The Illegality of the Decision to Sever in Relation to Certain Material Acts of a Continuing Offense

Abstract

The criminal investigation authority is obliged to take all necessary measures to ascertain the truth and clarify the case from all perspectives. In practice, situations may arise where, due to many defendants, the investigation of the case proves challenging. Thus, except in cases expressly regulated by the legislator, severance of cases may be ordered to ensure the proper administration of justice. This paper analyzes the circumstances under which the joinder or severance of cases may be ordered, whether such measures taken during the criminal investigation can be subject to preliminary chamber proceedings, and identifies the sanction applicable to an unlawfully ordered severance by the prosecutor. The study begins with a theoretical analysis of the institution of joinder and severance of cases, followed by an empirical investigation based on practical cases found in national jurisprudence, concluding with the author’s own inductive research. The topic is of interest to both practitioners and theorists of criminal procedure law.