Rights in the event of a decision not to charge the defendant

At the end of the pre-trial investigation the prosecutor supervising the pre-trial investigation of the case can decide that evidence gathered is not sufficient to charge the person suspected and there are no chance to gather more evidence of his or her guilt. There can also be a situation when it stays unknown who could be suspected with the crime and no prospects to find it out exist. In these cases, the prosecutor decides to terminate the pre-trial investigation and shall notify you as the injured party (victim) about his or her decision. You have the right to appeal the decision to the senior prosecutor in 20 days after you are notified about it. In case the senior prosecutor upholds the decision, you have the right to appeal the decision of the senior prosecutor to the judge of pre-trial investigation. Once again, you would have 20 days for the appeal.

You have the right to appeal the negative decision of the pre-trial judge also. In this case you would have to apply to a court of a higher instance, however, would have only 7 days for the appeal. The laws establish that the injured party (victim) has a right to access the data that the decision to terminate pre-trial investigation was based upon. Please consider that usually decisions of prosecutors to end pre-trial investigations are well grounded, thus when deciding to appeal it would be best to assure representation of your interests by a practicing lawyer or to consult a professional lawyer at least. Please also note that terminated pre-trial investigations can be renewed afterwards, in case new substantial evidence emerge.

I was a victim of crime: consequences and reactions The rights of victims of crime Criminal proceedings Who’s who in criminal proceedings


Top Map Exit