1Within ten days of filing of the request, the court shall inform the defendant, their defense lawyer, the victim or their heirs, when their identity and residence emerge from proceedings acts, as well as the person who has filed the criminal report or the complaint on the date and time of trial.
2The request shall be adjudicated by the judge of the preliminary hearing, in closed session, in the presence of the parties. When a party fails to appear, although duly notified, or refuses to appear without submitting reasonable cause, the trial shall take place without their presence.
3When there exist the conditions provided for in paragraph 1 of Article 328, the court shall decide on dismissing the charge or the case. Otherwise, the court shall decide pursuant to the provisions of letter “b” or “c” of paragraph 3 of Article 329 of this Code.
4If the court decides pursuant to letter “b” of paragraph 3 of Article 329 of this Code, it sets a deadline to the prosecutor for conducting investigations.
5Where appropriate, the rules provided for in paragraph 4, of Article 329 of this Code shall apply.
6The decision of the preliminary hearing judge may be appealed to the court of appeal. The rules provided for under Article 329 of this Code shall apply, mutatis mutandis.
EN