From what event does the prosecutor's period for deciding whether to indict begin, and what must happen if that period runs out with no indictment?
General information · Not legal advice
Material to check
In the practice file, the handover papers from the judicial police officer to the prosecutor matter most, because the provision runs its period from that receipt into the prosecutor's custody. The indictment and its filing record show whether the step was taken in time, and a release record would show what happened at the end of the period.
These are types of material to look for, not evidence already verified by PRO SE.
Where readings differ
One reading takes the trigger at its word: the period begins when the prosecutor receives the suspect into custody from a judicial police officer, and where no indictment is filed within the period the provision sets, release is not a choice — the prosecutor 'shall' release the suspect.
Another reading stresses how narrow the provision is: it speaks only of the suspect already handed over to the prosecutor, so it settles nothing about the earlier time the judicial police officer held the suspect, and it does not say how the period is counted from the day of receipt.
Your judgment
If the handover papers and the indictment's filing stamp point to different starting days, what in the file would show the date the prosecutor actually received the suspect?
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 change the trigger event, the length of the period or the consequence of expiry, or if a court decision fixes how the period is counted from the receipt.