1If during the preliminary hearing, the fact appears to be different than it is described in the request to send the case to trial, if another criminal offence is ascertained, pursuant to letter “b”, of paragraph 1, of Article 79, or if an aggravating circumstance emerges, which had not been mentioned, the prosecutor shall modify the charge and shall communicate this to the present defendant. When the defendant is not present, the new charge is communicated to his/her defense lawyer who is given not more than 10 days to communicate with the defendant.
2If during the preliminary hearing, a new criminal fact emerges against the defendant which had not been mentioned in the request to send the case to trial and for which a proceeding must be carried out ex officio, the court shall allow the communication of the charge for the new fact, when the prosecutor submits a request and the defendant consents. Otherwise, the court returns the acts concerning the new charge to the prosecutor and notifies the chairperson of the prosecution office.
3If during the preliminary hearing, it appears that the legal qualification of the fact is wrongful, or that the charge has not been clearly and accurately formulated, the court shall invite the prosecutor to make the necessary corrections or clarifications. If the prosecutor does not take action, the court shall decide to return the acts. Such decision is notified to the chairperson of the prosecution office.
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