Affidavit of Desistance and Affidavit of Recantation



Oxford Dictionary:

A statement that one no longer holds a particular opinion or belief; a retraction of a previous statement claiming it as untrue; to renounce;

Legal concept applied in court:

A witness who previously gave a statement or testimony and subsequently retracts that testimony claiming it that it was not true;a claim that he or she made a false statement for the purpose of invalidating his or her testimony;

Testimony shall be nullified or stricken out of court records, reducing the strength of the complaint or defense


General definition:
The act of ceasing or decides not to pursue an action; to desist or abstain;

Legal concept applied in court:
The complainant declares that he or she does not have the intention to actually pursue a case so he or she executes a statement for such purpose;

Can only cause the dismissal of the case before the witness shares his or her testimony because the prosecution can no longer prove the guilt of the accused; But in the event that the offended party or witness shared his testimony on the witness stand, the execution of an affidavit of desistance will not have any effect and the prosecution can still pursue the case until the promulgation of judgment.

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