The phrase "a prosecution based on" is correct and usable in written English.
It can be used when discussing the foundation or grounds for a legal prosecution in a specific case.
Example: "The jury was presented with evidence that supported a prosecution based on the defendant's alleged involvement in the crime."
Alternatives: "a case founded on" or "a charge stemming from".
A prosecution based on our statutory system for protecting wildlife would be difficult to prove.
Hopes of a prosecution based on the most serious charges, such as manslaughter, may be helped by cooperation from police in China.
Last February I interviewed a man named Timothy Crosby, who also was sent to prison following a prosecution based on a Dana Garner fantasy.
After the case had finished, I went home and mentally re-ran the trial, this time with a prosecution based on a perfect police investigation, and wondered whether our verdict would have been any different.
(The possibility of a prosecution based on an "anything-of-value" theory has been explored in greater detail by Robert Bauer, President Obama's White House counsel, and by Rick Hasen, an election-law specialist, in several posts).
The question of why the US justice department is piggybacking on Landis' suit now, when a US attorney in California inexplicably nixed a prosecution based on the federal grand jury investigation into precisely the same charges of fraud is now mainly of academic interest.
"Frankly, I feel the US Justice Department should come in, confiscate their computers, and do a thorough investigation of at least the last 10 years," said Henry Mosier, a recently retired public defender, who in 2010 threw a Kern County prosecution based on a police sting operation into chaos by uncovering that a detective buried unfavourable evidence in the desert.
Here there is no more harassment alleged than that ordinarily and necessarily entailed by a criminal prosecution based on a good faith belief that the defendants have violated a statute.
On the other hand, it is implicit in the majority opinion in this Court that the petitioner does run the risk of a federal prosecution based on his own testimony under Feldman v. United States, 322 U.S. 487, 64 S.Ct.
Even if a particular set of accusations might be solely in the civil context -- because, for example, the criminal statute of limitations in the relevant jurisdiction has run out--he could plausibly argue that his answers to questions about those accusations could be used against him in a criminal prosecution based on other accusations.
