. NMT03-T0220
Volume III · Page 220
| criminal procedure, fall under the
jurisdiction of the local court. Complaints against the decisions of the
president and the local court will be decided upon by the Special Court.
(3) The president of the Special Court can delegate the interrogation of the defendant and the decision about the warrant of arrest to an associate judge. The same applies to the decisions which are to be made according to articles 116 and 148 of the code of criminal procedure. |
| Article 10 |
| For the defendant who has not yet chosen counsel, counsel has to be appointed at the time when the date for the trial is fixed. |
| Article 11 |
| A preliminary court investigation will not be held. If a preliminary court investigation is pending at the time this decree becomes effective, the records are to be transferred in due time to the prosecutor of the Special Court. |
| Article 12 |
| (1) The indictment must contain a summary of
the results of the investigations. (2) The order of the court to open the trial can be dispensed with. Instead of the request of the prosecution for the order to open the trial, there will be the request of the prosecution to fix a date for the trial. After receiving the indictment the president will set a date for the trial, if in his opinion the legal prerequisites for it are fulfilled. Otherwise he will put the decision to the court. When setting the date for the trial, the president will also decide upon the warrant of arrest or the continuation of the arrest pending trial. (3) The legal administration of the State can decree that the clerk of the Special Court will issue the summons for the trial and produce those objects which are to serve as evidence (art. 214, par. 1 of the code of criminal procedure). The legal administration of the State can delegate this power. (4) The term of the summons (art. 217 of the code of criminal procedure) is 3 days. It can be shortened to 24 hours. (5) The effects which the code of criminal procedure connects with the opening of the trial take place with the filing of the indictment. The effects, which the code of criminal procedure connects with the reading of the order of the court to open the trial, |
