site.btaAmendments to Criminal Procedure Code Prevent Return of Cases, Speed Up Proceedings

The government has proposed amendments to the Code of Criminal Procedure that would limit the practice of returning cases for procedural corrections, allow obvious factual errors to be corrected directly during court hearings, and expand opportunities for speeding up proceedings. The changes aim to address identified procedural obstacles and delays that currently prevent criminal cases from being resolved within a reasonable timeframe, shifting the focus from formally returning cases to resolving them on their merits.

The procedure for correcting obvious factual errors in indictments is simplified, without requiring the case to be returned to the pre-trial stage. Examples of such errors include an incorrect name of the defendant or a mistake in the personal identification number.

A new case is introduced for requesting the acceleration of proceedings during the trial phase, in cases where the court fails to take procedural action within a reasonable period without a valid reason. The proposal expands the assessment of delays to cover a wider range of actions, including delays in scheduling hearings, summoning participants in court proceedings, preparing written reasoning for judgments, and other related steps.

Electronic service of summons and documents is also introduced in pre-trial proceedings, which until now has existed mainly during the court phase.