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adduction of evidence at the trial, and a motion to convict the accused according to thelaw.(2) The motion to indict may contain a proposal for the accused to be placed indetention. If the accused is already in detention or was in detention while investigatoryactions were being conducted, the motion to indict shall specify the time spent indetention.(3) Where the public prosecutor finds a trial unnecessary, he may propose in the motionto indict that the court issue a ruling punishing the accused without scheduling a trial(Article 449).Article 439(1) Where the court receives a motion to indict or private prosecution, the judge shall firstassess whether the court has jurisdiction, whether certain investigatory action need to beconducted or those already conducted supplemented, and whether the necessaryconditions exist to dismiss the motion to indict or private prosecution.(2) If the judge does not issue any of the rulings referred to in paragraph 1 of this Article,he shall serve the charges to the accused and schedule a trial immediately. If no trial isscheduled within one month of the reception of a motion to indict or private prosecution,the judge is required to notify of the reasons thereof the president of the court, who shallundertake measures to ensure that the trial is held as soon as possible.(3) Where the judge finds that certain investigatory actions need to be conducted, heshall ask the investigating judge to conduct them.Article 440(1) If the judge finds that another court has jurisdiction to try the case, he shall rulehimself unqualified, and when the ruling becomes final refer the case to that court, and ifhe finds that a higher court has jurisdiction to try the case, he shall refer the case to thepublic prosecutor acting before that higher court. If the public prosecutor considers thatthe court which referred the case to him has jurisdiction, he shall request a decision fromthe chamber of the higher court.(2) After it has scheduled a trial, a court may not declare itself territorially unqualified exofficio.Article 441(1) The judge shall deny a motion to indict or private prosecution if he finds that thereexist the reasons referred to in Article 274 paragraph 1 items 1) and 2) of this Code fordiscontinuing proceedings, and if investigatory actions have been conducted, thereasons referred to in item 3) of the Article.(2) The ruling with a brief substantiation shall be delivered to the public prosecutor, thesubsidiary prosecutor, or the private prosecutor, as well as the suspect.