When the accused dies before trial

If there's no live defendant, what purpose is there in taking the case any further? S/he can't be tried, and definitely can't be punished. The case dies along with the defendant.

I'm no lawyer but logic would suggest the case ends there and then with no conclusion - wrapped up, and the papers put in the vaults, because there's nobody to be prosecuted or defended and the dead could not speak in their own defence.

I seem to recall that somewhere a dead person was put on trial- a show trial in Russia I think, but I cannot imagine such a scenario elsewhere.

You question seems to have two unrelated parts.

A lawyer will show up soon, no doubt, to give all the nitty gritty you need but meanwhile- yes, not much else to do except close off all loose ends and tell folk/Agencies involved they're no longer needed to do this or that if they have already been told they were.

Expenses involved? I cannot answer that one.

Amount of work would depend upon how much was already in hand or under way, and when the death occurs.

Okay, just checked real quick with my brother (criminal attorney). If the defendant dies before trial (or even if the trial has begun but not concluded), the case is closed, and the evidence is returned to law enforcement. Depending on jurisdiction (resources mostly) they can either store it or discard it. My brother stated that prudence would indicate they hang on to it if possible, because one never knows what might come up in the future. In this case (serial killer), law enforcement may get new information indicating that one of the victims was not actually killed by this guy, but that someone else might have done it. So then the evidence gathered for that victim could be crucial. But as far as the individuals directly involved with the trial - they're done. It's over. Go home.

And, of course, the deceased dies as a suspect or accused - not 'guilty' in the eyes of the law.

also see this thread

Yeah- delegate it all.

ink wench said:

Thank you all, again! I think this clears up everything I need to know. Glad to hear my MC doesn't have to get sucked into a bunch of technical stuff at work.

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