The subject of this article is a consideration of the procedural consequences of a prosecutor’s failure to formulate charges despite there being statutory reasons for moving from the in rem phase to the in personam phase of the investigation. In particular, the analysis refers to the legal effects of preventing the suspect from acting in the proceedings and exercising their rights during the investigation. It also concerns the consequences of conducting evidentiary proceedings at an inadequate phase of the investigation, precisely because of in rem investigation being conducted without justification when the prosecutor has failed to make the relevant procedural decision.