Pre-trial Mechanism

  1. Pre-trial is led by a Single Judge appointed by the Head of the District Court and assisted by a Registrar (Article 78 paragraph (2) of the Criminal Procedure Code).
  2. The determination of the trial day also contains the summons of the applicant and respondent of the pre-trial.
  3. Within 7 (seven) days from the date the pre-trial application is examined, the application must be decided.
  4. The applicant may withdraw their application before the District Court renders a decision if approved by the respondent. If the respondent approves the proposed withdrawal of the application, the District Court shall issue a determination regarding the withdrawal.
  5. In the event that a case has begun to be examined by the court while the pre-trial examination has not been completed, the application shall be dismissed. This shall be stated in the form of a determination.
  1. Pre-trial decisions cannot be appealed (Article 83 paragraph (1), except for decisions stating "the illegality" of the termination of investigation and prosecution (Article 83 paragraph (2) of the Criminal Procedure Code).
  2. In the event that there is an appeal against a pre-trial decision as referred to in Article 83 paragraph (1) of the Criminal Procedure Code, the application must be declared inadmissible.
  3. The High Court decides on appeals regarding the illegality of the termination of investigation and prosecution at the final level.
  4. A cassation legal remedy cannot be filed against a pre-trial decision.