After the end of the investigative measures within the framework of the opened case, the prosecutor's office draws up an indictment on it, and the case is sent for consideration to the court. However, under certain circumstances, the trial may be suspended and the case returned to the prosecutor's office.
Instructions
Step 1
The return of the case to the prosecutor's office is carried out by the judge who is considering this case during the trial, on the basis of his own initiative or in the presence of an application from one of the parties requesting the return of the case.
Step 2
Part 1 of Art. 237 of the Code of Criminal Procedure contains detailed information on the grounds that may be recognized by the court as significant and entail the return of the case to the prosecutor. Such grounds include a violation of the requirements of the Criminal Procedure Code when drawing up an indictment / act, as a result, the impossibility of making a court decision on its basis, a violation of the procedure for serving the accused with an indictment / act, the need to prepare an indictment / act for cases sent to court for consideration by compulsory measures of a medical nature, the existence of grounds for combining several cases in accordance with the procedure provided for in Article 153 of the CCP, violation of the procedure for familiarizing the accused with the materials of the criminal case.
Step 3
Please note that in order to return the case to the prosecutor, it is necessary that the specified circumstances not only take place, but also interfere with the objective course of the trial and the issuance of a court decision.
Step 4
In the presence of such circumstances, any of the parties involved in the process can initiate the return of the case to the prosecutor's office. To initiate a return, file a statement to the judge in charge of the case, indicating the existing circumstances in the case that impede the course of the trial and require a suspension of the process in order to return the case to the prosecutor's office.
Step 5
Provide a list of reasons for the return, and also describe the degree of their influence on the course of the proceedings and the decision.
Step 6
The court considers the received application within the framework of the current trial, and if the circumstances are recognized by the court as significant, the course of the trial is suspended, the case is returned to the prosecutor's office to correct / eliminate the revealed circumstances, the court decides on the measure of restraint for the accused for the period of suspension of the proceedings.
