Subject of Dispute: Termination of Criminal Proceedings Due to Expiration of Pre-Trial Investigation Timeframes.
Main Arguments of the Court:
The court clearly defined for the first time that at the stage of preparatory court hearing, the court has the right to examine procedural documents to verify the grounds for terminating criminal proceedings. In particular, the court may review the decisions of the investigator, prosecutor, and investigating judge, if there are no doubts about their authenticity.
The court established that the pre-trial investigation period for the suspect PERSON_10 has expired, as the indictment was sent to the court on July 03, 2023, beyond the two-month period prescribed by law.
The prosecutor attempted to challenge the decision, arguing that the court had no right to examine procedural documents at the preparatory hearing stage, however, the court found his arguments unfounded.
Court Decision: To uphold the rulings of the local and appellate courts on terminating criminal proceedings against PERSON_10.
