Preventive measures in the case of returning the case to the prosecutor’s office

Abstract

In this study, we aim to analyse a problem generated at the crossroad of two phases of the criminal trial – namely the effect on preventive measures in cases where the preliminary chamber judge (in the preliminary chamber procedure) decides to return the case to the prosecutor’s office. Although at first glance we could consider that this situation is covered by the binding case-law of the High Court of Cassation and Justice which interprets the legal provisions of the previous Criminal Procedure Code, we will observe that the structure of the criminal process under the current legal framework does not support the same solutions. Furthermore, we will identify, based on the specific circumstances of cases where the file is returned to the prosecutor’s office, whether and to what extent the rulings of the preliminary chamber judge impact the conditions for maintaining a preventive measure.