24 III. ORGANISATION AND PROCEDURE 28
CHAPTER I: ORGANISATION Duties and competences of the investigatory chamber
1. The investigatory chamber shall investigate potential breaches of provisions of this Code on its own initiative and ex officio at its full and independent discretion.
2. If the investigatory chamber deems that there is no prima facie case, it may close the case without referring it to the adjudicatory chamber.
3. If a prima facie case is found, the investigatory chamber shall open investigation proceedings and conduct appropriate inquiries. The chamber shall examine aggravating and mitigating circumstances equally.
4. The investigatory chamber shall inform the parties that investigation proceedings have been opened after a prima facie case has been found. Limited exception to this rule may be made for safety and security or if such disclosure would interfere with the conduct of the investigation.
5. Once the investigation has been completed, the investigatory chamber shall prepare a final report on the investigation proceedings and forward this together with the investigation files to the adjudicatory chamber and one or more members of the investigatory chamber shall present the case before the adjudicatory chamber if a hearing is conducted. If a recommendation is made for sanctioning, the relevant party’s sanctionable conduct and possible rule breaches are to be indicated in the final report.
6. If proceedings have been closed, the investigatory chamber may reopen the investigation if new facts or evidence come to light that suggest a potential breach.
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