Athe taking of the preventive measure of judicial control. . Regarding the taking of the preventive measure of judicial control by the judge of the preliminary chamber in the procedure of the preliminary chamber or by the court during the trial the Court notes that this is regulated by the provisions of art. of the Code of Criminal Procedure provisions that do not establish the way of appeal against the conclusion by which the preventive measure of judicial control was taken.
However similar to the previous situation these provisions are corroborated with Country Email List those of art. and of the Criminal Procedure Code. According to them against the conclusion by which the preventive measure of judicial control is ordered by the judge of the preliminary chamber in the procedure of the preliminary chamber or by the court during the trial the defendant and the prosecutor can appeal within hours from the pronunciation or as the case may be from the communication.appeals filed by the defendant are resolved according to art. para. and art. para. of the Criminal Procedure Code within days of registration.
From the analysis of all the situations presented previously it follows that the only case in which the legislator did not regulate a deadline for the resolution of the appeal is that of the formulation of a complaint against the prosecutors order by which he ordered the takingextension of the measure of judicial control during the investigation criminal cases in all other cases the legislator expressly specifies the term of days from the registration of the appeal in which the court is obliged to rule. In other words when the preventive measure of judicial control is taken by a judge whether he is the judge of rights and liberties the judge of the preliminary chamber or the court of.
發表於 2023-12-27 18:18:59
