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Pennsylvania Consolidated Statutes

42 Pa. Cons. Stat. § 8932 (2026)

 Nolle prosequi or settlement.

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§ 8932.  Nolle prosequi or settlement.

After the commencement of a criminal matter by the filing of an information or otherwise, the district attorney shall not enter a nolle prosequi or dispose of the matter or discharge a prisoner from custody by means of a proceeding in lieu of a plea or trial without having obtained the approval of the court.

(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)

 

1978 Amendment.  Act 53 added section 8932.

Notes of Decisions
Cited in 8 cases (2 in the last 5 years), 1985–2026 · leading case: Commonwealth v. Nolen, 479 A.2d 595 (Pa. 1985).
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Commonwealth v. Nolen, 479 A.2d 595 (Pa. 1985). · cites it 2× “; see also 42 Pa.C.S. § 8932 (Supp. 1982). In Coades , Justice Manderino suggested that the fact of the nol prossed felony indictments might, in itself, provide strong incentive for a witness to testify.”
Commonwealth v. Evans, 481 A.2d 625 (Pa. 1985). · cites it 2× “; see also 42 Pa.C.S. § 8932 (Supp. 1982). In Coades , Justice Manderino suggested that the fact of the nol prossed felony indictments might, in itself, provide strong incentive for a witness to testify.”
Commonwealth v. Stivala, 645 A.2d 257 (Pa. Super. Ct. 1994). “313 and 42 Pa.C.S. § 8932, giving power to the trial court to review the Commonwealth’s attorney’s decision.”
Commonwealth v. Harrison, S., 355 A.3d 826 (Pa. 2026). · cites it 5× “42 Pa.C.S. § 8932. The trial court emphasized that, under these provisions, its role was not merely to be a “rubber stamp for the Commonwealth.”
Com. v. Davenport, V., No. 995 WDA 2019 (Pa. Super. Ct. May 27, 2020). · cites it 2× “Thereafter, Appellant filed a petition for writ of habeas corpus, averring that the court’s granting the Commonwealth’s petition to nol pros the charge in case 1909-2017 did not comply with 42 Pa.C.S. § 8932 because it was not entered in open court.”
Com. v. Hooper, R., No. 975 EDA 2023 (Pa. Super. Ct. July 12, 2024). “42 Pa.C.S. § 8932. 5 Rule 585 provides, in relevant part: Upon motion of the attorney for the Commonwealth, the court may, in open court, order a nolle prosequi of one or more charges notwithstanding the objection of any person.”
Commonwealth v. Geoghan, 40 Pa. D. & C.3d 364 (1986). “202, §10, 42 Pa.C.S. §8932, provides that after the commencement of a criminal matter by the filing of an information or otherwise, the district attorney shall not enter a nolle prosequi or dispose of the matter or discharge a prisoner from custody by means of a proceeding in…”
Commonwealth v. Allen, 24 Pa. D. & C.4th 249 (1995). “” 42 Pa.C.S. §8932. Therefore, in Pennsylvania a nolle prosequi is the voluntary withdrawal by the district attorney of a criminal proceeding which requires the assent or concurrence of the court.”
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