The pre-trial phase is the part of criminal proceedings between the opening of the case and the start of the court proceedings. During the pre-trial phasee, the police or the investigation authorities lead your case.
The pre-trial phase consists of three stages: initiating of the pre-trial proceedings, the investigation stage and the prosecution stage.
Initiating of pre-trail proceedings stage
Before initiating pre-trial proceedings, the prosecutor or investigative authority must be convinced that there is sufficient data that a crime has been committed. This means that such data must already be collected. Pre-trial proceedings are initiated by a prosecutor's decree or by the first investigative action when an inspection, search or other urgent action is carried out. Where there is sufficient evidence that the offense was committed by a particular person, he/she shall be charged as an accused with a decree of the investigative body or with the protocol of the first investigative action. At the same time the accused is notified in writing and orally of his/her basic rights in criminal proceedings.
Investigation stage
The investigation stage is the second stage of criminal proceedings when the investigating authority is trying to establish what happened in the case. It will usually be carried out by the police or in some cases by another investigative authority, like the investigator, customs officer or the prosecutor him/herself. The investigating authority is responsible for conducting the investigation during the initial stage. The investigation is supervised by the prosecutor. If you think that your rights have been violated by certain actions or decisions of the investigator leading your case, you should submit a complaint to the supervising prosecutor.
example If the investigator has refused to allow you to participate in some of the investigative actions without giving reasons for such a decision, you can submit a complaint to the supervising prosecutor.
Prosecution stage
At this stage, the case is prepared for court and it starts with the bringing of the official indictment. During the prosecution stage, the prosecutor is responsible for your case. If you think that certain actions or decisions of the prosecutor are unlawful and violate your rights, you should submit a complaint to a higher-ranking public prosecutor. If you do not know who the higher-ranking prosecutor is, you should write to the Prosecutor General’s Office, which will forward your complaint to the responsible prosecutor.
example If the prosecutor has denied you access to materials of the case, you should submit a complaint to a higher-ranking prosecutor or to the Prosecutor General’s Office.
Procedures and time limits
All decisions that can be appealed must contain information about the procedure and the time-limits for their appeal.
important It is very important to observe the time limits allowed for these types of claims. They are different for the different actions.