prosecutable

Prosecutable is an adjective used in criminal law to describe conduct or circumstances that are capable of being the subject of criminal charges under applicable law. In practical terms, something is prosecutable when it meets the statutory elements of a crime and there is a sufficiency of evidence to support a decision to charge someone with a offense.

Several factors determine prosecutability. The conduct must correspond to a defined offense and include both the act (actus reus) and the mental state (mens rea) required by the statute. Prosecutors also consider evidentiary strength, the existence of a statute of limitations, and issues of jurisdiction and venue. Immunities, exemptions, or special rules may also affect whether a case remains prosecutable. In many legal systems, prosecutability is assessed alongside public interest or policy considerations.

Prosecutorial discretion plays a central role. Even when conduct is legally prosecutable, a prosecutor may decide not to file charges, pursue a diversion program, or offer a plea arrangement. Charges can be declined, reduced, or dismissed for reasons such as weak evidence, integrity concerns, or resource priorities. Conversely, a case that is not prosecutable in one jurisdiction may be prosecutable in another with different laws or venues.

Notes on terminology: prosecutable is a descriptive term used in legal practice and policy discussions. It is not a formal category in statutes, and its meaning can vary by jurisdiction. The concept contrasts with non-prosecutable conduct, which may be deemed civil, administrative, or immune from prosecution due to legal constraints.