1The decision of dismissal of charges or case can be appealed to the judge of the preliminary hearing, within 10 days of being noticed. In cases where the prosecutor has filed a request to send the case to trial, but he/she has decided to dismiss one or more of the charges, the appeal against the decision of dismissal shall be reviewed together with the request to send the case to trial.

2Copies of all acts and evidence contained in the preliminary investigation file, shall be deposited with the secretary of the court, including decisions issued by the judge of preliminary investigations, as well as material evidence, except in cases when they are stored elsewhere.

3The appeal shall be examined in closed session, within 15 days of receiving the acts. The court shall decide, as appropriate, on:

aupholding the decision of dismissal when it considers that the conditions laid down in paragraph 1 of Article 328 of this Code, exist;

bturning the acts back to the prosecutor to continue with investigations, when it deems that investigations are incomplete, determining directions of further investigations and, where appropriate, the actions to be performed, and sets a deadline within which investigations must end;

creturning the acts to the prosecutor, ordering the prosecutor to formulate the charges and file a request for the case to be sent to trial, when it considers that investigations are complete and it turns out that there is sufficient evidence to support the accusation in court.

4The court cannot order the prosecutor to compile charges for other persons, whose names are not registered pursuant to Article 287 of this Code. When from the acts emerges information for other criminal offenses, prosecuted ex officio or against other persons, the court may decide to carry out investigations, even in cases when it decides pursuant to letter “c”, of paragraph 3, of this Article.

5In the cases provided for in paragraph 3, letters “b” and “c”, and paragraph 4 of this Article, the chairperson of the prosecution office shall also be notified on the decision.

6Against the decision of the judge of the preliminary hearing, under letter a) of paragraph 3 of this Article, an appeal can be filed to the court of appeal by the defendant and the victim, while under letters “b” and “c” of paragraph 3, of this Article, an appeal can be filed by the prosecutor.

7The court of appeal shall examine the appeal in closed session within 15 days from the date of receiving the acts.

8When accepting the appeal of the defendant, the court of appeal shall decide on changing the dismissal decision with a more favourable formulation to him. When it accepts the appeal of the victim, the court shall order the investigations be continued or the case be sent to trial. When it accepts the appeal of the prosecutor, the court decides on upholding the dismissal decision.