1Upon termination of the preliminary investigations, when it is being proceeded for crimes and when any of the cases provided for in paragraph 1 of Article 328 of this Code occurs, the prosecutor asks the judge of the preliminary hearing to dismiss the charge or the case.
2In cases where the prosecutor has filed a request to send the case to trial, the request for dismissal of the charge or case, shall be adjudicated jointly with the request for sending the case to trial.
3All acts and documents contained in the investigation file shall be attached to the request of the prosecutor, including also the acts carried out before the judge of preliminary investigations, as well as material evidence, unless they are stored in another location.
4The request is notified to the defendant, their defense lawyer, the victim or their heirs, when their identity and residence emerge from proceedings acts, as well as to the person who has filed the criminal report or the complaint. They have the right to have access to the acts and evidence, and to take copies of them.
EN