 2017 IL App (2d) 160381 (Ill. App. Ct. 2017). “” 720 ILCS 5/2-16 (West 2016). ¶ 37 The City’s argument that each trial at which evidence was withheld constituted a separate triggering event mirrors an argument that was rejected by the Missouri Court of Appeals in City of Lee’s Summit v.”
People v. Schwedler, 2025 IL App (1st) 242157-U (Ill. App. Ct. 2025). “720 ILCS 5/2-16 (West 2022). Schwedler was indicted on involuntary manslaughter and mob action on September 3.”
People v. Leavitt, 2014 IL App (1st) 121323 (Ill. App. Ct. 2015). “” 720 ILCS 5/2-16 (West 2006). In Illinois, a felony prosecution may occur either by grand jury indictment or a prompt preliminary hearing.”
People v. Wanke, 2019 IL App (2d) 170373-U (Ill. App. Ct. 2019). “” 720 ILCS 5/2-16 (West 2008). It is the State’s Attorney who has the authority and discretion concerning commencing a prosecution.”
People v. Crawford, 786 N.E.2d 640 (Ill. App. Ct. 2003). “" 720 ILCS 5/2-16 (West 2000). The defendant's reliance on this definition is misplaced.”
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