The classification closes the criminal investigation without sending the case to court. If you are a victim or have a recognized procedural interest and do not agree with the solution, the Code of Criminal Procedure provides for a path of complaint to the prosecutor and subsequently to the preliminary chamber judge. The deadlines are calculated from official communications and are short.
First stage: complaint to the higher hierarchical prosecutor
A complaint against the closure of the criminal investigation decision may be filed with the superior hierarchical prosecutor of the person who ordered it within 20 days of the copy of the document being communicated. The complaint must specifically explain why the decision is considered illegal or unfounded. It is not sufficient to state that you disagree: indicate the facts, the evidence that has not been examined, or the criminal investigation measures that you consider necessary.
Request and keep a record of the filing. If the complaint is rejected, the prosecutor’s response and the date of its communication are essential for the next step. Read the full order of closure of the criminal investigation and the order by which the complaint was resolved, including the reasons and legal grounds.
Second stage: the complaint to the judge
If the complaint to the prosecutor is rejected, you can request the preliminary court judge of the competent court to hear the case in the first instance. The deadline is 20 days from the notification of the prosecutor’s decision. The request must be addressed to the competent court and must identify the challenged order, the case file, and the reasons why you are requesting judicial review.
If the prosecutor does not resolve the complaint within the legal 20-day deadline, the Code allows the complaint to be submitted to the judge after the expiration of this deadline; however, there is also a time limit calculated from the communication of the method of resolution. In such a situation, verifying the date and evidence of communication is particularly important.
What can be invoked?
Depending on the case, the reasons may relate to a misinterpretation of the facts, the failure to take into account certain statements or documents, the lack of essential checks, or the incorrect application of a case of obstruction of criminal proceedings. It explains the link between each piece of evidence or action requested and the aspect it can clarify. General requests, without reference to the case file, are more difficult to evaluate.
Go through the file within the limits of applicable procedural rights and organize the documents chronologically. Note what you initially reported, what evidence was administered and what aspects remain unclear. If there are audio files, videos or conversations, keep the originals and metadata and avoid editing them.
Don't miss the deadline
The first 20-day term begins upon the communication of the copy of the solution, and the term for the judge begins upon the communication of the prosecutor’s response, with special rules applicable when no response is provided in time. Request immediately copies and confirmations of communication. A complaint filed after the deadline may be dismissed as tardy.
The rules apply to closure of the criminal investigation solutions under the conditions provided by law; the analysis depends on your procedural quality and the documents in the case file. Consult Criminal Procedure Code, Articles 339–341 and check the deadlines with a lawyer before filing.
Informative article, of general nature. It does not replace the analysis of the specific case.
