12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

(2) Before issuing his ruling the investigating judge shall interrogate the suspect, exceptwhere is a danger of deferrals.(3) The investigating judge may, before ruling on the public prosecutor’s request, ask thepublic prosecutor and the suspect to come to the court on a specified date if it isnecessary that they declare themselves on circumstances which may be of importancefor rendering a decision on the request or where the investigating judge holds that forother reasons their oral declarations would be more appropriate. On this occasion thepublic prosecutor and the suspect may make oral proposals, and the public prosecutormay alter or amend the request for conducting an investigation, and may also proposethat proceedings be conducted directly based on an indictment (Article 244).(4) In respect of issuing summons to, the defence and interrogation of the suspectagainst whom an investigation is being requested, provisions of this Code on issuingsummons to, the defence and interrogation of the accused persons shall be applicable.Suspects summoned pursuant to paragraph 3 of this Article shall be instructed by theinvestigating judge within the meaning of Article 89 paragraph 2 of this Code.(5) The accused person may appeal against the ruling of the investigating judge on theconduct of an investigation. Where the ruling was conveyed orally, the appeal may bedeclared for the record on the same occasion.(6) The investigating judge is required to deliver the appeal immediately to the chamber(Article 24 paragraph 6), which shall rule on its within 48 hours. Appeals do not stayexecution of rulings.(7) Where the investigating judge does not agree with the request of the publicprosecutor for the conduct of an investigation, he shall ask the chamber (Article 24paragraph 6) to issue a ruling. The ruling of the chamber may be appealed against bythe accused, the public prosecutor and aggrieved, but the appeal does not stayexecution of the ruling.(8) If only an aggrieved part has lodged an appeal against the chamber’s ruling, and theappeal is upheld, it shall be deemed that by lodging an appeal the aggrieved has takenover prosecution.(9) In the cases referred to in paragraphs 6 and 7 of this Article, the chamber shallrender a decision within 48 hours.(10) In deciding on the request for the conduct of an investigation, the chamber is notbound by the legal qualification of the offence cited by the public prosecutor.Article 244(1) The investigating judge may agree the public prosecutor‘s proposal for aninvestigation not to be conducted if the data collected about the criminal offence andperpetrator provide sufficient grounds for issuing an indictment.

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!