1When the circumstances that do not allow the initiation of proceedings exist, the prosecutor issues a reasoned decision not to initiate the proceedings, within 15 days of the filing of the criminal report.
2Notice of the decision is served promptly to those who have lodged a criminal report or a complaint, to the victim or the victim’s heirs, who may file a complaint with the court, within 10 days of the notification of the decision.
3The judge who adjudicates on the requests of the parties during preliminary investigations, shall examine the complaint within 30 days of its submission. The complaint shall be examined in a trial hearing, however failure of the parties to appear, without reasonable cause, will result in the court deciding without their presence.
4When the complaint is found to be grounded, the court orders the obligation of the prosecutor to register the proceeding and to carry out the necessary investigations, indicating also their direction.
5The parties may lodge a complaint with the court of appeal against the decision within 10 days. The court of appeal shall decide within 30 days of the receipt of the acts.