When does the commencement of prosecution begin?

The commencement of prosecution begins upon an indictment or warrant being secured because this action signifies that the legal system has officially recognized that there is probable cause to believe a crime has been committed and that a specific individual is responsible for it. An indictment is a formal charge that results from the grand jury's investigation, while an arrest warrant is issued by a judge or magistrate based on sufficient evidence. This is a critical juncture in the criminal justice process, as it transitions the matter from a preliminary investigation phase to the formal prosecution phase where the accused will face legal proceedings.

In contrast, reporting a crime to law enforcement, filing a complaint by the victim, or setting a trial date are all preliminary actions that do not establish the official start of prosecution. These steps may be part of the overall process leading to prosecution but do not themselves trigger the formal legal proceedings against an individual.