Article 56  |  Termination of the investigation

– as amended by College Decision 026/2022 effective 30 August 2022

1. When the handling European Delegated Prosecutor considers the investigation to be completed, he/she shall provide a report containing, inter alia:

a) a summary of the facts that were the object of the investigation, as resulting from the existing evidence;

b) the legal qualification of the facts and their application to the specific case;

c) a reasoned proposal to prosecute, to apply a simplified prosecution procedure, to dismiss the case or to refer it to the competent national authorities;

d) if applicable, a proposal to join several cases and the court where the case should be brought to judgement;

e) any deadlines applicable under national law.

Where applicable, a draft of the indictment or proposal or decision to use a simplified procedure should be attached to the report.

This provision shall also apply to the European Prosecutor who is conducting the investigation personally in accordance with Article 28(4) of the Regulation.

2. The report and the draft decision provided by the European Delegated Prosecutor to be submitted to the Permanent Chamber shall be registered in the Case Management System, which shall notify the supervising European Prosecutor and all the members of the monitoring Permanent Chamber.

3. The report and the draft decision shall be submitted to the supervising European Prosecutor, who, within 10 days shall forward them to the Permanent Chamber, including any own observations he/she may have. Unless the draft decision by the European Delegated Prosecutor proposes to bring a case to judgment, the European Prosecutor may ask the chair of the Permanent Chamber for an extension of the 10-day deadline.

4. The chair of the Permanent Chamber shall decide the date when the report and the draft decision shall be discussed. When the European Delegated Prosecutor submits a draft decision proposing to bring a case to judgement, it shall be discussed at least 5 days before the expiration of the time limit prescribed by Article 36 (1) of the Regulation.

5. When the European Delegated Prosecutor submits a draft decision proposing to bring a case to judgement or to apply a simplified prosecution procedure, the decision of the Permanent Chamber cannot be adopted by written procedure.

6. The Permanent Chamber may adopt or amend the decision proposed by the European Delegated Prosecutor, may adopt a different decision or may instruct the European Delegated Prosecutor to continue the investigation, indicating the specific activities to be undertaken, in accordance with Article 46. If it deems necessary, it may also conduct its own review in line with Article 35(2) of the Regulation.

7. If a decision to dismiss the case has been adopted, the European Delegated Prosecutor shall undertake the notification and information required pursuant to Article 39(4) of the Regulation and note it in the Case Management System.

8. The report shall be submitted by the European Delegated Prosecutor in a manner which ensures the ability to comply with the deadlines foreseen in paragraphs 3 and 4, taking into account the existence of any deadlines applicable in line with national procedural laws. Where this is not possible, the report shall highlight this aspect, as well as giving reasons for it. The supervising European Prosecutor and the Permanent Chamber shall act accordingly.

9. In case the respectively competent Permanent Chamber has delegated its decision-making power in line with Article 55, the report under paragraph 1 shall be provided to the supervising European Prosecutor, who shall adopt the decision as proposed or after amending it as deemed appropriate. If the decision by the supervising European Prosecutor is to dismiss the case, Article 56(7) shall apply.