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(1) If the investigations offer sufficient reason to prefer public charges, the public
prosecution office shall prefer them by submitting a
bill of indictment to the
competent court.
(2) Otherwise, the public prosecution office shall terminate the proceedings. The
public prosecutor shall notify the accused thereof if he was examined as such or a
warrant of arrest was issued against him; the same shall apply if he requested such
notice or if there is a particular interest in the notification.
Section 171
Order terminating proceedings
If the public prosecution office does not grant an application
to prefer public charges
or if, after conclusion of the investigations, it orders the proceedings to be
terminated, it shall notify the applicant, indicating the reasons. If the applicant is also
the aggrieved person, the order shall indicate to him the possibility of contesting the
decision and the time limit provided therefor (section 172 (1)). Section 187 (1)
sentence 1 and (2) of the Courts Constitution Act shall apply accordingly to
aggrieved persons who would be entitled to join a public prosecution as private
accessory prosecutor pursuant to section 395, insofar as they make a request for a
translation.
Section 172
Complaint by aggrieved person; proceedings to compel public charges
(1) If the applicant is also the aggrieved person, he shall be entitled to lodge a
complaint against the notification made pursuant to section 171
with the official with
supervisory authority over the public prosecution office within two weeks after
receipt of such notification. On the filing of the complaint with
the public prosecution
office, the time limit shall be deemed to have been observed. Time shall not start to
run if no instruction was given pursuant to section 171 sentence 2.
(2) The
applicant may, within one month after receipt of notification, apply for a court
decision in respect of the dismissal of the complaint by the superior official of the
public prosecution office. He shall be instructed as to this right and
as to the form
such application shall take; the time limit shall not run if no instruction has been
given. The application shall be inadmissible if the sole subject of the proceedings is
an offence which can be prosecuted by the aggrieved person by way of a private
prosecution or if the public prosecution office has dispensed
with preferring public
charges in accordance with section 153 (1), section 153a (1) sentences 1 and 7, or
section 153b (1); the same shall apply in the cases under sections 153c to 154 (1)
as well as those under sections 154b and 154c.
(3) The application for a court decision must indicate both the facts which are
intended to substantiate the preferment of public charges and the evidence. The
application must be signed by a lawyer; legal aid shall be governed by the same
provisions as apply in civil litigation. The application shall be submitted to the court
competent to decide.
(4) The higher regional court shall be competent to decide on the application.
Sections 120 and 120b of the Courts Constitution Act shall apply analogously.
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