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Filing an Indictment

Only after the investigation is concluded does the police investigative unit responsible for the investigation decide whether to recommend that an indictment be filed. The case is then transferred either to the Police Claims Unit, or to the District Prosecutor’s Office, depending on the offence. The prosecutor reviews all the evidence, considers again whether an indictment should be filed, and, if necessary, prepares the indictment according to the evidence in the case. The prosecutor’s decision is independent; the investigative unit’s recommendation does not bind him.

If it is decided not to file an indictment, an announcement is sent to all the parties involved in the accident. Any person regarding himself as injured by the decision not to file an indictment is entitled to appeal the decision at the police unit that closed the case. The appeal will be referred to the State Prosecutor’s Office, together with the file and the attached police recommendation. The State Prosecutor can confirm the police’s decision, order the police to continue the investigation, or file an indictment.



Last update þ22/þ07/þ2004