1"The court proceeds with the request of the prosecutor, the interested person or defence lawyer. "
2When the request is evidently groundless or the repetition of a rejected request, based on the same grounds, the court, after hearing the prosecutor, declares it non-admissible by decision, which is notified within five days to the interested person. The decision is subject to appeal.
3Except for cases provided by paragraph 2, the court establishes the date of the hearing and notifies the parties and defence lawyers at least ten days before the hearing.
4The hearing is held in the necessary presence of the prosecutor and of the lawyer. The interested party can be heard personally or through letters of rogatory.
5If the requesting party fails to appear at the hearing without a reasonable cause, despite having been duly notified of the date and time, withdraws the request, or changes its object, the Court shall declare it non-admissible.
6The court renders a decision, which is notified to the parties and defence lawyers. The decision is subject to appeal, but it does not suspend the execution, except when the court that has issued it decides otherwise.
EN