When must the presiding judge send a case to the preparatory hearing, and when may that procedure be brought to an end?
General information · Not legal advice
Material to check
In the practice file of a case under the Act on Citizens' Participation in Criminal Trials, we read the paper in which the accused expressed the desire for citizen participation, any exclusion decision issued before the case was sent to the preparatory hearing, and the court's record showing when the case was referred and when the procedure closed.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the duty at its word: once the accused has expressed a desire for citizen participation, the presiding judge must refer the case to the preparatory hearing, and the only stated exception is that an exclusion decision had already been made before referral.
Another reading stresses that ending the procedure is written as a power of the presiding judge, so once the accused no longer desires citizen participation or an exclusion decision is made, the presiding judge may close it, and the provision does not make closure follow automatically or say when it must take place.
Your judgment
What should the presiding judge weigh in deciding whether to terminate the preparatory hearing once the accused withdraws the desire for citizen participation?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We revisit this card if the provision is amended to make termination automatic rather than optional, or if a court decision explains what the presiding judge must consider in exercising this power.