The elements of Malicious Prosecution are that the prosecution (1) must be instituted by or with the cooperation of the defendant, (2) terminating in a manner not unfavorable to the Plaintiff, (3) instituted without probable cause, and (4) with malice.
Malice in this context is any controlling motive for instituting the criminal proceedings is anything other than a genuine desire to see justice done, to enforce the law, or to punish the guilty. A jury may infer malice from probable cause.