Supervisory Appeal

What is a supervisory appeal?

A supervisory appeal is an expediting legal remedy by means of which a party to proceedings informs the prosecution management that the decision-making in their case has been unduly lengthy.

The supervisory appeal may not be used for enforcing substantive errors in the state prosecutor’s work.

The supervisory appeal relating to the work of the state prosecution service is governed in Articles 155 to 157 of the State Prosecution Service Act .

Who may file the supervisory appeal?

The supervisory appeal may be filed by any party to proceedings (particularly a suspect or an injured party) conducted by a state prosecutor and who demonstrates legal interest if they believe that the state prosecution service is taking an unreasonably long time to resolve a case and is encroaching upon their right to trial without undue delay.

Who decides on the supervisory appeal?

The head of the state prosecution service decides on the supervisory appeal. If the case is dealt with by the head of the state prosecution service, it is decided on by the state prosecutor general.

Where do I file a supervisory appeal?

The supervisory appeal is filed with the competent state prosecutor’s office. It may also be filed with the ministry responsible for justice, which will forward it to the head of the competent state prosecutor’s office and request to be notified of the findings and the decision.

What are the effects of the supervisory appeal being filed?

The supervisory appeal is dealt with by the head of the state prosecution service, who informs the state prosecutor assigned to resolve the case about the content of the supervisory appeal. They demand from the state prosecutor an explanation of the case and possible measures for speedier resolution.

The state prosecutor’s clarification or the head’s own explanation is submitted to the applicant. If the state prosecutor’s clarifications are insufficient, the head determines a suitable deadline for the execution of certain actions or a completion of the resolution of the case.

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