Solving of the preliminary chambers procedure following the initial debates

Abstract

In accordance with the criminal procedural provisions currently in force, the preliminary chamber phase can be concluded by the judge at the end of the initial debates or after the prosecutor fixes the indictment, according to the intermediate minute of the preliminary chamber judge.

The consequences of the way of solving the requests and exceptions filled by the parties and the aggrieved person or raised ex officio are reflected in the solutions provided by article 346 of the Criminal Procedure Code (start of the trial and the restitution of the case to the prosecutor's office). In other words, following the verification activities, the judge may or may not allow the start of the merits trial. In all situations, regardless of the solution in the preliminary chamber, the procedural activity continuation is mandatory (in a progressive sense or, as the case may be, in a regressive sense).

The solutions that can be adopted by the judge at the end of the intermediate procedure are limited and cannot effectively solve, in our opinion, all the deficiencies that can arise in practice in relation to the legality of notifying the court, the legality of the administration of evidence and the performance of the criminal prosecution activities.