Classification is the solution whereby the prosecutor orders that the case not be sent to court, under the conditions of the Code of Criminal Procedure. The person contesting the solution must follow the steps and deadlines provided for in Articles 339–341 of the Code. The Code of Criminal Procedure. Normally, a complaint against the order of closure of the criminal investigation is not directly filed with the judge.
First stage: complaint to the higher hierarchical prosecutor
The complaint against the closure of the criminal investigation decision is addressed to the superior prosecutor of the person who ordered the decision, within 20 days of the communication of the copy of the document, pursuant to Article 339(4). Check the date on which the communication was received and keep the proof. The complaint must indicate the contested decision and concrete reasons: for example, ignored evidence, necessary investigative acts that were not carried out, or the incorrect application of the legal basis for the classification.
Second stage: the preliminary chamber judge
If the complaint addressed to the superior hierarchical prosecutor is rejected, the person who submitted it may appeal to the competent preliminary chamber judge within 20 days of the notification of the decision, in accordance with Article 340. The judge is from the court that would have adjudicated the case in first instance. If the hierarchical complaint is not resolved within the term provided for in Article 338, the law allows for appeal after the expiration of that term, with its own rules regarding the time limit; the calculation must be made using the exact dates of the communications.
The complaint to the judge must identify the order or indictment being challenged, the case number, the prosecution, and the reasons for the appeal. Attach copies of the relevant documents and evidence, as well as any new documents you wish the judge to consider. Keep the proof of submission and check the competent court before submitting it.
What does the judge check and what solutions can he/she give?
The judge analyzes the solution by referring to the work in the criminal investigation file and the new written submissions. If applicable, the petitioner and the co-defendants may submit written notes; if the criminal prosecution has been initiated, they may also raise issues regarding the legality of the evidence or the prosecution. The complaint is resolved in the council chamber with the participation of the prosecutor; the absence of the legally summoned persons does not prevent the trial from proceeding.
Depending on the situation and the stage of the case, the judge may reject the complaint or admit it, thereby overturning the decision and referring the case to the prosecutor for the initiation or completion of criminal prosecution. In the cases and under the conditions provided for in Article 341, the law also allows other solutions. Therefore, the admission of the complaint does not automatically mean referring the person concerned to court.
What helps in preparing the complaint?
Compare the reasons for the order with the evidence presented and point out precisely why the conclusion does not result from the file or what checks are missing. A simple dissatisfaction with the result does not replace the reasoning. Separate the dates of the communications, deadlines, requested documents, and the evidence you submit. The deadlines are short, and the consequences depend on the procedural status and the circumstances of the case.
The information is general and does not replace the analysis of the closure of the criminal investigation act, the communications and the specific case file.
