1The court shall refuse the approval of the penalty order if:
aone of the grounds of dismissal of the charge or of the case exists;
bthe defendant is accused of a criminal offence for which the law does not allow the application of the penalty;
cthe prosecutor has asked for a punishment by fine or one or more inappropriate supplementary punishments;
çit is convinced that the case may not be resolved in the state of the preliminary investigative acts that are attached to the request for approval.
2In the cases foreseen in letter “a” paragraph 1 of this article, the court shall decide to dismiss the case, whereas in other cases it shall decide to return the acts to the prosecutor. This decision shall be notified to the prosecutor and the defendant.
EN