The court has three days to take the case and if they do the trial starts. There is no way for the court to review any legal challenges before the start of the trial that the defendant or any citizen may raise.
I have done exactly that. Fortunately, the relevant trial has to be appropriately refiled, and there is now definitely time to put the question before the court, ahead of the trial.
Okay, then why the legislation?
What if in the future we run into a situation where we have a properly filed complaint but the defendant raises a constitutional claim that has some degree of validity? There would be no way to stop the trial. They would have to file a separate question but the trial would go on. They may even be banned from the region before their claims can even be heard.
It is (and should be) up to the court to decide if it has a degree of validity, not the petitioner
Hence why a legal question has been posited to the court.
I still don't see what this law accomplishes. It seems we are already able to do what you want to do
The thing is, we aren't. We simply got lucky this time. We can't count on that happening again. :-/
We aren't allowed to pose a question to the judiciary instead of filing a criminal complaint?
A charge from the criminal complaint could set a dangerous precedent. Of course when it was filed, Domais and Wang didn't realize it. It was too late to pose a question to the court at that point because the criminal complaint was ahead of it in the queue. It couldn't be withdrawn. It either had to be accepted or not. So now the amendment intends to make it possible to withdraw a case before the three-day period.
I almost thought you were just messing with me. xD
