Part II
THE COURSE OF PROCEEDINGS
B. PRELIMINARY PROCEEDINGS
Chapter XX
INVESTIGATION
An appeal on the ruling on the conducting of the investigation
Article 275
(1) The suspect and his defense counsel may take an appeal to the Investigative Judge on the Ruling on the conducting of the investigation within a term of three days from the day of the receipt of the ruling, which does not stay the execution of the ruling on the conducting of the investigation.
(2) The Investigative Judge is bound to render the ruling on the appeal referred to in paragraph 1 of the present Article within the term of 48 hours.
(3) The Investigative Judge shall discontinue an investigation by a ruling in the following cases:
1) If the offense the defendant is charged with is not a criminal offense;
2) If the period of limitation for the institution of prosecution has expired or the offense is amnestied or pardoned, or
3) if other circumstances exist permanently barring prosecution;
(4) The Investigative Judge shall by a ruling dismiss the Public Prosecutor’s Ruling on instigating the investigation, if he finds that there is no ground for conducting an investigation because no evidence exist for reasonable suspicion to arise that the defendant committed the criminal offense.
(5) When the Investigative Judge renders the ruling 3 and 4 of the present Code, he shall render the ruling on releasing defendant from detention, if the defendant is in custody, i.e. he shall render the ruling on dismissal of temporary confinement if the defendant was placed in temporary confinement and he hasn’t been released so far.
(6) When the Investigative Judge finds that some of the grounds stated in paragraph 3 and 4 of the present Article do not exist, he shall render the ruling of denying an appeal on Ruling on instigating the investigation as unfounded, which shall therefore uphold the disputed ruling.
(7) If the Investigative Judge finds that only temporary circumstances preventing the prosecution of the defendant exist (Article 283 paragraph 1 point 4), he shall discontinue the investigation by a ruling, and the Public Prosecutor shall continue an investigation when reasons leading to the discontinuation cease to exist.
(8) Decision referred to in the paragraph 7 of the present Article may not be appealed.
(9) An appeal may be taken by the prosecutor and the injured person, from the ruling referred to in the paragraphs 3 and 4 of the present Article within the term of three days from the day of the receipt of the ruling.
(10) The chamber referred to in the Article 24 paragraph 6 of the present Code shall render the ruling on an appeal referred to in the paragraph 9 of the present Article within the term of 48 hours, by which ruling it may deny the appeal as unfounded therefore upholding the Investigative Judge’s disputed ruling on the recess of the investigation, i. e. the ruling on denying the Ruling on instigating the investigation,
or may uphold the appeal which was founded and render the Ruling on instigating the investigation, which is not subject to appeal.
(11) If only the injured person files an appeal to the ruling stipulated in the paragraphs 3 and 4 of the present Article, and if this appeal is upheld, it shall be deemed that he assumed the prosecution by taking the appeal.
(12) In the ruling referred to in the paragraph 11 of the present Article, the injured person shall be informed that he may file an indictment with the court within a term of fifteen days, and that if he fails to do so, it shall be deemed that he has desisted from the prosecution.
Appeal against other decisions - national proceedings
EDIT.