Article 77
The district court is authorized to examine and decide upon, in accordance with the provisions of this law:
whether or not arrest, detention, suspension of investigation or cessation of prosecution;
b.ganti loss and or rehabilitation for a person whose criminal matters are terminated at the level of investigation or prosecution.
Article 78
(1) Who exercises the authority of the district court as referred to in Article 77 is pre-trial.
(2) The pretrial is presided over by a single judge appointed by the head of the district court and assisted by a clerk.
Article 79
A request for an examination of whether or not an arrest or detention is brought by the suspect, his family or his proxy to the head of a district court by mentioning the reasons.
Article 80
Requests to verify whether or not a suspension of an investigation or prosecution can be filed by an investigator or public prosecutor or an interested third party to the head of a district court by stating the reason.
Article 81
A request for compensation and or rehabilitation due to the illegality of arrest or detention or the legal consequence of suspension of an investigation or prosecution shall be brought by a suspect or an interested third party to the chairman of the district court by reason of the reasons.
Article 82
(1) The pre-trial examination for the matters referred to in Article 79, Article 80 and Article 81 shall be determined as follows:
a. within three days after receipt of the request, the designated judge establishes the day of the hearing;
b. in examining and deciding on the validity or absence of arrest or detention, whether or not the suspension of an investigation or prosecution; demand for compensation and / or rehabilitation resulting from the illegality of arrest or detention, due to the suspension of an investigation or prosecution and any seized items not including the means of verification, the judge hearing the statements of both the accused or the applicant and the competent authority;
c. the examination shall be conducted promptly and no later than seven days the judge shall have already rendered his verdict;
d. in the event that a case has already been investigated by the district court while the examination of the request to the pretrial has not been completed, the request is void;
e. pretrial judgments at the level of investigation do not rule out the possibility of conducting pretrial hearings again at the level of examination by the public prosecutor, if a new request is made.
(2) The decision of a judge in a pre-trial hearing on matters referred to in Article 79, Article 80 and Article 81 shall clearly state the grounds and reasons thereof.
(3) The content of the decision other than containing the provisions referred to in paragraph (2) also contains the following
a. in the case of a verdict establishing that any arrest or detention is illegal; the investigator or the public prosecutor at the respective examination level shall immediately release the suspect;
b. in the case of a decision stipulating that a suspension of an investigation or prosecution is invalid, the investigation or prosecution of the suspect shall proceed;
c. in the case of a verdict establishing that an arrest or detention is invalid, the decision shall include the amount of compensation and rehabilitation provided, whereas in the event of a suspension of investigation or prosecution
is lawful and the suspect is not detained, then the verdict shall be implied with his rehabilitation;
d. in the case of a verdict stipulating that a seized object exists that does not belong to the means of proof, it shall be stated in the verdict that the object shall be returned to the suspect or to whom it is confiscated.
(4) Indemnification of damages may be requested, including those referred to in Article 77 and Article 95.
Article 83
(1) In respect of pretrial rulings in cases referred to in Article 79, Article 80, and Article 81 can not be appealed.
(2) Excluded and the provisions of paragraph (1) shall be pretrial decrees stipulating the unauthorized discontinuation of an investigation or prosecution for which a final judgment may be required by a court of law in the relevant jurisdiction.
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