Whether the dismissal order had to be annulled because the prosecutor failed to notify the parties of the imminent closure of the investigation under Art. 318(1) CPP.
Yes. The failure to give the required closing notice violated the complainant’s right to be heard and made the dismissal order annulable.
Art. 318(1) CPP requires written notice of the imminent closure and a time limit for evidence requests. No such notice was sent before the dismissal order; the prosecutor also should have answered the requested extension. The court held that a non-entry order would have been the proper form only if no investigation was to be opened, but that was not the case here.