The pre-trial stage is the part of criminal proceedings between the opening of the case and the start of the court proceedings. During the pre-trial stage, the police or the prosecutor lead your case.
The pre-trial stage consists two of parts: the investigation stage and the prosecution stage.
Investigation stage
The investigation stage is the first stage of criminal proceedings when the police are trying to establish what happened in the case. It will usually be carried out by the police and the prosecutor or in exceptional cases by another special body, like a specialized anti-corruption body. The investigator is responsible for conducting the investigation during the initial stage and therefore all complaints about the actions of the members of the investigation team should be addressed to the investigator.
example If you think that the actions of an expert have violated your rights then you should submit a complaint to the investigator in charge of your case.
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 official charges. 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 also 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 the case file, you should submit a complaint to a higher-ranking prosecutor or to the Prosecutor’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.
Usually the decisions of an investigative judge cannot be appealed. However, if you want to complain about the actions or decisions of an investigative judge, you should submit a complaint to the chief justice of that court.
important It is very important to observe the time limits allowed for these types of claims. According to the Code of Criminal Procedure, the decisions of the investigator or the prosecutor can be appealed within 10 days of the date that you received the decision. If you want to complain about certain actions of the investigator or the prosecutor, you should submit the complaint within 10 days of the day you found out about that specific action.