Decision of the Court of Cassation, III Criminal Section, No. 30685 of 26 January 2017

The Court of Cassation rejected the recourse against a decision of the judge for preliminary investigation that renounced the accusation “for the particular tenuousness of the crime”, because under Article 409.6 of the code of criminal procedure orders with this content cannot be challenged with a recourse except in certain cases of invalidity. For the Court, Article 409.6 was not in breach of the fair trial principles (Article 6 of the ECHR) and the right of appeal in criminal matters (Article 2 of Protocol No. 7 to the ECHR) given that the orders in question are not entered in  the judicial register and, thus, do not prejudice any legitimate interest of the accused. However, Article 409.6 was subsequently repealed by law No. 103 of 2017.