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 prosecutor leads your case.
A pre-trial investigation is carried out by investigating officers, usually the police. The investigation will be initiated upon a complaint or report of an offence, or if a prosecutor or investigative officer determine the elements of offence themselves. During the pre-trial stage, officers or the prosecution establish what happened in the case, bring the official charges and prepare the case for court.
If you think that your rights have been violated by certain actions or decisions of the investigative officer responsible for your case, you should submit a complaint to the supervising prosecutor. If a prosecutor refuses to grant your complaint, you may appeal it to a higher-ranking prosecutor.
example If the investigating officer 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 prosecutor.
If you think that certain procedural actions or decisions of the prosecutor are unlawful and violate your rights, you should submit a complaint to a higher-ranking prosecutor. If a prosecutor refuses to grant your complaint, you may appeal it to an investigative judge.
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 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. According to the Code of Criminal Procedure, the procedural actions or decisions of the investigative officer or the prosecutor can be appealed as long as the pre-trial investigation continues. The prosecutor or investigative judge must examine your complaint within 10 days of the day you submitted a complaint.