RIGHTS IN THE EVENT OF A DECISION NOT TO CHARGE THE DEFENDANT


If at the end of the inquiry stage the Public Prosecution Service considers that there is insufficient evidence to send the defendant to trial, the case is closed. When several crimes are involved, it may happen that the defendant is only charged with some of them and the rest of the case is closed.

Any victim who disagrees with the decision of the Public Prosecution Service is entitled to apply to the examining judge to begin the examination stage. The time limit for applying for the examination stage to begin is 20 days from the notice of the Public Prosecution Service decision, and the victim will have to have the status of assistant in order to do so.

Alternatively, the victim may file an application with the direct superior of the public prosecutor who decided to close the case, asking for the evidence to be re-examined or the investigation continued.
In this case, the victim can provide new evidence to be taken into account. If the victim chooses this course of action, they need to apply for it within 20 days of the date on which the examination stage can no longer be requested – in this case it will not be necessary to have the status of assistant.

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