Which dispositions by a prosecutor or judicial police officer may be taken to court under this provision, and to which court?
General information · Not legal advice
Material to check
For this practice exercise, we read the copy of the disposition complained of — a detention decision, a seizure disposition, a ruling on the return of seized property, or a ruling on defence counsel's participation and related matters — with the papers showing where the official execution took place and which office the prosecutor belongs to.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the listed subjects exhaustively: where there is dissatisfaction with a disposition of a prosecutor or judicial police officer concerning detention, seizure, the return of seized property, or dispositions on defence counsel's participation and related matters, cancellation or alteration may be requested from the court with jurisdiction over the place of official execution, or from the court answering to the all-level public prosecution office and branch office to which the prosecutor belongs.
Another reading notes what the provision leaves open: it offers the second court solely in terms of the office to which the prosecutor belongs, and says nothing about which court corresponds to a judicial police officer's office; it also names no applicant, no time limit and no procedure, so those points must be found elsewhere.
Your judgment
Where the disposition was made by a judicial police officer rather than a prosecutor, what in the practice file shows which of the two courts named in the provision can properly be asked to act?
PRO SE does not make this decision or keep a case record on this public site.When to reconsider
We look at this again if the provision is amended to name who may bring the challenge or to add further dispositions, or if a court decision determines how the court corresponding to an office is identified for a disposition made by a judicial police officer.