The preliminary objection is presented before any defence on the merits.
It is admissible only if it is of such a nature as to remove the character of an offence from the fact that serves as a basis for the prosecution.
It is admitted only if it is based on facts or securities that provide a basis for the defendant’s claim.
If the objection is admissible, the court sets a time limit within which the defendant must bring the case before the competent court. If the accused fails to bring the proceedings within this time limit and to prove that he has taken the necessary steps, the exception is disregarded.
If the exception is not admitted, the proceedings are continued.