download
download
download
- No tags were found...
You also want an ePaper? Increase the reach of your titles
YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.
(2) The investigating judge may also issue the consent referred to in paragraph 1 of thisArticle if he has only interrogated the suspect against whom an indictment is to beissued. In respect of issuing summons to, the defence and interrogation of suspectsprovisions on issuing summons to, the defence and interrogation of accused personsshall be applied. The investigating judge shall deliver the notice on his consent to thepublic prosecutor and the suspect.(3) The time limit for issuing an indictment is eight days.(4) The public prosecutor may also make the proposal referred to in paragraph 1 of thisArticle after the submission of a request for conducting an investigation, until a ruling onthe request is issued.(5) Where the investigating judge finds that the requirements for issuing an indictmentwithout the conduct of the investigation have not been fulfilled, or where the publicprosecutor does not issue an indictment within the time limit specified in paragraph 3 ofthis Article, the investigating judge shall act as if a request for conducting aninvestigation has been submitted.(6) Where a criminal offence is punishable by a custodial penalty of up to eight years,the public prosecutor may, irrespective of the requirements specified in paragraphs 1 to5 of this Article, issue an indictment without the conduct of an investigation if the datacollected in connection with the criminal offence and the perpetrator provide sufficientgrounds for issuing an indictment.(7) The provisions of paragraphs 1 to 6 of this Article shall also be applied wherecriminal prosecution is being undertaken at the request of a subsidiary prosecutor.(8) Together with the proposal referred to in paragraph 1 of this Article and theindictment issued in accordance with paragraph 6 of this Article, the public prosecutorshall submit the criminal complaint and all files and records of actions performed, as wellas all objects which may serve as evidence, or a specification of their locations.Article 245(1) Investigations are conducted by the investigating judge of the competent court.(2) Legal provision may also be made for a single court to conduct investigations forseveral courts (investigatory centre).(3) As a rule an investigating judge conducts investigatory actions only on the territorywhere his court has jurisdiction. Where the interests of an investigation so require, hemay perform certain investigatory actions outside the territory of his court, but is requiredto notify thereof the court on his territory of jurisdiction he is performing investigatoryactions.Article 246