E/CN.4/2003/8/Add.3 page 10 gather the necessary evidence and bring the alleged culprit before a judge. If the Public Prosecutor’s Office is unable to gather the necessary evidence, it must release the suspect, although this decision need not end the preliminary investigation, which follows its course if necessary; (b) Submission of the case. If the Public Prosecutor’s Office believes it has evidence of the corpus delicti and the probable criminal responsibility of the person investigated, it must submit the case to a judge, who issues a decision to accept the case. Once this has been done, the Public Prosecutor’s Office sends the file on the preliminary investigation to the judge. The decision to accept the case establishes the judge’s material and temporal jurisdiction and binds the parties with the judge and each other; (c) Investigation phase. This phase has two sub-phases. The first is known as the pre-investigation phase, in which it is decided whether a person is to be tried or not. From the moment the judge accepts the case, he has 72 hours in which to issue a detention order (if the offence is punishable with a custodial sentence), a committal order (when the offence is not punishable with a custodial sentence or the latter is just an alternative) or a release order (if there is insufficient evidence to proceed). In the latter case, the person is released for lack of sufficient evidence. In this phase, the accused makes a statement and is given the chance to provide evidence of his innocence. The second sub-phase is the investigation proper, which includes the steps taken by the courts to determine whether or not a crime has been committed and the person is responsible. The decision on whether to release a person or send him for trial is based on the outcome of this investigation. This is the phase in which both the accused and the prosecution must produce all the evidence they find necessary for the trial and set forward their arguments. From this sub-phase of the investigation proper onwards, the Public Prosecutor’s Office no longer represents the authority of the State, but acts only as the prosecutor. It thus becomes, together with the suspect, the defence counsel and the criminal judge, one of the parties to the proceedings. The investigation is declared closed by order of the judge; (d) The trial or ordinary proceedings and the judgement. This is the public hearing during which the parties submit to the judge all their evidence, arguments and conclusions, on the basis of which the judge will decide whether a crime has been committed and whether the criminal responsibility of the accused has been established. During the two periods of time allotted for producing evidence, all kinds of evidence can be produced. The judge may, ex officio, order the presentation of evidence that he considers relevant. The judge lends the file to the Public Prosecutor’s Office for five days so that it can give its opinion on the guilt or innocence of the accused. After that, the judge lends the file to the defence lawyer, so that the latter can give an opinion on the Public Prosecutor’s position. This phase ends with the judge’s announcement that the trial is over and the judgement will follow. From that point, the judge has 30 days to hand down a judgement. If the judge finds the accused guilty, he issues a guilty verdict and imposes the punishment prescribed by the Penal Code. If, in the judge’s opinion, no crime has been committed or the accused’s guilt is not proven, the judge acquits the defendant and must therefore leave the accused free to go. If the parties disagree with the verdict, they have five days to appeal against it. An appeal is heard by a court of second instance or high court. The Supreme Court is responsible for verifying the legality of court decisions.