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Official Gazette of the Republic of Cameroon
on the Code of Criminal Procedure
N ° 2005/007
July 27, 2005
The National Assembly deliberated and adopted,
The President of the Republic promulgates the law, the content of which follows:
Book I
GENERAL PROVISIONS
Title I
PRELIMINARY PROVISIONS
Article 1 - This law relates to the Code of Criminal Procedure. It lays down the rules concerning
especially :
a) The finding of offenses against criminal law;
b) The search for their authors;
c) Administration of evidence;
d) The powers of the prosecution bodies;
e) The organization, composition and competence of criminal courts;
f) The pronouncement of guilt or not guilty;
g) The application of the penal sanction;
h) The remedies;
i) The rights of the parties;
j) The modalities for the execution of sentences.
Article 2 - This Code is of general application subject to certain provisions
provided for by the Code of Military Justice or specific texts.
Article 3 - (1) The violation of a rule of criminal procedure is sanctioned by nullity
absolute when it:

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a) Prejudice to the rights of defense defined by the legal provisions in force;
b) Undermines a principle of public order.
(2) The invalidity provided for in paragraph 1 of this article cannot be covered.
It can be invoked at any stage of the procedure by the parties, and must be invoked ex officio by
the trial court.
Article 4 - (1) Cases of violation other than those provided for in article 3 are penalized
of relative nullity.
(2) The objection of relative nullity must be raised by the parties in limine litis and before the
district jurisdiction. It is covered after this phase of the trial.
Article 5 - The annulled acts are withdrawn from the file of the procedure and filed with the registry. He
It is forbidden to draw information against the person concerned on pain of
lawsuits for damages.
Article 6 - (1) The joinder of proceedings is compulsory in cases of indivisibility and
optional in the case of connectivity.
(2) There is indivisibility:
a) in the event of more than one perpetrator or accomplice of the same offense;
b) where there is between several offenses committed by the same person a
a relationship so close that one cannot be judged without the other;
c) when separate offenses committed at the same time relate to the same
goal.
(3) There is a connection:
a) when the offenses were committed at the same time by several people
acting together;
b) when offenses have been committed by different persons even in
different times and places, but as a result of a conspiracy;
(c) where an offense has been committed, either to facilitate the commission of another,
either to ensure their impunity;
d) when there is concealment;
e) in all cases where there is a close relationship between the offenses similar to
those listed in this paragraph.
Article 7 - The deadlines provided for in this Code are calculated as follows:

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(a) the day on which the act was committed does not enter into the calculation of the time limit;
b) the day on which the act which causes the time limit to run is performed does not enter into the calculation
of the deadline;
c) the period fixed in years or months is calculated from date to date;
d) the time limit set in hours is calculated from hour to hour;
e) when the last day is a Saturday, a Sunday or a public holiday, the time limit is
extended until the next business day.
Article 8 - (1) Anyone suspected of having committed an offense is presumed
innocent until her guilt has been legally established in a trial where
all the guarantees necessary for its defense will be provided to it.
(2) The presumption of innocence applies to the suspect, the accused, the accused and the accused.
Article 9 - (1) The suspect is any person against whom there is information or
clues likely to establish that she may have committed an offense or participated in the
commission of it.
(2) The accused is the suspect to whom the Examining Magistrate notifies that he is now presumed
as being either author or co-author or accomplice of an offense.
(3) The accused is any person who must appear before a trial court
to answer for an offense qualified as a fine or misdemeanor and the accused, any person who
must appear before a trial court to answer for a qualified offense
crime.
Article 10 - When during an investigation or judgment procedure, it is noted
that an individual has usurped a civil status or has been convicted under a false identity, the examination of
the case is suspended, until the rectification of the false identity, at the request of the Ministry
Public who, for this purpose, seizes, as the case may be, the competent judicial identity service or the
criminal court whose decision is tainted with an error as to the identity of the convicted person.
Title II
JUSTICE MANDATES
Article 11 - (1) The judicial warrant is a written act by which a magistrate or a
court orders:
- the appearance or conduct of an individual before him or her;
- the provisional detention of an accused, an accused, an accused or a witness
suspected of interfering with the search for evidence;
- the imprisonment of a convicted person;

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- the search for objects having served in the commission of an offense or constituting the
product.
(2) Constitute warrants of justice, the warrant of appearance, the warrant of arrest, the
remand warrant, extraction warrant, search warrant, warrant
arrest and the warrant of committal.
Article 12 - (1) The Public Prosecutor may award:
(a) warrants for appearance, arrest, search and extraction;
b) remand warrants for flagrante delicto.
(2) The Examining Magistrate may issue a warrant for appearance, arrest, search,
arrest, pre-trial detention and extraction.
(3) The trial court may issue a warrant to appear, to bring, to
search, arrest, pre-trial detention, incarceration and extraction.
Article 13 - (1) The warrant of appearance gives the person concerned formal notice
present to his signatory, at the date and time indicated therein.
(2) The warrant of appearance shall be served on the person designated therein, by an officer or agent
police or by any other agent authorized to do so.
(3) The notification consists of the delivery of a copy to the data subject, who signs
the original, which is returned to the author of the mandate. If that person cannot sign, they
imprint of the thumb of the right hand or any other finger. If she refuses to sign
or to affix its imprint, mention of this is made on the original.
(4) In the event of the effective appearance of the person designated on the warrant, he or she is heard
without delay. In case of non-appearance, a warrant may be issued against her.
Article 14 - (1) The arrest warrant is the order given to the judicial police officers to
immediately lead in front of its author, the person designated therein. It is executed
in accordance with article 27 below.
(2)
a) The signatory of the mandate hears the person concerned as soon as it is presented to him.
b) The principal to bring in ceases to have effect at the end of the hearing.
(3) If the person against whom the arrest warrant has been issued is arrested outside the jurisdiction
jurisdiction or in a place other than that where the author of the mandate resides, it is
taken to the nearest public prosecutor's office, which, after verifying his identity, takes all
measures with a view to its transfer to the said author.
(4) While completing the formalities provided for in paragraph 3, and during the
transfer, the regime applicable to the person concerned is that of police custody.

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(5) If the person against whom the arrest warrant has been issued cannot be found, a
detailed report of unsuccessful searches is drawn up and sent to the authority
court which issued the said warrant.
(6) In the event of unsuccessful searches as provided for in paragraph 5 of this article:
- the original of the mandate is signed, either by the head of the administrative district, the
mayor, either by the village or district head of the place of residence or the last
known residence;
- a copy of the mandate is displayed in the constituency offices
administrative, at the town hall or at the common house of the village; mention of this
display is made on the original;
- a report of the whole is drawn up to be sent to the author of the mandate; copy of
minutes is posted in the same place as a copy of the mandate.
Article 15 - The remand warrant is the order given by the Public Prosecutor
Republic in the event of a flagrant felony or misdemeanor, the Examining Magistrate or the jurisdiction of
judgment, to the manager of a prison, to receive and detain the accused or the accused. It is governed
by the provisions of Articles 218 to 221.
Article 16 - The search warrant is the order given to the judicial police officer by the
Public Prosecutor, the Examining Magistrate or the trial court, to enter
in any public or private place, to search it for the purpose of searching for and seizing any objects or
documents which were used in the commission of an offense or which appear as the
proceeds of an offense.
Article 17 - The extraction warrant is the order given to the manager of a prison, by one of the
judicial authorities referred to in Article 12, to have brought, either before it or at the hearing,
an accused, an accused, an accused or a convict.
Article 18 - (1) The arrest warrant is the order given to a judicial police officer to
search for an accused, an accused, an accused or a convicted person and bring him before one
judicial authorities referred to in Article 12.
(2) When the accused, the accused or the convicted person is on the run, the Examining Magistrate or the
trial court may issue an arrest warrant against him, if the offense referred to is
punishable by deprivation of liberty, or in the event of such a sentence.
(3) When the accused, the accused, the accused or the convicted person resides outside the national territory and
does not respond to the summons of justice, the Examining Magistrate or the trial court
may, for the purpose of extraction, issue an arrest warrant against him if the offense referred to is punished
a custodial sentence of at least six (6) months, or in the event of a
such a penalty.
Article 19 - (1) The person arrested under an arrest warrant shall be taken without delay
before the Examining Magistrate or the President of the court which awarded it, who may
immediately give a show of hands, if this person provides one of the guarantees provided for in
section 246 (g).

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(2)
a) Otherwise, she is taken immediately to the prison indicated on the warrant,
subject to the provisions of paragraph 3 of this article.
b) Within forty-eight (48) hours of the incarceration of this person, his
examination by the Examining Magistrate or, where applicable, at the next hearing by
the trial court which issued the arrest warrant.
(3) The Examining Magistrate or the trial court rules on the detention in the
conditions provided for in Articles 221 and 222.
(4) If the person is arrested outside the territorial jurisdiction of the Examining Magistrate or the
trial court which issued the warrant, it is immediately brought before the
Public Prosecutor of the place of arrest, who immediately informs the Judge
or the president of the jurisdiction that issued the warrant, arrest,
diligence and requires the transfer of the arrested person.
Article 20 - (1) If the person subject to an arrest warrant cannot be found after
careful searches, a copy of the said warrant is notified to his last known residence or to the
village or district chief.
(2) A report of the diligence carried out is drawn up and sent to the author of the mandate.
(3) The judicial police officer in charge of the execution of the arrest warrant shall have his trial certified.
verbal by one of the administrative authorities mentioned in Article 14 (6), and leaves him a copy for
display.
Article 21 - (1) Except in the case of a felony punishable by the death penalty, the arrest warrant may
contain the mention that the person to be arrested will be released if he produces the guarantees
that it lists. In this case, the mention specifies in addition to the magistrate before whom or the
court before which the person to be arrested must appear:
- either the number of guarantors, if any, and the amount of the sum of money they
undertake to pay in the event of non-representation;
- or the amount of the security to be paid by the person to be arrested.
(2) When such mention is made, the judicial police officer shall place the designated person
on the warrant at liberty, as soon as the conditions thus set are met.
(3) The commitment made by the arrested person or his guarantors, and where applicable, the
references of the receipt for payment of the deposit are sent, accompanied by the
minutes of execution of the mandate, to the magistrate before whom or to the court before
which this person has to appear.
Article 22 - The judicial police officer responsible for the execution of a warrant may be
accompany elements of the police in sufficient number so that the person does not
can escape.

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Article 23 - The judicial police officer responsible for the execution of an arrest warrant may not
this end to break into a residence before 6 a.m. and after 6 p.m.
Article 24 - The judicial police officer who has executed an arrest warrant is
required to disseminate a notice of cessation of research as soon as the person to
the competent judicial authority.
Article 25 - The warrant of imprisonment is the order given to the manager of a prison by a
trial jurisdiction, to receive and detain a convicted person.
Article 26 - Any mandate, with the exception of the extraction mandate, specifies the surname, first names,
date and place of birth, parentage, profession and address of the person concerned; it is dated
and signed by the magistrate, having awarded it, and is clothed with his seal.
The extraction warrant may contain only the first and last names of the person concerned,
as well as the prison where she is imprisoned.
Article 27 - (1) Judicial warrants are enforceable throughout the territory
national
(2) Any mandate remains enforceable except for its withdrawal by the competent magistrate.
Article 28 - Subject to the provisions of article 23, warrants may be executed at
any time including Sundays and holidays.
Article 29 - A warrant may be executed even if at the time of execution, the officer
judicial police does not have it in its possession.
In this case, any document in lieu of it must be notified to the arrested person, and the police officer
judicial police proceed as prescribed in article 19 (4).
Title III
OF THE ARREST
Article 30 - (1) Arrest consists of apprehending a person with a view to presenting him
without delay before the authority provided by law or by the title under which the arrest is
performed.
(2) The officer, judicial police officer or law enforcement officer who carries out a
arrest instructs the person to stop following him and, in the event of refusal, makes use of all
means of coercion proportionate to the resistance of the person concerned.
(3) Any individual may, in the event of a flagrant felony or misdemeanor as defined in article 103,
arrest its author.
(4) No harm must be done to the physical or moral integrity of the person
apprehended.

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Article 31 - Except in the case of a flagrant felony or misdemeanor, the person who makes an arrest must
state their identity, inform the person of the reason for the arrest and, if applicable,
allow a third party to accompany the arrested person to ascertain their whereabouts
conduct.
Article 32 - The officer or agent of the judicial police may in any public or open place
to the public, arrest and without prejudice to the provisions of article 83 paragraph 3, keep
for a period of not more than twenty-four (24) hours, the author of a contravention who either
refuses to disclose his identity, or indicates an identity considered false.
Article 33 - Any magistrate, witness to a crime or a flagrant offense, may verbally or
in writing and after having stated his identity, his capacity and his functions, order the arrest
of the perpetrator or accomplice and their presentation to the competent authority.
Article 34 - Judicial police officers send daily to the Public Prosecutor
Competent republic, the status of persons held in police custody.
Article 35 - (1) The judicial police officer who makes an arrest or before whom
a law enforcement officer or an individual leads a suspect, may search him or do so
search, detain and place in safe places all objects found in his possession, with the exception of
necessary clothing.
(2) An inventory of the seized objects is drawn up immediately, signed by the police officer
court and the arrested person and a witness.
(3) When an arrested person is released, those of his seized property that is not
not constitute evidence are immediately returned to him on the record and
where appropriate, before a witness.
Article 36 - (1) When a judicial police officer responsible for the execution of a warrant of
justice has good reason to believe that the wanted person has found refuge in a place
private, the occupant is required to facilitate access.
(2) In the event of refusal, the judicial police officer shall draw up a report, request any witness
immediately available and forced his way into the said place.
Article 37 - Any person arrested shall benefit from all reasonable facilities in view of
to get in touch with his family, to set up a council, to find the means to
self-defense, see a doctor and receive medical treatment, and take appropriate
provisions necessary for the purpose of obtaining a surety or his release.
Article 38 - Any person is required, when required to do so, to provide assistance to the
magistrate, to the judicial police officer or agent, with a view to apprehending a person or
prevent it from escaping. In case of refusal, the provisions of article 174 of the Penal Code are
applicable.
Title IV
NOTIFICATIONS, QUOTES AND MEANINGS

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Chapter i
NOTIFICATIONS
Article 39 - Notification consists of bringing a legal act to the attention of a
nobody. It is done administratively, in particular by registered letter with
acknowledgment of receipt or by a judicial police officer, who draws up a report.
Chapter II
QUOTES
Article 40 - (1) The summons is a summons to appear before a court.
(2) It is issued by bailiff's writ to the accused, the accused, the accused, the civil party,
to witnesses, to civil liability and possibly to the insurer.
(3) The summons is issued at the request of the Public Prosecutor's Office, of the injured party by
offense or any interested person.
(4) It is served to anyone, at the workplace, at home, at the town hall or at the public prosecutor's office.
Article 41 - (1) In addition to the date of issue, the citation mentions the surname, first names,
parentage, date and place of birth, profession, address, residence and possibly domicile
elected representative of the applicant, the surname, first names and address of the bailiff, the surname, first names, filiation and
the full address of the recipient, particularly his home or place of work.
(2) The quotation states the incriminated facts and refers to the text of the law which punishes them.
It also indicates, as the case may be, the Examining Magistrate or the trial court seised,
determines the place, time and date of the hearing and specifies that the person is cited as
accused, accused, accused, civil party, civilly responsible, witness or
insurer.
(3) The summons issued to a witness must also mention that the non-appearance, the
refusal to testify and false testimony are punishable by law.
Article 42 - The civil party who sets in motion the public action by way of summons
direct, must elect domicile in the jurisdiction of the court seized if it is not there
domiciled.
Article 43 - (1) The bailiff must always diligence to serve the summons to the person
even of the recipient. It mentions on the original as well as on the copy left to the recipient
of the citation, his due diligence and the answers given to his possible interpellations.
(2) The public prosecutor, the investigating judge or the trial court may order
the bailiff for new procedures if he considers that those which have been carried out are incomplete.
Article 44 - (1) The named person signs the original and the copies.

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(2) If she does not know, is unwilling or unable to sign, the bailiff must mention this on the original and
the copies.
Article 45 - (1) When the bailiff cannot find the person to be summoned, neither at his domicile, nor at his
residence, nor at his place of work, he leaves a copy of the citation to anyone found on the
places. Subject to the provisions of article 44 paragraph 2, the person who receives the document signs
on the original and copies.
(2) The bailiff shall indicate in the summons the surname, first names and address of the person to whom
copy of the citation is delivered, as well as its quality in relation to the recipient.
(3) In the case referred to in paragraphs 1 and 2, the copy must be delivered in a closed envelope.
bearing on one side only the surname, first names and address of the recipient and on the other, the
stamp of the study of the bailiff affixed on the closure of the fold.
Article 46 - (1) When the bailiff finds no one at the address of the recipient of the document or
when the people found there refuse to receive the document, he immediately checks
the accuracy of said address.
(2) When the address is correct, the bailiff shall mention his due diligence on the original and the copies
and findings, then have them stamped by the mayor or the one who replaces him or failing that, by the chief
village or neighborhood. A copy is delivered in a closed envelope in the forms
provided for in Article 45.
Article 47 - (1) In the cases provided for in Articles 45 and 46, the bailiff shall immediately inform the
person named, by registered letter with acknowledgment of receipt, of the delivery made.
(2) When it appears from the acknowledgment of receipt that the person cited has received the registered letter
within the time limit provided for in article 52, the summons is deemed to have been served to no one.
Article 48 - When the person to be cited is without domicile, residence or place of work
known, the bailiff causes the original and copies of the summons to be stamped by the Public Prosecutor
République and left him a copy for display at the gates of the Palais de Justice.
Article 49 - (1) When it is not established that the named person has received the registered letter
addressed to him by the bailiff in accordance with the provisions of Article 47, or when the
summons has been issued to the public prosecutor's office or town hall, a judicial police officer may be required
by the Public Prosecutor's Office for the purpose of carrying out further research with a view to notifying
effectively the citation to the person concerned.
(2) In all cases, the judicial police officer shall draw up a report of his diligence and the
forward without delay to the public prosecutor.
(3) When the judicial police officer has effectively notified the summons to the person
concerned, it is deemed to have been cited in person.
Article 50 - (1) Persons residing abroad are summoned to the public prosecutor's office.
(2) The Public Ministry sends a copy in a closed envelope to the Ministry responsible for
Foreign Affairs, which has it notified to the addressee without delay through diplomatic channels.

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(3) When there is a judicial agreement between Cameroon and the country in which resides
the person cited, the Public Ministry sends a copy directly in a closed envelope to
the authority referred to in the agreement.
Article 51 - (1) The original of any citation shall be sent to the applicant without delay.
(2) If the summons has been issued at the request of the Public Prosecutor, a copy must be attached to
the original.
(3) The bailiff is required to indicate the cost of the act, at the foot of both the original and the copies,
under penalty of a civil fine of 5,000 to 25,000 francs. This fine is pronounced by
order of the President of the court seised, either ex officio or on requisition of the
Public minister.
Article 52 - (1) The period between the day on which the summons is issued and the day fixed for the
appearance is at least 5 days if the person summoned resides in the town or locality where
place his hearing or questioning.
(2)
a) The period is five days, plus a distance period of one day for 25 kilometers, when the
person named resides outside the city or locality where the hearing or questioning takes place.
b) These deadlines are calculated on the distance separating the residence of the person cited from the place of
hearing or questioning.
(3) The deadline is ninety (90) days if she resides abroad.
Article 53 - In the event of failure to observe the time limits prescribed in Article 52 above, the rules
the following are applicable:
a) If the person cited does not appear, the citation must be declared void by the
jurisdiction or the Examining Magistrate, who orders a new summons
b) If the named person presents himself, he must be informed of what he has been
irregularly cited and that she may request a delay or agree to be heard or
judged.
Article 54 - The invalidity of a citation may be pronounced when the omissions or errors
raised by a party harmed its interests.
Article 55 - When the summons is declared void by the bailiff, the latter shall bear it
expenses. He is also ordered to pay the costs of the annulment decision.
Chapter III
MEANINGS

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Article 56 - (1) Service is the delivery, by bailiff's writ, of a procedural document
or a court decision, to its addressee. It is done at the behest of the Public Prosecutor
or any interested party.
(2) The provisions of Articles 40 to 55 are applicable to exploits of service.
Article 57 - If service has not been made to anyone, it can be done at home, at
town hall, prosecutor's office, guarantor or workplace.
Article 58 - The bailiff cannot act for himself, his spouse, his ascendants,
his descendants, his collaterals and their descendants as well as those of their spouses, his

his descendants, his collaterals and their descendants as well as those of their spouses, his
allies, relatives of allies to the same degree, nor for its employees.
Book II
OF THE FINDING AND PROSECUTION OF OFFENSES
Title I
PUBLIC ACTION AND CIVIL ACTION
Article 59 - (1) Any infringement may give rise to public action and, possibly, to
civil action.
(2) The public action tends to pronounce against the perpetrator of an offense, a penalty or a
security measure decreed by law.
(3) Civil action seeks compensation for the damage caused by an offense.
Article 60 - Public action is set in motion and exercised by the Public Ministry.
It can also be set in motion by an administration or by the victim, in the
conditions determined by law.
Article 61 - Civil action may be brought at the same time as public action before the
same jurisdiction when both result from the same facts.
It can also be exercised separately from the civil action. In this case, the court seised of
the civil action is suspended until a final decision on the public action is taken.
Article 62 - (1) Public action is terminated by:
(a) The death of the suspect, the accused, the accused or the accused;
b) Prescription;
c) Amnesty;
d) The repeal of the law;
e) Res judicata;

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f) The transaction when the law expressly provides for it;
g) Withdrawal of the complaint, when this is the condition for starting
public action;
h) The withdrawal of the complaint, the withdrawal of the civil party in matters of
contravention and misdemeanor, when it set public action in motion.
(2) The provisions of paragraph (1) (h) above are only applicable if:
- The withdrawal or withdrawal of the complaint is voluntary;
- It has not yet been ruled on the merits; the facts do not affect public order or
good morals;
- In the event of more than one civil party, all withdraw or withdraw their complaint;
- The withdrawal or withdrawal of the complaint is not caused by violence, fraud or
fraud.
(3) In the case provided for in paragraph 2 above, the Court shall give notice to the civil party of its
withdrawal or withdrawal of its complaint and orders it to pay the costs.
Article 63 - When a court has been seized of both the public action and the action
civil, the occurrence of one of the events provided for in Article 62 (1) above leaves
civil action, except in the case referred to in paragraph 1 (h) of said article. The court seised decides on
this one.
Article 64 - (1) The Attorney General to a Court of Appeal may, with written authorization from the
Minister in charge of Justice, request in writing and then orally, the termination of criminal proceedings against
any stage of the proceedings before the intervention of a decision on the merits, when these proceedings
are likely to compromise the social interest or public peace.
(2) In the case provided for in paragraph 1 of this article, the Examining Magistrate or the court
judgment notes a relinquishment of public action and releases the
warrants possibly issued against the beneficiary of the stay of proceedings.
(3) When the public action has been stopped pursuant to paragraph 1, the Examining Magistrate
or the trial court continues the investigation or examination of the civil action case.
(4) The stopping of proceedings does not prevent their resumption when they prove necessary.
(5) Apart from the cases provided for in paragraph 1 above and in Article 62 (1) h), public action shall not
must be, in any way whatsoever, barely taken to task against the magistrate concerned,
neither suspended nor stopped.
Article 65 - (I) Prescription is the extinction of public action resulting from non-exercise
of this before the expiry of the time limit for taking action.

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(2) In matters of crime, public action is prescribed by ten years from the next day.
from the day the crime was committed, if none of the acts referred to have occurred during this interval
in section 66.
(3) If one of the acts has been carried out within this time interval, public action is not prescribed
until after ten years have elapsed from the day after the date of this act.
(4) In matters of misdemeanor, subject to the provisions specific to certain infringements, the
limitation period for public action is three years. It is calculated according to the
distinctions specified in paragraphs (2) and (3).
(5) In matters of contravention, the limitation period for public action is one year.
It is calculated according to the distinctions specified in paragraphs (2) and (3).
(6) In the event of prosecution for related offenses, the limitation period is that prescribed
for the most severely punished offense.
Article 66 - Acts interrupting the prescription of public action: the
filing of a complaint, the written instructions of the Public Prosecutor's Office prescribing measures
investigation, the exploits of bailiffs, the police investigation reports, the warrants of
justice, the questioning of the accused, the accused or the accused and the hearing of the civil party,
of the civilly responsible, of the witnesses and of the insurer to judicial information or to
the hearing, the avant-dire-droit judgments and the declarations of appeal.
Article 67 - Acts interrupting the prescription of public action produce effect
even with regard to persons who are not involved or designated in these acts.
Article 68 - (1) The limitation period is suspended by any legal or factual obstacle which
prevents the setting in motion of public action.
(2) The following constitute legal obstacles:
a) invocation of a preliminary exception to the decision on public action;
b) parliamentary immunity;
c) awaiting legal authorization prior to prosecution;
d) the cassation appeal;
e) the existence of a conflict of jurisdiction.
(3) The following constitute in particular de facto obstacles:
a) invasion of territory by enemy armies;
b) the dementia of the suspect, the accused, the accused or the accused
after the commission of the offense;
(c) the flight of the suspect, the accused, the accused or the accused;

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(d) the inclusion of cases on the roll for a hearing;
e) referrals of cause noted in the plumitif;
f) the fact that a court does not perform an act within its jurisdiction
thus preventing a party to the trial from acting or defending itself.
Article 69 - (1) The prescription of public action is of public order.
(2) The duration of the limitation period is determined according to the qualification given to the offense by
the trial court when it rules on the public action.
Article 70 - The withdrawal of the civil action cannot suspend the exercise of the action
public, unless otherwise provided by law.
Article 71 - (1) Civil action arising from an offense belongs to any natural person or
moral which suffered prejudice.
However, an unemancipated minor or any person suffering from an incapacity cannot exercise
himself the civil action before the court only through his legal representative.
(2) Civil action against an incapable person must be brought through his representative.
It does not call into question the heritage of the latter.
Article 72 - The liability insurer may, at the request of the victim of the offense or
civilly liable, be summoned to appear before the court seized to agree
order, jointly and severally with the accused, to repair the damage caused by the offense.
Article 73 - In the event of the death of the victim, the civil action is devolved to his successors.
Article 74 - (1) Associations, unions and professional orders may not exercise
civil action in criminal proceedings only on condition of invoking a
certain damage and a collective or professional interest.
(2) The liability insurer of the civil party or of the civilly liable is inadmissible
to seek, in a criminal procedure, the condemnation of the accused to the payment of
disbursements made by him under the insurance contract.
Article 75 - (1) The civil action joined to a repressive action is admissible only if it is
based on direct, certain and actual harm.
(2) Unless otherwise provided by law, civil action arising from an offense is prescribed by
thirty (30) years even if it is joined to a repressive action.
Article 76 - A party who has instituted civil proceedings for specific facts may, by
following, with regard to the same facts, either to join an action of the Public Prosecutor's Office, or to
public action in motion on condition of withdrawing, in the civil process.
Article 77 - Subject to international conventions, the provisions of Article 76 are
inapplicable when the civil lawsuit has been initiated in a foreign court.

Page 16

Title II
THE JUDICIAL POLICE AND AUTHORITIES IN CHARGE OF INVESTIGATIONS
FEDERAL POLICE
Chapter i
OF THE JUDICIAL POLICE
Article 78 - (1) The judicial police are exercised, under the direction of the Public Prosecutor
Republic, by judicial police officers, judicial police officers and all others
officials or persons to whom special laws confer police powers
judicial.
(2) The persons listed in paragraph 1 are, in this capacity, assistants to the Prosecutor
of the Republic.
(3) The judicial police are placed, within the jurisdiction of each Court of Appeal, under the control of the
Attorney General who assesses, at the end of each year, the judicial police activity of
officials referred to in paragraph 1 of this article.
Section I
OF THE QUALITY OF JUDICIAL POLICE OFFICER
Article 79 - Have the quality of judicial police officer:
a) officers and non-commissioned officers of the gendarmerie;
b) the gendarmes in charge, even by interim, of a brigade or a post of
gendarmerie;
c) police commissioners;
d) police officers;
e) gendarmes and police inspectors who have passed an officer's examination
judicial police and having taken an oath;
f) officials who even exercise the functions of head of a service on an interim basis
outside the National Security.
Article 80 - Civil servants and agents of administrations and public services to whom
special texts attribute certain powers of the judicial police, exercise them in the
conditions and limits set by these texts.
Article 81 - (1) Gendarmes who are not officers of the judicial police, police inspectors and
the peacekeepers have the status of judicial police officers.

Page 17

They assist judicial police officers in the exercise of their functions, and render
account to their superiors of any infringement of which they are aware.
(2) Judicial police officers do not have the power to decide on custody measures.
Section II
ATTRIBUTIONS AND DUTIES OF THE JUDICIAL POLICE
Article 82 - The judicial police are responsible for:
a) to note the infringements, to gather the evidence, to search for the perpetrators
and accomplices and, if necessary, to refer them to the prosecution;
b) to execute the letters rogatory of the judicial authorities;
c) to notify legal acts;
d) to execute court orders and decisions.
Article 83 - (1) In addition to the powers defined in article 82, judicial police officers
receive complaints and denunciations. They carry out preliminary inquiries in the
conditions provided for in Articles 116 to 120.
(2) In the event of flagrant felony and misdemeanors, they exercise the powers conferred on them by the
Articles 104 to 115.
(3) They have the right to directly request the assistance of the police for the execution
of their mission.
(4) they receive from the Public Prosecutor the task of carrying out any investigation or
further investigation that it deems useful.
(5) The Public Prosecutor may discharge any police officer from an investigation
judicial. In this case, he communicates the reasons for his decision to the hierarchical superior.
direct from the relieved officer.
Article 84 - The judicial police officer first seized of an offense is, subject to
of the powers conferred on the Public Prosecutor by Article 83 (5), who is the sole competent
carry out the investigation.
However, he must automatically relinquish jurisdiction in favor of the agents referred to in Article 80 above by
because of their competence.
Article 85 - The non-military judicial police officer may investigate an offense
provided for in the Code of Military Justice as long as no military judicial police officer
is not available.
In this case, he transmits the file to the Minister in charge of Military Justice.

Page 18

Article 86 - (1) Judicial police officers are empowered to control and verify
the identity and situation of any suspicious person, in accordance with the provisions of article
32 and to use, if necessary against him, a special custody measure not exceeding
not 24 hours.
(2) At the end of the period provided for in paragraph 1, the person in police custody is, unless this
measure is not justified by another legal cause, immediately released under penalty
prosecution of the judicial police officer, in accordance with article 291 of the
Penal Code.
Article 87 - (1) Judicial police officers may also, in any public place or
open to the public, carry out or cause to be carried out the search of any person suspected of
carry a weapon or any other object likely to be used in the commission of an offense.
(2) Strip searches should only be carried out by a person of the same sex as the suspect.
It can be done in public or in private.
(3) The right of search provided for in paragraph 2 may extend to vehicles, passengers and
luggage.
(4) In all cases, the person to be searched must first be informed of the reasons for the
search.
(5) The search must in no case be made with the intention of subjecting the person to
searching or a third party for any form of humiliation or vice.
Article 88 - (1) Judicial police officers shall exercise their functions within the limits
territorial defined by the regulations in force.
However, in the event of an investigation carried out by a judicial police officer of the
central or provincial services, the latter is required to refer the matter to the Public Prosecutor
of the place of his investigations, from whom he possibly receives all the necessary directives.
(2)
a) The judicial police officer may, on rogatory commission from the Examining Magistrate or the
trial jurisdiction, instrument throughout the national territory. He must, in this
case, be assisted by a judicial police officer exercising his functions in the constituency
territory where it is transported.
b) The Public Prosecutor of the jurisdiction where the judicial police officer travels in
is informed by the Public Prosecutor of the jurisdiction from which the commission emanates.
Article 89 - (1) The judicial police officer is required to inform the Public Prosecutor without delay of
the Republic of the offenses of which it is aware.
(2) As soon as the investigation is closed, he must send him the original and a copy of the
minutes he has drawn up, as well as all other related documents.

Page 19

(3) The seized objects are inventoried and deposited under seal at the public prosecutor's office.
Republic; copy of the report of seizure is given to the holder of these objects.
Article 90 - (1) The minutes must state:
(a) the date and time of the start and end of each survey operation;
b) the surname, first names, and capacity of the investigator;
c) where applicable, the authorization provided for in Article 88 (2).
(2) Each sheet of the original of the minutes or of the declaration book shall bear the
signature of the investigator.
(3) When all or part of a report is devoted to a hearing or to a
confrontation, the people heard or confronted must, after reading and if necessary,
interpretation, be invited to initial each sheet of the notebook or the minutes of the hearing
or confrontation, and approve by their initials the erasures, redactions and references.
The interpreter is also called upon to initial the pages, erasures, overwrites or references. Any
erasure, overload or unapproved return is void.
(4) The last page of the report or statement book is signed by the investigator,
the declarants and, if applicable, the interpreter.
(5) Any person invited to sign a report or book and who cannot do so, affixes thereto
the print of his right thumb or, failing that, of any other finger indicated by the investigator, which
authenticates the fingerprint.
(6) In the event of refusal, either to sign or to affix an imprint, the investigator shall mention this in
the verbal procedure.
(7) Any person invited to sign a report or notebook may precede his signature.
of any reservation it considers appropriate. This reservation must be explicit and free from any
ambiguity.
(8) Anyone called upon to make a statement may either dictate it to the investigator or write it down.
in the declaration book or, failing that, on any other sheet of paper.
Article 91 - Unless otherwise provided by law, the reports drawn up by the
judicial police officers have the value of simple information.
Chapter II
POLICE INVESTIGATIONS
Section I
GENERAL PROVISIONS
Article 92 - (1)

Page 20

a) The judicial police officer may, during an investigation, hear any person whose
declarations seem useful to him for the manifestation of the truth.
(b) The person summoned is required to appear and give evidence; if she does not appear,
the judicial police officer informs the Public Prosecutor who can award
against her warrant to bring. This person is brought before this magistrate.
(2) The judicial police officer may:
- carry out searches, home visits and seizures under the conditions
provided for in sections 93 to 100;
- carry out police custody under the conditions provided for in Articles 119 et seq.
- request any expert and possibly any person likely to assist him during
a specific transaction;
- request in writing, with immediate effect, any passage in any vehicle or means of
maritime, rail, land or air transport, public or private. The original of the
requisition must be left with the carrier.
(3) In the event of a misdemeanor or felony punishable by imprisonment for at least 2 years, the officer
judicial police may, with the written authorization of the Public Prosecutor and under the
control of the latter, under the conditions provided for in Article 245 and for the duration of
investigation: intercept, record or transcribe all correspondence sent by way of
telecommunication; take pictures in private places.
(4) A person heard as a witness or civilly liable cannot under any circumstances
case be the subject of police custody.
Article 93 - (1) Searches and seizures are carried out by the police officer
judicial office with a search warrant.
However, he can act without a warrant in the event of a flagrant felony or misdemeanor.
(2) Any search or seizure is carried out in the presence of the master of the premises, the holder of the
property to be seized or their representative as well as two witnesses taken from among those present
or the neighbors.
(3) The master of the premises, the holder of the goods to be seized or their representative have the right to
search the judicial police officer before the latter undertakes the search. He must
be informed of this right and mention is made in the minutes of the accomplishment of this
formality.
(4) In the event of the absence of the master of the premises or the owner of the goods or their representative, and
if there is an emergency, the Public Prosecutor may, in writing, authorize the police officer
judicial to carry out the search or seizure in the presence of the witnesses indicated in paragraph (2) and
another judicial police officer or two judicial police officers.

Page 21

(5) When the judicial police officer cannot communicate with the prosecution, he proceeds to the
search, and possibly, seizure under the conditions determined in paragraph (4). He does
mention of his due diligence in the minutes.
Article 94 - (1) In the absence of a warrant, searches and seizures of exhibits shall not
can only be carried out with the consent of the owner or the owner of the property
to grab.
(2) The consent must be the subject of a declaration signed by the interested party or followed by its
fingerprint, if he cannot sign.
(3) Consent is only valid if the data subject has been previously informed
by the judicial police officer that she could oppose the search.
Article 95 - A judicial police officer carrying out a search on the occasion of a
specified offense can only carry out a seizure relating to another offense if
this is punishable by imprisonment.
Article 96 - (1) The seized objects are presented to the suspect or if he is not present, to his
representative or their holder, in order to recognize them and initial them if necessary. In
case of refusal, it is mentioned in the minutes.
(2) Subject to the provisions of Article 97, the objects seized are, in all cases,
presented to witnesses for the purpose of recognizing them and initialing them, if necessary.
(3)
a) The seized objects are, forthwith, inventoried, described with precision and placed under
sealed.
b) If their on-site inventory presents difficulties, they are subject to closed seals
provisional, until their inventory and their final sealing, in the presence of
persons referred to in article 93 paragraph (2).
c) If the dimensions of the objects seized or the necessities of their conservation so dictate, they are
placed under seal without bag or envelope.
Article 97 - When the judicial police officer carries out a search, he alone has the
right to take cognizance of the content of papers or documents found on the premises of
the operation before entering them. He is bound by professional secrecy.
Article 98 - (1) The report of search and seizure shall be drawn up in accordance with the
provisions of article 90 is signed by the owner, the owner of the property or their
representative, witnesses and possibly other people who participated in these
operations.
(2) The report indicates the surname, first names, qualities, filiations, dates and birth link
as well as the domicile of the signatories.

Page 22

Article 99 - (1) Any search of a private place is prohibited between six (6) p.m.
and six (6) a.m.
(2) A search started before six (6) p.m. may continue beyond
authorization from the Public Prosecutor.
(3) In case of material impossibility to reach the Public Prosecutor, the officer of
judicial police may exceptionally continue the search beyond 6 p.m. at
it is his responsibility to inform him without delay.
Article 100 - Failure to comply with the formalities prescribed in Articles 93 to 99 is penalized
by the nullity of the search and seizure.
However, objects seized during a search declared void may be admitted
as exhibits if they are not the subject of any dispute.
Article 101 - (1) The judicial police officer may, during an investigation, charge any
another judicial police officer placed under his authority, from part of the investigations to
carry out.
(2) The reports drawn up by the delegated judicial police officer (s) must
expressly contain mention of this delegation.
Article 102 - (1) The proceedings during the judicial police investigation are secret. However, the
secrecy of the investigation is not opposable to the Public Prosecutor's Office.
(2) Any person participating in this procedure is bound by professional secrecy under penalty of
sanctions provided for in article 310 of the Penal Code.
(3) Notwithstanding the provisions of paragraph 1, judicial police officers may, after
visa of the Public Prosecutor, publish press releases and documents relating to
certain cases that come before them.
(4) The press releases and documents thus published by the judicial police must be disseminated
without comments by the press organs, under penalty of the sanctions provided for in articles
169 and 170 of the Penal Code.
Section II
ON THE FLAGRANCE OF CRIMES AND OFFENSES
Article 103 - (1) A flagrant crime or misdemeanor is defined as the crime or misdemeanor that is committed
currently or who has just committed.
(2) There is also a flagrant felony or misdemeanor when:
a) after the commission of the offense, the person is pursued by clamor
public;

Page 23

b) very close to the commission of the offense, the suspect is found in
possession of an object or has a trace or clue suggesting that it participated in
the commission of the crime or misdemeanor;
c) There is also flagrance when a person requests the Public Prosecutor
Republic or judicial police officer to ascertain a felony or misdemeanor
clerk in a house which it occupies or which it supervises.
Article 104 - (1)
a) In the event of a flagrant crime, the informed judicial police officer immediately informs the
District Attorney.
b) Any telephone or verbal report must be confirmed within 48 hours
by any means leaving a written record.
c) Mention of these procedures is made in the minutes.
(2) The judicial police officer shall immediately go to the scene of the crime and proceed to
all necessary diligence, in particular:
a) defend, under penalty of penalties provided for by the Penal Code for witnesses
failing, to any person likely to provide useful information, to move away without
its authorization. This ban may not be extended beyond twelve hours, under
penalty of criminal prosecution for forcible confinement;
b) use, if necessary, police custody against any suspicious person;
c) ensure the conservation of clues and all that can be used for the manifestation of
the truth ;
d) seize all objects or documents which were used or were to be used for the commission of the
crime or which appear to be the proceeds of that crime;
e) in case of emergency, instrument outside its territorial jurisdiction in accordance with the

provisions of Article 88 (2);
f) carry out searches of the homes of suspected persons, or detain
documents or objects relating to the incriminated facts, or to have participated in the commission
of crime.
Article 105 - The objects which are not useful for the manifestation of the truth are, after
written agreement of the Public Prosecutor, returned by the judicial police officer, against
discharge and upon report, to their owner or to any other person with whom they have been
seized.
Article 106 - 1) Searches of a law firm shall only take place to seize the
documents or objects in connection with legal proceedings or when he himself is brought into
cause or that the documents or objects concerned are foreign to the exercise of his profession.

Page 24

(2) The search is carried out by the competent magistrate in the presence of the lawyer, the
chairman or his representative.
It is carried out under conditions which preserve professional secrecy and the dignity of
the lawyer.
(3) The formalities provided for in this article are prescribed under penalty of nullity.
Article 107 - Searches in a doctor's office, a notary's office, a bailiff
court or at the office of any other person bound by professional secrecy, are made in
presence of the competent magistrate and, where appropriate, of the person concerned and the representative of his
professional organization, if there is one.
Article 108 - Subject to the necessities of the investigation, whoever without the authorization of the
suspect or his counsel, the signatory or the addressee of a document seized during a
search, reveals its content to a person without the capacity to take cognizance of it,
is punished by the penalties provided for by the Penal Code for violation of professional secrecy.
Article 109 - (1) If it appears necessary in the course of a police investigation, to establish or
verify the identity of a person, this one must, at the request of the judicial police officer
or one of the officials referred to in Article 78 (1), assist in the operations required by this
measured.
(2) The refusal to submit to the operations provided for in this article constitutes a
fourth class contravention.
Article 110 - (1) Notwithstanding the provisions of Article 88 (1) above, the police officer
judicial authorities may, in the event of flagrance and when the necessities of the investigation so require,
transport, either outside its territorial jurisdiction, or outside the territorial jurisdiction of the prosecution where it
exercises its functions, in order to continue its investigations. In this case, he must, under penalty
nullity of acts performed and disciplinary sanctions, obtain the authorization of the
Public prosecutor under his jurisdiction.
(2) This magistrate shall, if applicable, notify the Public Prosecutor within the jurisdiction of the court
in which the judicial police officer travels.
(3) The judicial police officer must, on his arrival and before continuing the investigation,
present to the competent public prosecutor and in any case, to the police officer
competent court before proceeding with the investigation.
Article 111 - In the event of a flagrant crime, the Public Prosecutor is competent to
expedite the investigation.
The arrival of the Public Prosecutor at the scene of the offense is automatically waived
the judicial police officer who was there, unless this magistrate decides otherwise.
Article 112 - The Public Prosecutor may issue an arrest warrant against any
person suspected of having participated in the commission of the crime. He questions her on the spot
upon arrival.

Page 25

He can only prosecute the suspect of a flagrant crime by means of
judicial information.
Article 113 - The provisions of articles 104 to 112 are applicable in the event of flagrant offense.
Article 114 - (1) The suspect arrested and flagrante delicto is referred by the judicial police officer
before the Public Prosecutor who identifies him, questions him
summarily and, if he pledges prosecution, places him in pre-trial detention, or leaves him in
freedom with 0 without bail.
(2) In all cases, the Public Prosecutor shall draw up a report of his diligence and
in the event of prosecution, bring the suspect to court at the earliest hearing.
(3) The provisions of this article shall not preclude the Procurator of the
Republic initiates proceedings by direct summons or requires the opening of a
judicial information.
Article 115 - In the event of suspicious death, the informed judicial police officer reports
immediately to the Public Prosecutor.
The provisions of Articles 104 et seq. Are applicable.
Section III
OF THE PRELIMINARY INQUIRY
Article 116 - (1) Judicial police officers and judicial police officers shall proceed
preliminary inquiries either on their own initiative or on the instructions of the Public Prosecutor
Republic.
(2) The originals of the minutes of their investigations must be sent to this
magistrate as soon as possible.
(3) The judicial police officer is required, from the opening of the preliminary investigation and, barely
of nullity, to inform the suspect:
- his right to be assisted by counsel;
- of his right to remain silent.
(4) This information must be mentioned in the minutes.
Article 117 - (1) Judicial police officers enjoy, during the investigation
preliminary, of the prerogatives enacted in Articles 83 to 93, 95, 97, 99, 101, 102, 104, 109,
110, 114, 115 and 116.
(2) At the conclusion of the investigation, the suspect who has no known residence or who does not present
none of the guarantees provided for in Article 246 (g) is arrested and brought before the Public Prosecutor
Republic if there are serious and consistent clues against him.

Page 26

The suspect who has a known residence or who presents one of the guarantees provided for in Article
246 (g) is released.
Section IV
FROM CUSTODY TO SIGHT
Article 118 - (1) Police custody is a police measure under which a person
is, in the case of a preliminary investigation, with a view to establishing the truth,
in a judicial police room, for a limited period, under the responsibility of an officer
of judicial police at the disposal of which it must remain.
(2) Anyone with a known residence may not, except in the case of a felony or flagrant misdemeanor
and if there are serious and consistent evidence against her, be subject to a custody measure
view.
(3) Apart from the cases provided for in paragraphs (1) and (2) above, any custody measure must
be expressly authorized by the Public Prosecutor.
(4) Mention of this authorization must be made in the minutes.
Article 119 - (1)
a) When a judicial police officer considers a custody measure against the
suspect, he expressly warns him of the suspicion hanging over him and invites him to give
any explanations he deems useful.
b) Mention of these formalities is made in the minutes.
(2)
a) The period of custody may not exceed forty eight (48) hours, renewable once.
b) With the written authorization of the Public Prosecutor, this period may, exceptionally;
be renewed twice.
c) Each extension must be justified.
(3) In any event, the hearing of a witness cannot alone justify an extension of
jail.
(4) Except in the case of a felony or flagrant misdemeanor, the custody measure may not be ordered during
Saturday, Sunday or public holiday. However, if it started on a Friday or the day before a
public holiday, it may be extended under the conditions specified in paragraph (2).
Article 120 - (1) Notwithstanding the provisions of Article 119 paragraph (2), the period of custody
view is extended, if necessary, depending on the distance between the place of arrest and the
local police or gendarmerie where it must be carried out.
(2) The extension is twenty-four (24) hours per fifty (50) kilometers.

Page 27

(3) Mention of each extension is made in the arrest report.
Article 121 - The period of police custody starts from the time at which the suspect is
present or be taken to the premises of the police station or the police
gendarmerie. This time is mentioned in the handbook register and in the minutes
hearing.
Article 122 - (1)
a) The suspect must be immediately informed of the alleged facts and must be
treated materially and morally with humanity.
b) During his hearing, a reasonable time is allowed to rest
effectively.
c) Mention of this rest must be entered in the minutes.
(2) The suspect shall not be subjected to physical or mental coercion, torture,
violence, threats or any other means of pressure, deception, maneuvers
insidious, spurious suggestions, prolonged interrogations, hypnosis,
administration of drugs or any other process likely to compromise or reduce its
freedom of action or decision, to alter his memory or his discernment.
(3) The person held in police custody may, at any time, be visited by
his lawyer and that of a member of his family, or any other person who can follow his
treatment during police custody.
(4) The State provides food for people in police custody. However, these people are
authorized to receive the necessary means from their family or friends on a daily basis
to their food and their maintenance.
(5) Any breach, violation or obstacle to the application of the provisions of this article
exposes its author to legal proceedings without prejudice, where applicable, to sanctions
disciplinary.
Article 123 - (1) A person in police custody may, at any time, be examined by a
doctor required by the Public Prosecutor. The physician thus required may be
assisted by another chosen by the person in custody, and at the expense of the latter.
(2) The Public Prosecutor may also request this medical examination upon request.
of the person concerned, his lawyer or a member of his family. This examination is carried out
medical within twenty-four (24) hours of the request.
(3) At the end of police custody, a medical examination of the suspect must be carried out at
his expenses and by a doctor of his choice if the person concerned, his counsel or a member of his family
requests it. In all cases, he is informed of this option.
(4) The required practitioner's report shall be placed in the procedural record and a copy shall be submitted to the
suspect. It can be countersigned by the chosen doctor who, if necessary, formulates
observations.

Page 28

Article 124 - (1) The judicial police officer shall mention in the report the reasons for the
custody and rests that separated the interrogations, the day and time from which he
was either released or brought before the Public Prosecutor.
(2) The particulars provided for in article (1) must be endorsed by the suspect in the forms
prescribed in Article 90 (3), (4), (5) and (7). In case of refusal, the judicial police officer makes
mention in the minutes.
(3) The same information must appear in a special register kept in any police station
judiciary likely to receive suspects; this register is subject to the control of the Prosecutor
of the Republic.
(4) Failure to comply with the rules laid down in this article will invalidate the minutes.
and subsequent acts without prejudice to disciplinary sanctions against the police officer
judicial.
Article 125 - (1) When the judicial police officer is far from the seat of the
Court, requests for extension of custody are made by telephone,
radio message, message carrier, fax, electronic mail and any other means of
fast communication.
(2) The decision of the Public Prosecutor is given by the same means and, if
appropriate, confirmed in writing. It is immediately notified to the suspect by the police officer
judicial.
(3) If the judicial police officer cannot quickly communicate with the
Public prosecutor, he must release the suspect with or without bail.
However, in the event of a flagrant felony or misdemeanor, or if the suspect has no known residence or
cannot provide one of the guarantees provided for in Article 246 (g), the judicial police officer may,
notwithstanding the provisions of Articles 119 and 120, extend police custody for a period of
maximum of eight (8) days.
(4) Mention of this extension is made in the minutes.
Article 126 - When the extension of police custody is refused, the provisions of
Article 117 paragraph 2 are applicable.
Title I
OF THE PUBLIC MINISTRY
Chapter i
COMMON PROVISIONS
Article 127 - (1) The Public Ministry is indivisible.
Any procedural act performed by a magistrate of a public prosecutor's office is deemed to be in the name of the
Entire parquet.

Page 29

(2) The Public Prosecutor is, according to the distinctions established in this article, made up of
all the magistrates of the General Prosecutor's Office of the Supreme Court, the General Prosecutor's Office of the
Court of Appeal, the Public Prosecutor's Office of the Tribunal de Grande Instance and the Public Prosecutor's Office of the Tribunal de
First case.
(3) The Prosecutor General at the Supreme Court includes the Prosecutor General at said Court
and all the magistrates of the said prosecution. Its territorial jurisdiction is that of the Supreme Court.
(4) The Prosecutor General at a Court of Appeal includes the Prosecutor General at said
Court of Appeal and all the magistrates of the said prosecution. Its jurisdiction is that of the Court
Appeal.
(5) The Public Prosecutor's Office at the Tribunal de Grande Instance includes the Public Prosecutor
near the said court and all the magistrates of the said prosecution. Its jurisdiction is that of the Tribunal
of Grande Instance.
(6) The Public Prosecutor's Office at the Court of First Instance includes the Public Prosecutor
near the said tribunal and all the magistrates of the said prosecution. Its jurisdiction is that of the Tribunal
of First Instance.
(7) The magistrates of the General Prosecutor's Office of the Supreme Court, of the General Prosecutor's Office of a Court
of Appeal, the Public Prosecutor's Office of a Court of First Instance and the Public Prosecutor's Office of a Court of First Instance
Authority exercise, under the control, the direction and the responsibility of the Head of each Public Prosecutor's Office,
the powers conferred by law on the Attorney General at the Supreme Court, on the Public Prosecutor
General to a Court of Appeal and to the Public Prosecutor.
Article 128 - (1) The Public Prosecutor's Office is the main party to the trial before any court
repressive. On pain of nullity of the decision, he must be present at all hearings.
(2) Subject to the powers of the President in matters of court policing, the Ministry
The public can intervene at any time during the debates.
(3) The Public Prosecutor's Office is required, before the end of the proceedings, to take orally or in writing
in each case, requisitions without being able to be refused or withdrawn from speaking.
Article 129 - The Public Prosecutor must be heard even when it is only a question of
consideration of civil interests.
Article 130 - The Public Prosecutor's Office may raise the irregularity of a procedural act and seize
the competent court for the purpose of canceling it.
Article 131 - In the event of dismissal or acquittal, the Public Prosecutor cannot be
ordered to pay the costs of the trial or to pay damages to the party
continued.
Chapter II
DUTIES OF THE PUBLIC MINISTRY
Section I

Page 30

OF THE ATTRIBUTIONS OF THE ATTORNEY GENERAL AT THE SUPREME COURT
Article 132 - (1) The Attorney General at the Supreme Court is a party to appeals
formed by the parties. He can ex officio raise pleas tending to the annulment of the
contested decision.
(2) He is the main party when the Supreme Court is seized of his appeal.
Section II
OF THE ATTRIBUTIONS OF THE ATTORNEY GENERAL AT THE COURT OF APPEAL
Article 133 - (1) The Attorney General at the Court of Appeal ensures the application of the law
criminal law throughout the jurisdiction of the Court of Appeal.
(2) He has authority over all the magistrates of the Public Ministry under his jurisdiction.
(3) He has, in the exercise of his functions, the right to directly request the maintenance forces
of the order.
Article 134 - (1) The Attorney General at the Court of Appeal may prescribe to the magistrates
of the Public Prosecutor's Office within its jurisdiction to investigate offenses of which it is aware,
to proceed with a classification without continuation or to initiate proceedings.
(2) The Attorney General at the Court of Appeal:
a) ensure the control of judicial police officers and agents on duty in the
jurisdiction of the Court of Appeal;
b) sends the Minister responsible for Justice a semi-annual report on their
activities and their conduct;
c) may instruct the officers and agents of the judicial police to collect all
information useful for the proper administration of justice;
d) appreciates the work and notes each judicial police officer on duty in his
spring;
e) transmits its assessments and notes to the head of the administration of origin of
the judicial police officer concerned.
Section III
DUTIES OF THE ATTORNEY OF THE REPUBLIC
Article 135 - (1)
(a) The Public Prosecutor is referred to either by:
- written or oral denunciation;

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- a complaint ;
- a report drawn up by a competent authority.
(b) It may also seize it ex officio.
(2) Anyone with knowledge of an offense qualified as a felony or misdemeanor is required to
notify directly and immediately, either the Public Prosecutor or any officer of the
judicial police, or failing that, any local administrative authority.
(3) The administrative authority thus informed is required to bring this denunciation to the
knowledge of the Public Prosecutor or of the judicial police officer most
close.
(4)
a) When a written or verbal declaration emanates from the party injured by the infringement, it is
qualified complaint; it is qualified as denunciation when it emanates from a third party.
b) Denunciations and complaints are not subject to any form and are exempt from the
stamp duty. The authorities referred to in paragraph (2) may not refuse to receive them.
(5) Any civil servant within the meaning of article 131 of the Penal Code who, in the exercise of his
functions, has knowledge of a crime or misdemeanor, is required to notify the Public Prosecutor
Republic by transmitting to it, if necessary, any minutes or any related act.
Article 136 - Failure to comply with the provisions of paragraphs 2, 3, 4 and 5 of article 135 is
liable to the penalties of article 171 of the Penal Code.
Article 137 - (1) The Public Prosecutor directs and controls the diligence of the officers
and judicial police officers.
(2) He may, at any time, go to the police or gendarmerie premises to
carry out the control of police custody provided for in article 124 (3). During this check, the
persons whose statutory release or habeas corpus order is ordered,
must be immediately released, on pain of prosecution for detention
unlawful against the judicial police officer in charge of the room where police custody takes place.
(3) The Public Prosecutor may, at any time, act in place of any officer
judicial police.
Article 138 - (1) The Public Prosecutor has, in the exercise of his functions, the right
to directly request the police.
(2)
a) He may, for the performance of his duties, also require the assistance of any
person likely to help bring the truth to light.

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b) The requested person receives compensation under the conditions set by the texts in
force.
Article 139 - The Public Prosecutor is the recipient of the original of any trial.
verbal relating to offenses committed within its jurisdiction and falling within the jurisdiction of the courts of law
common.
Article 140 - (1) The Public Prosecutor has jurisdiction:
(a) the place where the offense was committed;
(b) from the place of residence of the suspect;
(c) the place of arrest of the suspect.
(2) In the event of a competitive referral, priority is given to the local public prosecutor.
commission of the offense.
Article 141 - The Public Prosecutor seized, under the conditions provided for in articles
135, 139 and 140, can:
a) forward the information or complaint for investigation to a police officer
judicial;
b) return the investigation reports to the judicial police for additional information
investigation;
c) decide to dismiss a case without further action and have it notified to the complainant; copy
of any dismissal decision is sent to the Prosecutor within one month
General at the Court of Appeal;
d) decide to deposit in the archives of the reports concerning the contraventions
having been the subject of fixed fines paid;
e) decide on the prosecution of the suspect.
Title II
JUDICIAL INFORMATION
Chapter i
GENERAL PROVISIONS
Article 142 - (1) Judicial information is compulsory in matters of crime, except
contrary provisions of the law.
(2) It is optional in matters of misdemeanor and contravention.
(3) It is led by the Examining Magistrate, sitting magistrate.

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Article 143 - (1) Subject to the provisions of Article 157, the Examining Magistrate may not
open a judicial investigation only if it is seized by an act of the Public Prosecutor.
(2) The act by which the Public Prosecutor seizes the Examining Magistrate is called
indictment initiating proceedings.
Article 144 - (1) The introductory indictment is written. He is caught against a
named person or not.
(2) It contains the criminal qualification of the alleged facts and the mention that the public action
is not extinguished by one of the events referred to in Article 62.
(3) It is dated and signed by the Public Prosecutor.
Article 145 - (1) The introductory indictment is sent to the Examining Magistrate by
through the President of the Tribunal.
(2) The Public Prosecutor may, at any stage of the judicial investigation, by an act
called supplementary indictment, request the Examining Magistrate to do all acts that appear to him
necessary for the manifestation of the truth, and, especially, to proceed to new
indictments.
To this end, the Public Prosecutor shall be provided with the file of the procedure.
information, on condition of returning it to the Examining Magistrate accompanied by his supplementary indictment,
within forty-eight (48) hours.
(3) Whenever the Examining Magistrate communicates the judicial information file to the
Public Prosecutor, he takes an act called an order to be communicated. This act
is placed in this file.
(4) If the Investigating Judge does not consider it necessary to carry out the acts required by the Public Prosecutor
Republic, it issues a reasoned order called a further refusal order.
informed, and notification is made to the Public Prosecutor within twenty-four (24)
hours.
Article 146 - (1) When there are several investigating judges in a Tribunal, the President
of the Tribunal designates for each case submitted for judicial investigation, the judge who will be
charge.
(2) The Public Prosecutor may, by reasoned request, and in the interest of good
administration of Justice ask the President of the Tribunal to relinquish jurisdiction of the Judge
of Instruction appointed for the benefit of another.
(3) The accused or the civil party may also request it by reasoned request addressed to the
President of the Tribunal.
(4) The President shall rule within five (5) days by reasoned ordinance not liable to
recourse.

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(5) In urgent cases and for specific isolated acts, any Examining Magistrate may, with
authorization from the President, deputize for another Examining Magistrate of the same Tribunal for the
accomplish.
Article 147 - Upon receipt of the introductory indictment, the Examining Magistrate is
required to make an order to inform.
Article 148 - Notwithstanding the provisions of article 147, the obligation to inform ceases
when the Investigating Judge seized of the matter finds that, for causes affecting public action, the
facts cannot give rise to prosecution or that the facts which are the subject of prosecution do not constitute
not a criminal offense or that the suspect is granted immunity.
Article 149 - The Examining Magistrate issues an order refusing to inform when he is
is in the presence of one of the circumstances referred to in Article 148 or when the public action
appears extinct for one of the causes provided for in section 62.
Article 150 - (1) When the Examining Magistrate decides to inform, he proceeds to all acts
information that he considers useful for the manifestation of the truth.
(2) He has the power to indict any identified person who took part in the commission of
the offense as perpetrator, co-perpetrator or accomplice.
Article 151 - (1) The Examining Magistrate may proceed or cause to be proceeded, either by an officer
of judicial police, or by any person authorized, to an investigation into the personality, the
material, family or social situation of the accused.
(2) The Investigating Judge's investigations must seek to find all the elements
favorable or unfavorable to the accused.
(3) If he is unable to carry out all the information himself, he
may give letters rogatory to judicial police officers in order to have them executed
all necessary information acts under the conditions and subject to the reservations provided for in
articles 191 and following.
Article 152 - The Examining Magistrate may not give a rogatory commission to an officer of
judicial police to proceed in its place and place with the charges, interrogations and
issuance of judicial warrants.
Article 153 - (1) The Examining Magistrate is assisted by a clerk.
(2) The investigating clerk is responsible for typing information documents. He notifies
or have all the procedural documents subject to this formality served on the persons concerned.
(3)
a) Notifications take place in person.
b) Failing this, the clerk shall proceed by registered letter with acknowledgment of receipt.
Article 154 - (1) Judicial information is secret.

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(2) Anyone providing this information is bound by professional secrecy under
penalty of the sanctions provided for in article 310 of the Penal Code. However, the secrecy of information
judicial process is not opposable either to the Public Prosecutor's Office or to the defense.
(3) By way of derogation from the provisions of paragraph 1, the Examining Magistrate may, if he considers it useful
to the manifestation of the truth, publicly carry out certain of its diligences or make
give by the Public Prosecutor press releases on certain facts brought to his
knowledge.
(4) The press releases of the Examining Magistrate referred to in paragraph 3 must be disseminated without
comments by the written, spoken or televised news organizations, on pain of
sanctions for biased comments provided for in article 169 of the Penal Code.
Article 155 - (1) Dissemination by any means whatsoever of news, photographs,
opinions relating to a judicial investigation is prohibited until the intervention of a
order of dismissal or, in case of remand, the appearance of the accused before the
trial courts, under penalty of the penalties provided for in article 169 of the Penal Code.
(2) The same is true of any public expression of an opinion on the guilt of the accused.
Article 156 - (1) Any dissemination affecting either the honor or the life of a
person protected under the conditions provided for in article 152 of the Penal Code, is liable to
penalties provided for in article 169 of the said Code.
(2) Persons convicted under this article are liable to disqualifications
of article 30 of the Penal Code.
Chapter II
OF THE COMPLAINT WITH THE CONSTITUTION OF A CIVIL PARTY
Article 157 - (1) Anyone who claims to have been injured by a crime or an offense may, by
filing a complaint, become a civil party before the competent Examining Magistrate.
(2) The complaint with the constitution of civil party sets in motion the public action.
(3) The rule enacted in paragraph (1) is not applicable to contraventions or to offenses of which
the prosecution is reserved for the public prosecutor alone.
Article 158 - (1) The person who sets the public action in motion in accordance with
Article 157 (1) is required, on pain of inadmissibility, to record at the registry of the Court of
First Competent Authority the sum presumed sufficient for the payment of the costs of
procedure.
This sum is fixed by order of the Examining Magistrate.
(2) An additional deposit may be set during the information.
Article 159 - (1) When the complainant is not domiciled in the jurisdiction of the Tribunal where
conducts the judicial information, he must elect domicile there by deed of the registry of this Court.

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(2) In the absence of the choice of domicile, he may not oppose the failure to notify acts which
should have been notified to him by law.
Article 160 - (1) As soon as the civil party has paid the deposit referred to in article 158, the Judge
Instruction communicates the complaint to the Public Prosecutor for his indictment.
(2) The indictment of the Public Prosecutor may seek:
a) the inadmissibility of the constitution of civil party;
b) that he is informed against a named or unnamed person.
(3) The Public Prosecutor may also request, if the complaint is not
sufficiently motivated or that the documents produced do not sufficiently support it that the individual
referred to be heard as a witness by the Examining Magistrate.
Article 161 - In the event that the investigating judge seized is not territorially competent,
he issues, after the prosecution's indictment, an order of incompetence and returns the
civil party to better provide.
Article 162 - When a complaint with the constitution of civil party leads to an order
of dismissal, the defendant can seize the civil jurisdiction to ask for damages
for constitution of abusive civil party.
Article 163 - (1) The Public Prosecutor is not bound, in his indictment, by the
qualification given to the facts by the author of the complaint with the constitution of civil party.
(2) The Examining Magistrate is not bound by the qualification given to the facts in the complaint or
by the indictment of the Public Prosecutor.
Chapter III
PROCEDURE OF JUDICIAL INFORMATION
Article 164 - (1) The order to inform may be taken against a person
named or not named. She mentions:
a) the surname, first names and capacity of its author;
b) the criminal qualification of the alleged acts;
c) the surname, first names and capacity of the accused person, when this is known
or the mention "X" when the accused person is unknown;
d) the precise enunciation of the infringed penal provisions;
e) the place and date of the commission of the facts.
(2) The order must be signed by the Examining Magistrate and stamped with his seal.

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Article 165 - (1) The judicial information procedure is written. The acts are
Typed by the clerk under the effective control of the Examining Magistrate.
(2) Judicial information gives rise to the opening of a file.
(3)
a) The information file is the subject of a detailed inventory kept up to date.
b) All the documents in the file are listed and inventoried by the investigating clerk as they are
as they are written or received.
(4) All the documents in the file, including the inventory, are drawn up at least in duplicate
copy, in order to allow, in the event of an appeal, the transmission of a duplicate to the Court
Appeal.
(5)
a) The Public Prosecutor's Office may obtain a certified copy from the investigating clerk
conform of all the acts of the procedure.
b) The other parties may also, at their request and against payment of costs,
issue a copy of any document of the procedure.
(6) Copies may be made using any reproduction process.
Article 166 - (1) All declarations give rise to the drafting of an established report
in accordance with the provisions of Articles 164 and 165.
(2) The provisions of Articles 182 to 190 are applicable.
Section I
THE RIGHTS OF THE INCULPE
Article 167 - (1)
a) During the first appearance before the Examining Magistrate, the suspect is, after
verification of his identity, informed of the facts alleged against him and of the provisions of the
applicable criminal law.
b) This information constitutes the charge.
(2) The indictment is an act within the exclusive competence of the Examining Magistrate; she can't
give rise to a rogatory commission if not to another Examining Magistrate.
Article 168 - The qualification given to the facts during the police investigation does not bind the Judge
of Instruction.

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Article 169 - (1) When the Examining Magistrate discovers new constitutive facts
of another offense, he sends the file to the Public Prosecutor with a view to
supplementary indictment, before proceeding to the additional indictment.
(2) He may also modify the charge when the information allows to give the facts
a new qualification.
(3) He may further indict any person who participated in the commission of the offense.
Article 170 - (1) At the first appearance, the Examining Magistrate informs the accused
that he is before an Examining Magistrate and can no longer be heard by the police or the
gendarmerie on the same facts, except on rogatory commission, and that if at the end of
information the charges are gathered against him, he will be referred for trial before the
Jurisdiction.
(2) The Examining Magistrate further warns the accused that:
a) he is free not to make any declaration immediately;
b) he may, at his option, defend himself or be assisted by one or more
advice;
c) in the event that he has more than one lawyer, he must make known the name and address of the lawyer
to whom all invitations and notifications must be sent;
d) in the event that he cannot immediately choose a lawyer, he may appoint one at all
time until the closing of the information.
(3) The Examining Magistrate finally warns the accused that he must:
a) elect domicile at the seat of the tribunal for the notification of procedural documents;
b) inform the Examining Magistrate of any change of address.
(4) If the accused immediately chooses one or more lawyers, the Examining Magistrate
mentions the names, surnames and addresses of these lawyers as well as the address of that of them
to whom will be notified the procedural documents and summons.
(5) If the accused, despite having chosen a lawyer, shows a desire to make
statements immediately, and in the absence of this lawyer, the Investigating Judge is limited to
record them, without asking him questions about his criminal responsibility.
(6) The Examining Magistrate shall notify the accused of any measure of restriction or deprivation of
freedom taken against him.
Article 171 - (1) If the defendant's lawyer attends the first appearance, the Judge
Instruction is not required to communicate the file to him in advance.
However, before any questioning and subsequent confrontation, the Examining Magistrate is required to
convene counsel for the accused in accordance with the provisions of article 172.

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(2) The statements of the accused are recorded in the report. The formalities
enacted by Articles 183 (1), 185 and 186 are applicable to the questioning and
confrontation of the accused.
Article 172 - (1) The lawyer constituted has the right to assist his client whenever the latter
appears before the Examining Magistrate.
(2) He must be notified of the date and time of appearance at least forty-eight (48)
hours before the day of this appearance if the counsel resides at the seat of the court, and sixtytwelve (72) hours if he resides outside the seat of the court, by any means leaving a written record.
(3) The procedural file is kept at the disposal of the lawyer at the examining office, twentyfour (24) hours before each interrogation or confrontation.
(4) If the summoned council does not appear, it is ignored and the whole is mentioned in the
minutes.
(5) The same applies when the accused expressly waives the right to be heard or confronted
only in the presence of his counsel.
This waiver is only valid for the questioning or confrontation concerned.
Article 173 - The provisions of article 172 above also apply to the council of
the civil party.
Article 174 - (1) The formalities prescribed in Articles 166 and 169 are mentioned in
report of first appearance.
(2) The interrogation of the accused carried out in violation of these formalities is null and void.
(3) However, the provisions of Article 170 paragraphs (2) and (5) are not applicable in the event of
of flagrant felony or misdemeanor and in all cases of emergency, in particular when there is a risk of
disappearance of important clues or death of a witness. The Investigating Judge proceeds in
all these cases, from the first appearance, to the charge and to the questioning, even against the
at the discretion of the accused. He can also conduct useful confrontations. The minutes must
state the reasons for the emergency.
Article 175 - (1) The accused is authorized to pose directly to the witnesses, to the other accused
and to the civil party any questions he considers useful. The civil party also has the right to
ask questions of witnesses.
However, during the confrontation, the Examining Magistrate may exempt any other party
or a witness to answer a question that seems irrelevant, offensive or contrary
to public order.
(2) The provisions of paragraph 1 also apply to the counsel of the accused and that of
the civil party.
(3) When the Examining Magistrate exempts a party or a witness from answering a question,
this is reproduced in the minutes and there is mention of the reasons for the exemption.

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Article 176 - (1) The Public Prosecutor may attend interrogations and
confrontations of the accused as well as hearings of the civil party and witnesses. It informs
the Examining Magistrate of his intention.
(2) The provisions of article 175 above are applicable to the Public Prosecutor.
Section II
SITE TRANSPORT, SEARCHES AND SEIZURES
Article 177 - (1) The Examining Magistrate may travel to the full extent of the jurisdiction
territory of its jurisdiction to carry out all information acts useful for the event
of the truth, and in particular to carry out searches and seizures.
(2) He may also be transported outside the territorial jurisdiction of his jurisdiction at the expense of
notify the competent public prosecutor.
Article 178 - (1) Home searches or visits shall be carried out in all
places where objects useful for the manifestation of the truth can be found.
(2) The error as to the place, the merits and the expediency of the search cannot be used as a
basis for an action for damages.
Article 179 - (1) When the search takes place at the home of the accused, the Examining Magistrate
is required to comply with the provisions of Articles 92 to 99.
(2) When it takes place in a home other than that of the accused, the master of the premises is
invited to attend. If he is not present, or if he refuses to attend the search, it will take place
in the presence (two of his parents or allies or two witnesses.
(3)
a) The Examining Magistrate takes note of the letters and papers discovered and decides on the
objects and documents to seize.
b) The provisions of Articles 92, 93 are applicable.
(4) The owners or holders of the seized documents may obtain copies thereof on their
request and at their expense. However, the Examining Magistrate may reject this request by
reasoned order.
(5) Any other person who claims to have a right to the seized objects and documents may
claim restitution from the Examining Magistrate who decides after submissions from the Public Prosecutor
Republic, by ordinance not subject to appeal, notified to the parties.
Section III
WITNESSES

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Article 180 - (1) The Examining Magistrate may summon or summon any witness whose
deposition seems useful to him for the manifestation of the truth.
(2) The testimonies for the prosecution must always, except in cases of force majeure duly recorded at the
report, give rise to a confrontation between the witness and the accused, even if the latter
announces his intention to be silent during this confrontation.
Article 181 - (1) Witnesses are called by bailiff's writ.
(2) They can also be summoned by simple letter or by registered letter with acknowledgment
reception or through administrative channels.
(3) They can also appear voluntarily.
Article 182 - Witnesses are heard separately and as much as possible in the presence of
the accused.
Article 183 - (1)
a) When a witness does not speak one of the official languages ​understood by the Registrar
and the Examining Magistrate, the latter calls on an interpreter.
b) the interpreter must be over twenty-one years of age.
c) the clerk, the witness and the parties cannot act as interpreters.
d) the interpreter takes an oath to faithfully translate the words of those speaking
different languages ​or dialects; mention of this swearing-in is made at trialverbal.
2)
a) Except where the law or custom provides otherwise, the witness, with his head uncovered,
right hand raised and ungloved, take the following oath: "I swear to tell the truth, all the
truth and nothing but the truth ”.
b) this oath may, at the request of the witness, be taken in the forms and rites not contrary to
public order, in use in his religion or custom.
(c) when an oath has been taken, no reason may subsequently be invoked for
question its validity.
Article 184 - (1) The Examining Magistrate asks the witness for his surname, first names, age, situation
family, profession, domicile or residence.
(2) He further asks him, if he is a servant, relative or ally of one of the parties and, in
if so, to what degree.
(3) These questions and answers are mentioned in the minutes.

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Article 185 - (1)
a) At the end of his hearing, the witness is invited by the Examining Magistrate to re-read his testimony.
b) If the witness does not know how to read, it will be read to him by the clerk and, if necessary, a translation
it is made of it.
(2) Each page of the report is initialed by the Examining Magistrate, the clerk, the witness
and, if necessary, the interpreter required and the accused in the event of a confrontation.
(3) The report is signed by the Examining Magistrate, the clerk, the witness if he persists in his
statements and possibly by the interpreter and the accused in the event of a confrontation.
(4)
a) If the witness cannot sign, he affixes his fingerprint.
b) If he refuses to appoint, this is mentioned in the minutes.
Article 186 - (1) The minutes of the hearing of witnesses shall not include any
line spacing.
(2) The deletions, redactions and references are approved by the Examining Magistrate, the clerk, the
witness, and, if necessary, the interpreter required and the accused in the event of a confrontation.
(3) Unapproved deletions, redactions and cross references are void.
Article 187 - Minors under 14 are heard without taking an oath.
Article 188 - (1) Any person summoned to be heard as a witness shall be required to
appear and take an oath before giving evidence.
(2) If the summoned witness does not appear, the Examining Magistrate may award against him a
warrant to bring without prejudice to the provisions of article 173 of the Penal Code.
Article 189 - If the witness is unable to appear, the Examining Magistrate may,
either go to hear it, or issue a letter rogatory for this purpose
in accordance with the provisions of Articles 191 to 196.
Article 190 - Every witness has the right to an indemnity fixed in accordance with the legislation in
force.
Section IV
ROGATORY COMMISSIONS
Article 191 - (1) The Examining Magistrate may issue a rogatory letter to any other Judge
of instruction and subject to the provisions of article 152, to any judicial police officer
for the purpose of carrying out all acts of information.

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(2) The Examining Magistrate or the appointed judicial police officer exercises, within the limits of the
letters rogatory, all the powers of the instructing magistrate.
(3) In an emergency, the letter rogatory may be disseminated by any means allowing
written trace; in this case, they must specify the essential details of the original,
in particular: the indictment, the name and the capacity of the instructing magistrate. Copy of the
letters rogatory must be addressed to the judicial police officer or to the magistrate
committed.
Article 192 - The appointed magistrate may, subject to the provisions of article 152,
subdelegate a judicial police officer to perform all or part of the acts in his place
prescribed by the letters rogatory referred to in article 191.
Article 193 - (1) The letters rogatory must indicate the nature of the offense which is the subject of
lawsuits. It is dated, signed and bearing the seal of the magistrate who issued it.
(2) It can only prescribe acts of information directly related to the offense
object of prosecution.
Article 194 - When the instructing magistrate prescribes simultaneous operations on
various points of the territory, he must address to magistrates or judicial police officers
responsible for the execution, copy or full reproduction of the letter rogatory.
Article 195 - (1) Any witness called to be heard during the execution of a
letter rogatory is required to appear and take an oath before giving evidence.
(2) If he does not appear, the judicial police officer shall notify the Examining Magistrate.
territorially competent who can compel him to appear by awarding him a
warrant to bring.
Article 196 - When, during the hearing of the witness referred to in article 195, the police officer
court considers that this witness is likely to be indicted as a co-perpetrator or accomplice of
the offense subject to the letter rogatory, he may place him in police custody, in the
and time limits provided for in Articles 119 to 121. He is bound, at the end of the period of police custody, to
bring this person before the investigating judge in whose jurisdiction is being prosecuted
the execution of the letter rogatory. After hearing this person, this magistrate can
authorize, in writing, the extension of the forty-eight (48) hour custody.
Article 197 - The instructing magistrate sets the time limit within which the acts drawn up by the
magistrate or the appointed judicial police officer must be transmitted to him.
Article 198 - (1) The Examining Magistrate may, by international letter rogatory, make
carry out any measure of judicial information in foreign countries, in particular:
- the questioning of an indicted individual in Cameroon;
- hearing of a witness;
- searches or seizures.

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(2) For this purpose, he transmits the letters rogatory to the Public Prosecutor for
routing to the Minister in charge of Justice through the hierarchical channel, accompanied by a
detailed report and documents essential for its execution. After examination, the
Minister in charge of Justice transmits this letter of request to the Minister in charge of
External Relations which forwards it through diplomatic channels, all subject to the
special agreements prescribing the direct transmission of letters rogatory between
Cameroonian and foreign judicial authorities.
(3) In an emergency, the letter rogatory may be the subject of direct transmission between
Cameroonian and foreign judicial authorities. In this case, copy of this commission
rogatory bearing the mention "duplicate" and the indication of the date of direct transmission
must be addressed at the same time or transmitted by the Attorney General to the Minister responsible
of Justice, which forwards it through diplomatic channels.
Article 199 - When the presence of an Investigating Judge or a judicial police officer
Cameroonian is necessary to follow the execution in a foreign country of a commission
rogatory, it is accredited by the Cameroonian Government to the Government
foreign.
Article 200 - The Minister in charge of Justice, seized by diplomatic channel, can make
proceed, in the forms provided for by Cameroonian law or any convention duly
ratified and published by Cameroon, for the execution of letters rogatory emanating from
foreign jurisdictions or to the notification of procedural documents concerning these jurisdictions.
Article 201 - The information documents prescribed in letters rogatory are
executed in accordance with the rules laid down by this code.
Article 202 - (1) In the event of subdelegation provided for in article 192, the judicial police officer
is required, after execution of the letter rogatory, to return it to the Judge
Delegated Instruction with all the execution documents. Transmission of the file to the authority
foreign judicial process operates subject to international conventions, through the
Ministry of Justice. If no deadline has been set, the minutes are sent
within ten (10) days of the end of the assignment.
(2) The Examining Magistrate verifies the regularity of the operations carried out and, if applicable, the
resumes or has them start over.
Section V
OF EXPERTISE
Article 203 - (1) When a technical question arises during the information, the
Examining magistrate may, either ex officio or at the request of one of the parties, including
possibly the liability insurer, order an expertise and commit one or
several experts.
(2) Any decision to reject a request for an expertise must be justified.
Article 204 - The expert must, on pain of nullity of his report, take an oath to fulfill his
mission in honor and conscience.

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Article 205 - In the event of refusal or incapacity of an expert, the Investigating Judge proceeds to
its replacement by reasoned order.
Article 206 - (1) Experts are chosen from a national list.
(2) The procedures for registering, deleting experts and renewing the list are
fixed by decree.
Article 207 - As long as he is not removed from the list, the expert is not required to renew his
oath whenever it is committed.
Article 208 - 1) Exceptionally, the Examining Magistrate may, by reasoned decision and with
the parties agree, choose experts not appearing on the national list.
(2) Under penalty of nullity of their report, the experts not appearing on the national list must,
each time they are committed, take the oath provided for in article
204. The official report of the taking of the oath is signed by the Examining Magistrate and the clerk.
(3) When the expert cannot take the oath orally, he does so in writing which is filed in
record of the proceedings.
Article 209 - Any decision appointing an expert gives him a deadline to fulfill his
mission. If necessary, this period may be extended at the request of the expert, by
reasoned order.
Article 210 - (1) An expert who does not submit his report within the time limit may, after
formal notice from the Examining Magistrate, be replaced immediately. In this case, he must:
a) report on the investigations it has already carried out;
b) within forty-eight (48) hours of notification of the replacement, return the
objects and documents which would have been entrusted to him, even by the parties, with a view to
the accomplishment of its mission.
(2) He may also, at the behest of the Public Prosecutor, be the subject of legal proceedings.
in accordance with the provisions of article 174 of the Penal Code.
Article 211 - (1) The expert must fulfill his mission in constant liaison with the Judge
of Instruction or the appointed magistrate. In particular, it keeps it informed of the development of its
investigations in order to enable it to take all necessary measures at any time.
(2) There is no violation of the rights of the defense when an order of the Examining Magistrate
extends the expert's mission to new facts likely to justify an indictment
complementary.
Article 212 - If the expert commissioned asks to be informed on a question which does not
of his specialty, the Examining Magistrate may, on his proposal, add such person to him
specially qualified. The person so designated takes the oath provided for in section 204. He
drafts a report which is annexed to that of the expert.

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Article 213 - (1) Before giving the seals to the expert, the Examining Magistrate presents them to
the accused and collects his observations, if necessary.
(2) The delivery of the seals to the expert gives rise to the establishment of a report which describes
their condition and, if applicable, their content.
(3) The expert's report mentions' any opening or reopening of the seals and a
an inventory is drawn up, if necessary.
Article 214 - (1) During the expertise, the parties may ask the Examining Magistrate
to instruct the expert to carry out certain research or to hear any person
named, likely to provide technical information.
(2) If the expert considers it useful to hear the accused, he must do so in the presence of his lawyer, if he does so.
has one, as well as the Examining Magistrate. However, the expert doctor responsible for examining the accused
may ask the latter questions necessary for the accomplishment of his mission, outside the
presence of his lawyer and the Examining Magistrate.
Article 215 - (1) At the end of his mission, the expert submits his report in as many copies
that there are parts plus one; this report contains the description of the operations carried out and its
conclusions.
(2) When several experts have been appointed, they write a joint report; if they are of the opinion

different, everyone records their opinion.
(3) The report and the seals or their residues shall be deposited in the hands of the clerk
of instruction which draws up, on the spot, minutes.
Article 216 - The Examining Magistrate shall notify the expert report to the parties. He fixes them a
time limit for presenting their observations and possibly formulating a request for expertise
complementary or second opinion. In case of rejection of this request, the Examining Magistrate
must render a reasoned decision.
Article 217 - The expert may be heard by the Examining Magistrate as a witness. In
in this case, before his hearing, he takes the oath provided for in Article 183 (2) a). It may, during
his hearing, consult his report.
Chapter IV
PROVISIONAL DETENTION
Article 218 - (1) Detention is an exceptional measure which can only be ordered
case of misdemeanor or felony. Its purpose is to preserve public order, the safety of people
and property or ensure the preservation of evidence as well as the legal representation of
the accused.
However, an accused proving a known domicile cannot be detained.
provisional only in the event of a crime.

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(2) The Examining Magistrate may issue a remand warrant at any time after
charge, but before the removal order, provided that the offense is punishable by
custodial sentence. He immediately issues an order justifying his decision to put
custody. This order is notified to the Public Prosecutor and to
the accused.
Article 219 - In addition to the references provided for in Article 26, the remand warrant
must specify the period of its validity in accordance with the provisions of Article 221.
Article 220 - (1) The remand warrant shall be drawn up in one original and one copy.
(2) The original and the copy shall be sent for execution to the prison administrator.
immediately return to the Examining Magistrate the original bearing the mention of the nut and custody
the copy in the last prison of the accused.
Article 221 - (1) The duration of pre-trial detention is set by the Examining Magistrate in
the mandate. It cannot exceed six (6) months. However, it can be extended by
reasoned order, at most for twelve (12) months in the event of a crime and six (6) months in the event of
offense.
(2) At the end of the period of validity of the remand warrant, the Examining Magistrate
shall, on pain of disciplinary proceedings, immediately order the release of
the accused, unless he is detained for other reasons.
Chapter V
RELEASE
Section I
RELEASE WITHOUT GUARANTEE
Article 222 - (1) The Examining Magistrate may, at any time and until the close of
judicial information, ex officio, release the remand warrant.
(2) When it is not compulsory or when it is not granted ex officio, the release
may, at the request of the accused and after requisitions of the Public Prosecutor, be
ordered by the Examining Magistrate, if the accused under the commitment to comply with the summons of
this one and to keep it informed of displacements.
Article 223 - (1) The act of withdrawal of the remand warrant is called an “order of
release ”.
(2) The act of rejecting the application for release is called a “rejection order”.
(3) After release, and if new circumstances make detention necessary, the
Examining magistrate can issue a new remand warrant.
Section II

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OF RELEASE ON SECURITY
Article 224 - (1) Any legal person. temporarily detained may benefit from the
release under one of the guarantees referred to in Article 246 (g) and intended to ensure
in particular its representation before a judicial police officer or a judicial authority
competent.
(2) However, the provisions of this article do not apply to accused persons
for felony punishable by life imprisonment or the death penalty
Article 225 - The request for release on bail is sent, as the case may be, to
the judicial police officer, the Public Prosecutor, the Examining Magistrate or the
trial court.
Article 226 - When the applicant presents several guarantors to obtain his release,
they can make their commitments separately.
Article 227 - The bail decision may be revoked by the
jurisdiction seized, either ex officio or at the request of the Public Prosecutor or the civil party.
Article 228 - (1) The guarantor is responsible for the appearance of the released person.
(2) When the latter does not appear, the competent authority shall order her arrest and
gives the guarantor formal notice to represent it.
(3) In the absence of representation, the guarantor is required to pay the deposit fixed in the deed
commitment under penalty of being forced by corps in accordance with the provisions of
articles 563 and following. However, the guarantor is exonerated from his liability if he proves that the
non-appearance is due to a case of force majeure.
Article 229 - The surety may withdraw his surety at any time.
In this case, he is required to present the respondent to the competent authority; this gives him
act of withdrawal of his guarantee and informs the respondent that he can remain at liberty if he
presents another guarantor or posts a bond.
Article 230 - When the authority which granted the release on bail is informed by a
guarantee that the respondent seeks to escape the obligation of representation, it
order his arrest and continued detention unless he provides another
guarantee.
Article 231 - Anyone released on bail is considered legally
deprived of his liberty within the meaning of the provisions of article 193 of the Penal Code.
Article 232 - (1) When the released person is subject to a bond, the latter
this guarantees:
a) its representation in court;

Page 49

b) where applicable, reimbursement of costs incurred by the civil party, compensation
damage caused by the infringement and the payment of fines and costs of
justice.
(2) The security is refunded in the event of representation, dismissal, release or
termination of the judicial supervision measure.
(3) The reimbursement of the bond is ordered by the competent judicial authority.
Article 233 - When the released person has provided one or more sureties for
guarantee their legal representation, the obligations provided for in Articles 228 to 232 are theirs
applicable.
Article 234 - In the event of a leak, the security is acquired from the Public Treasury, without prejudice
the rights of the civil party.
Article 235 - The reimbursement of the deposit deposited during police custody is
ordered by the competent public prosecutor's office.
Chapter VI
COMPENSATION DUE TO PREVIOUS DETENTION OR
ABUSIVE CUSTODY
Article 236 - (1) Anyone who has been in police custody or detention
abusive provisional may, when the proceedings lead to a decision of dismissal or
payment become irrevocable where applicable, reimbursement of costs incurred by the
civil party, compensation for damage caused by the offense and payment of fines and
legal costs.
(2) The security is refunded in the event of representation, dismissal, release or
termination of the judicial supervision measure.
(3) The reimbursement of the bond is ordered by the competent judicial authority.
Article 233 - When the released person has provided one or more sureties for
guarantee their legal representation, the obligations provided for in Articles 228 to 232 are theirs
applicable.
Article 234 - In the event of a leak, the security is acquired from the Public Treasury, without prejudice
the rights of the civil party.
Article 235 - The reimbursement of the deposit deposited during police custody is
ordered by the competent public prosecutor's office.
Chapter VII
COMPENSATION DUE TO PREVIOUS DETENTION OR
ABUSIVE CUSTODY

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Article 236 - (1) Anyone who has been in police custody or detention
abusive provisional may, when the proceedings lead to a decision of dismissal or
of acquittal become irrevocable, obtain compensation if it establishes that it has suffered as a result of
of his detention a current prejudice of particular gravity.
(2) Constitutes police custody or abusive pre-trial detention within the meaning of paragraph 1 below.
above:
a) violation by the judicial police officer of the provisions of articles 119 to 126
of this Code;
b) the violation by the Public Prosecutor or the Examining Magistrate of
provisions of articles 218 to 235, 258 and 262 of this Code;
(3) The indemnity is payable by the State which may take recourse action against its agent.
faulty.
Article 237 - (1) The compensation provided for in the previous article is granted by decision of a
Commission which decides in first instance.
(2) When deciding on requests directed against magistrates, the Commission is
composed as follows:
President: an Advisor to the Supreme Court.
Members :
- two magistrates of the Court of Appeal;
- a representative of the authority responsible for State Superior Control;
- a representative of the administration in charge of the Civil Service;
- a representative of the administration in charge of Public Finances;
- a deputy appointed by the Bureau of the National Assembly;
- the President of the Bar or his representative.
(3) When ruling on requests directed against judicial police officers, the
Commission includes, in addition to the personalities designated in paragraph 2 above,
representatives of the administrations in charge of the Judicial Police (National Security and
Gendarmerie) at the rate of one representative per administration.
(4) Each administration appoints a titular representative and an alternate representative.
(5) The full members and the substitutes are appointed for three (3) judicial years.
Those from public institutions and administrations must have at least the rank of
director of central administration.

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(6) The Commission is seized by way of request, within six (6) months of the termination of the
custody, the decision of dismissal, release or acquittal which has become final. The
The procedure to be followed is that applicable before the Judicial Chamber of the Supreme Court.
(7) The debates take place and the decision is rendered in the Council Chamber.
(8) The Commission decides by reasoned decision which may be appealed to the Chamber.
Judicial of the Supreme Court. This decision is assimilated to a civil judgment.
(9) The time limits for appeal are those prescribed for appeals in civil matters.
(10) The functions of Public Prosecution are exercised by the General Prosecutor's Office at the Court
Supreme.
(11) The judgment of the Judicial Chamber of the Supreme Court ruling on appeal cannot be
of no recourse.
Chapter VIII
VISITS AND CORRESPONDENCE
Article 238 - (1) In the event of pre-trial detention, the spouses, ascendants, descendants,
collaterals, allies and friends of the accused have a right of visit which is exercised according to the schedules
fixed by the prison administration, on the assent of the Public Prosecutor.
(2) A permanent visitation permit may be issued to the persons listed above by the
Examining magistrate who can withdraw it at any time. It ceases to be valid at the close of
information.
Article 239 - (1) The accused detained may, unless otherwise prescribed by the Examining Magistrate,
correspond without restriction with anyone of their choice.
(2) These correspondences are subject to reading by the prison manager.
Article 240 - (1) Visits by counsel to their detained client may only take place between
six (6) hours and eighteen (18) hours.
(2) Any visit outside the hours specified in paragraph (1) is subject to authorization
written by the Examining Magistrate.
Article 241 - (1) Before being put in contact with the accused, the persons referred to in article
238 may be subjected to a preliminary search in order to prevent them from introducing
in prison a weapon or any other object the presence or use of which is likely to disturb
public order or facilitate an escape.
(2) The search is carried out with dignity at the office of the prison superintendent by a person
of the same sex and without the presence of a third person.
(3) After the search, the person is immediately brought to the accused in a
room reserved for this purpose.

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Article 242 - (1) The provisions of Article 239 (2) are not applicable to
correspondence exchanged between the accused and his counsel or between the accused and the authority
judicial.
(2) No information obtained in violation of the provisions of paragraph 1 above may
be accepted as evidence against the accused.
Article 243 - Opening of correspondence for reading as provided for in Article
239 (2) takes place in the presence of the accused.
Article 244 - (1)
a) Subject to the provisions of article 242, the Examining Magistrate may, by order,
order the prison administrator to communicate all or part of the correspondence
received or sent by the accused.
b) The correspondence thus communicated is, after examination and, where applicable,
reproduction, delivered or sent without delay to their addressee, unless the Judge
Instruction does not proceed to their referral, in which case the accused must be notified.
(2) The Examining Magistrate may at any time order the prison manager to prohibit
any visit or communication by the accused with his co-detainees for a period of six (6)
days renewable once. The order prescribing this measure is served on the accused and
to the Public Prosecutor. It is not subject to any appeal.
(3) The prohibition on communication provided for in paragraph (2) above does not apply, nor to the
Public Prosecutor, nor to the counsel of the accused.
Article 245 - (1) Subject to the same reservations as in Article 244 (1) above, the Judge
Instruction may, by ordinance, prescribe to the post and telecommunications collector
communicate to him all or part of the correspondence received or sent by the accused left
free with or without bail, or placed under judicial supervision.
(2) The provisions of article 242 are applicable.
(3) The measure provided for in paragraph (1) of this article may be revoked by the Judge
of Instruction. It ends when the information is closed. Notification of this termination is
given to the authorities responsible for its execution.
(4)
(a) The Examining Magistrate may, when information requirements so require, prescribe
the interception, recording and transcription of correspondence sent by way of
telecommunications. These operations are carried out under its authority and control.
b) The interception decision:
- is written;
- has no judicial character and is not subject to any appeal;

Page 53

- must include all the identification elements of the link to be intercepted,
the offense which motivates recourse to this measure, as well as its duration.
(c) The decision is taken for a maximum period of four (4) months and cannot be
renewed only under the same conditions of form and duration.
(d) The Examining Magistrate or the judicial police officer appointed by him may request any
qualified agent of a service or body placed under the authority or supervision of the Minister responsible
of Telecommunications or any qualified agent of a network operator or supplier of
authorized telecommunications services, in order to install a device
interception.
(e) The Examining Magistrate or the judicial police officer appointed by him transcribes the
correspondence useful for the manifestation of the truth. A report is drawn up. This
transcript is on file.
Correspondence in national or foreign languages ​is transcribed in French or in
English with, if necessary, the assistance of an interpreter required for this purpose.
The Examining Magistrate or the judicial police officer appointed by him draws up a report of
each of the interception and recording operations; this report must mention the
date and time when the operation started and when it ended. The
records are placed under closed seal.
(f) The recordings are destroyed, at the behest of the Public Prosecutor or the
Public Prosecutor, at the expiration of the limitation period for public action. he is trained
report of the destruction operation.
(g) No interception may take place on a line dependent on a lawyer's office or
of his domicile without the President of the Bar being informed by the Judge
of Instruction.
(h) No interception may take place on the telephone line of a member of a
constitutional public institution enjoying immunity.
(5) The formalities provided for in this article are prescribed under penalty of nullity.
(6) Shooting in private places obey the same rules.
Chapter IX
JUDICIAL SURVEILLANCE
Article 246 - The Examining Magistrate may, by order, subject the accused to measures
judicial surveillance or substitute such measures for the remand warrant,
by committing it, either to one or more of the obligations provided for in Articles 41 and 42 of the Code
Criminal, or to one or more of those listed below:
a) not to go beyond the territorial limits determined by the Examining Magistrate;

Page 54

b) not to go to certain places determined by the Examining Magistrate;
c) respond to summons from any authority in charge of the surveillance mission
and assistance or any other person designated by the Examining Magistrate;
d) refrain from driving any vehicle or certain vehicles and, where applicable,
hand in his driving license against receipt to the registry;
e) refrain from receiving certain persons designated by the Examining Magistrate, as well
than to communicate with them in any way;
f) submit to measures of examination, treatment or care, even under the
hospitalization regime, in particular for the purposes of detoxification and treatment of
contagious diseases;
g) provide, with a view to guaranteeing legal representation:
- or a security, the amount and payment terms of which are set by the
Examining magistrate, taking into account in particular the resources of the accused;
- either one or more guarantors in accordance with the provisions of articles 224 and
following.
h) not to carry out certain professional activities when the offense has been
committed on the occasion or in the exercise of these and if the Examining Magistrate considers
that their prosecution is likely to facilitate the commission of a new offense.
Article 247 - The Examining Magistrate may, at any time, delete or modify one or
several of the obligations resulting from judicial oversight.
Article 248 - (1) The Examining Magistrate may, at any time of the information, either ex officio,
or at the request of the accused, release the measures of judicial surveillance.
(2) He decides on the request of the accused, within five (5) days, by order
motivated.
Article 249 - The powers granted to the Examining Magistrate by Articles 222, 238 and 246 to
248 also belong to the Court of Appeal meeting in the Control Chamber as
provided for in Article 272, and to the trial court seised of an order for reference.
Article 250 - If the accused violates one of the obligations of judicial supervision, the Judge
may, regardless of the length of the prison sentence incurred, award to
against him warrant to bring, arrest or pre-trial detention.
Chapter X
NULLITIES OF ACTS OF JUDICIAL INFORMATION
Article 251 - (1) Any investigative act carried out in violation of the provisions of articles
164, 167, 169 and 170 is zero.

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(2) A party may waive the right to invoke the nullity when this only affects
his only interests. However, the violation of the substantive provisions of this title shall not
may, in application of the provisions of article 3 of this Code, be covered.
Article 252 - (1) If it appears to the Public Prosecutor that an act of investigation is
vitiated, it notifies the Examining Magistrate in writing and requests the transmission of the
duplicatum of the file to the President of the Chamber of Investigation Control, with a view to
annulment of the flawed act.
(2) In case of refusal, the Examining Magistrate decides by reasoned order, notified to the Prosecutor
of the Republic and to the other parties.
(3) The Public Prosecutor's Office has sole capacity to appeal against this order, in the
forty eight (48) hours from the day after the day of its notification.
(4) In the event of an appeal, the investigating clerk shall proceed as indicated in Article 253 (3).
Article 253 - (1) If it appears to the Examining Magistrate that an investigative act is tainted with
nullity, he notifies in writing the Public Prosecutor who requests the transmission of the
duplicate of the procedural file to the President of the Investigation Control Chamber.
(2) The Examining Magistrate orders the transmission of the file to the President of the
Instruction Control Chamber. This order is notified to the Public Prosecutor
Republic and to the parties.
(3) The investigating clerk shall forward without delay the duplicate of the file, to which shall be
annexed the requisitions of the Public Prosecutor, to the President of the Chamber of
Control of the investigation, which will proceed as provided for in Articles 273 et seq.
(4) In the event of an appeal, the investigating clerk shall proceed as indicated in Article 253 (3).
Article 254 - (1)
a) If a party considers that an act of investigation, with the exception of the orders listed in
Article 257 (I) adversely affects its interests or the good administration of justice, it addresses
to the Examining Magistrate a request for the annulment of the said act.
b) The Examining Magistrate proceeds as indicated in Article 253, then issues either an order
dismissal of this request, i.e. an order for the transmission of the file to the Chamber of
Control of the Instruction.
(2) The order issued is notified to the Public Prosecutor and to the parties.
(3) The Public Prosecutor and all other interested parties may appeal from
said order.
Article 255 - (1) The trial court, seized by the order for reference, has quality
to record the nullities referred to in this Title, subject to the provisions of Articles 253
and 254.

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(2) If the order for reference referred to acts vitiated by nullity, the trial court in
take note, join the incident to the merits and empty its referral by a single judgment.
(3) However and subject to the provisions of Article 3, the parties may waive their right to
prevail over the nullities referred to in paragraph 2 above. In this case, the waiver must be made
from the opening of the proceedings and before any defense on the merits. Mention is made in the
judgment.
Chapter XI
OF THE CLOSING OF JUDICIAL INFORMATION
Article 256 - (1) As soon as he considers that the judicial investigation has been completed, the Judge
of Instruction communicates the file to the Public Prosecutor for his "indictment
definitive ”.
(2) The file, accompanied by the final indictment is, within five (5) days of its receipt,
returned to the study cabinet by the Public Prosecutor.
(3) The Examining Magistrate checks whether or not there are constituent elements against the accused.
violation of criminal law and issues either an order of dismissal, partial dismissal, or
a referral order.
(4) If the Examining Magistrate considers that the facts of the prosecution constitute a contravention
or a misdemeanor, he issues an order for reference to the Tribunal having jurisdiction
simple police or correctional matters.
(5) If he considers that the facts constitute a crime, he shall make an order for reference to the
jurisdiction having jurisdiction in the matter.
(6) If the Examining Magistrate considers that the facts do not constitute any offense or that the author
is not identified or that there are no charges, he issues a dismissal order.
(7) In the event of multiple charges, the Examining Magistrate issues a dismissal order
partial if there are charges for some facts and none for others.
Article 257 - Orders of dismissal, partial dismissal and dismissal contain the
surname, first names, date and place of birth, filiation, domicile and profession of the accused, the statement
and the criminal qualification of the facts as well as the indication of the applicable legal texts.
They also indicate precisely and concisely the reasons for which there is or does not exist.
charges against the accused.
Article 258 - (1) The order of dismissal entails the immediate release of
the accused, if he is not detained for any other reason, as well as the cessation of surveillance measures
taken against him.
(2) The Examining Magistrate decides at the same time on the return of the seized objects and the case
applicable, on the bond. He orders the costs of the proceedings and charges them to the

Page 57

Public Treasury or the civil party depending on whether the prosecution was initiated by the Ministry
Public or on the basis of a complaint with the constitution of civil party.
However, the Examining Magistrate may, by special motivation of the closing order,
release the civil party from all or part of the costs if he considers that he acted in good faith.
Article 259 - The order of dismissal does not prevent the reopening of the information
in the event of new facts.
Article 260 - (1) The accused beneficiary of a dismissal order which has become final
can act in libelous denunciation against the civil party. It can also carry out its action by
damages in civil jurisdiction.
(2) In the event of a conviction, the costs shall be borne by the civil party.
Article 261 - Orders of dismissal, partial dismissal or dismissal are notified to the
Public prosecutor and the other parties.
Article 262 - (1)
(a) When the accused detained or placed under judicial supervision is referred to the
Court for a contravention, the remand order ends the pre-trial detention or
the measure of judicial supervision.
b) In the event of referral to the Tribunal for facts constituting an offense, the order of
removal does not terminate the pre-trial detention or judicial supervision measure,
when the maximum penalty incurred exceeds the duration of the detention.
(2) When the accused detained or placed under judicial supervision is referred to the
Tribunal for a crime, the removal order does not end pre-trial detention or
judicial oversight measure.
(3) The accused remains at liberty until his appearance before the trial court.
competent.
Article 263 - (1) Procedural issues raised but not definitively settled in the
course of the judicial investigation are attached to the merits and brought at the same time as the case
before the trial court. They must be presented before any defense on the merits.
(2) The court seised shall pronounce the annulment of the act recognized as irregular and determine
the extent of its effects.
However, the judgment of the Investigation Control Chamber referring the accused to the
trial court for crime definitively purges all nullities of the procedure
earlier.
Article 264 - The file closed by a dismissal order is filed with the registry of the

jurisdiction where the judicial investigation took place.
Chapter XII

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OF THE RECOVERY OF JUDICIAL INFORMATION
Article 265 - The accused beneficiary of a decision of dismissal which has become irrevocable cannot
no longer being sued for the same facts, even under a different qualification. However,
the information closed by a decision of dismissal, may, at the behest of the Public Prosecutor or
of the civil party, be taken back in case of discovery of new elements.
Article 266 - are considered new evidence, witness statements,
the identification of the perpetrator of the facts in the event of open information against X, the documents to be
conviction, documents and minutes that were not produced during the
instruction, and which are likely to reinforce the charges that had been judged
insufficient, or to give the facts new developments useful for the manifestation of
the truth.
Chapter XIII
APPEALS AGAINST ACTS OF THE PRESIDING JUDGE
Section I
GENERAL PROVISIONS
Article 267 - The acts of the Examining Magistrate may be appealed against to the Chamber
of Instruction Control, in the forms and deadlines provided for in Articles 271 and 274.
Article 268 - The Public Prosecutor may, unless otherwise provided, lodge an appeal against
the orders issued by the Examining Magistrate. This appeal is made in accordance with
provisions of Articles 252 (3) and 254 (1), (3) and 271.
Article 269 - The accused can only appeal against orders relating to detention
provisional, to the measure of judicial surveillance, to the request for expertise or
expertise and the return of seized objects.
Article 270 - The civil party can only appeal against orders refusing to inform,
inadmissibility of the constitution of civil party, rejection of a request for expertise or
second opinion, restitution of seized objects or dismissal.
Article 271 - The appeal period is forty eight (48) hours. It runs from
day after the day of notification of the order.
Section II
ORGANIZATION AND PROCEDURE BEFORE THE CHAMBER OF
INSTRUCTION CONTROL
Article 272 - (1) The appeal against the acts of the Examining Magistrate is brought before a
special formation of the Court of Appeal called the Chamber of Investigation Control.
(2) The Investigation Control Chamber is chaired by a magistrate from the seat of the Court,
appointed by order of the President of the said Court for one judicial year.

Page 59

(3) The Public Prosecutor's Office and the other parties attend the hearings of the Chamber.
(4) Hearings are conducted with the assistance of a registrar.
Article 273 - The Investigation Control Chamber meets whenever it is
necessary, when convened by its President or at the request of the Public Prosecutor.
Article 274 - (1) The appeal is made by unstamped request sent in four (4)
copies to the President of the Investigation Control Chamber. To this request is attached
a copy of the contested order.
(2) The appeal request must, under penalty of inadmissibility, articulate and develop the means
products in support of the appeal.
(3) The report of receipt of the appeal and a copy of the request shall be notified to the
Attorney General to the Court of Appeal and to the other parties.
(4) The Attorney General and the other parties have a period of forty eight (48) hours
to file their findings.
(5) Subject to the cases referred to in Articles 252 and 253, the President of the Control Chamber
of the Instruction shall be provided with the duplicate of the file.
(6) The Attorney General and the other parties are informed, by any means leaving a trace
written of the date of the hearing at which the case will be called.
(7) A minimum period of forty eight (48) hours for detention and five (5)
days in any other matter, must be observed between the date of this information and that of
the audience. During this period, counsel for each party may consult the procedural file.
at the registry of the Chamber for the Control of Investigation and produce a memorandum that
communicates to the Public Prosecutor's Office and to the other parties.
Article 275 - (1) The Investigation Control Chamber rules within thirty (30) days of
receipt of the appeal request.
(2) In matters of pre-trial detention, a ruling must be made within ten (10) days of receipt
of the appeal request.
Article 276 - (1) The Investigation Control Chamber may, either ex officio or at the
request of the Attorney General or any other party, order any additional
information that it considers useful. This is done either by the President of the Chamber or by
a magistrate from the seat of the Court of Appeal or by an Examining Magistrate appointed for this purpose.
(2) After completing the additional information, the procedural file is restored to the registry
of the Chamber of Control of the Instruction. It can be consulted there by the counsels of the parties.
Article 277 - (1) When the Investigation Control Chamber, ruling on the appeal raised
against an order of the Examining Magistrate in matters of pre-trial detention or
judicial supervision or restitution of seized objects, overturns this order, it can,
depending on the case, either release the warrant or the judicial surveillance measure, or

Page 60

issue a warrant for pre-trial detention or arrest against the accused released on
execution of the said order, whether or not to order the return of the seized objects.
(2) The Attorney General immediately ensures the execution of the judgment, notwithstanding
the possible exercise of a cassation appeal lodged by the interested party, in the forms
provided for in section 480.
Article 278 - When the Investigation Control Chamber, seized of an appeal lodged
against an order of the Examining Magistrate relating to any matter other than detention
provisional reverses this order, it can return the file to the Examining Magistrate
initially seized or to another Examining Magistrate of the same Tribunal, with a view to the prosecution of
judicial information.
Article 279 - When the Chamber of Control of Investigation reverses an order of
closure of the judicial investigation, it can evoke and rule again.
Article 280 - (1) The magistrate who carries out the additional investigation referred to in article 276
enjoys the prerogatives of the Examining Magistrate. He can question the accused concerned, hear
witnesses, carry out searches and seizures, if necessary, issue commissions
rogatory and issue warrants.
However, he can neither rule on a request for release, nor make an order.
closing information.
(2) He is required, at the end of his mission, to return the file to the Control Chamber of
Instruction.
Article 281 - (1) When the Investigation Control Chamber is seized in accordance with
to the provisions of Articles 277 and 278, it examines the legality of all acts of
procedure submitted to it.
(2) If it discovers a cause for nullity, it declares the annulment of the defective act and, if it is,
that of all or part of the subsequent procedure.
(3) After the cancellation, it may proceed as indicated in article 278.
Article 282 - When the Investigation Control Chamber finds that the Judge
of Instruction did not rule on certain facts before it or that the introductory indictment
instance failed to bring all the facts revealed by the investigation reports to him
preliminary, it is required to order that he be informed of any infringements arising from the
preliminary investigation file.
Article 283 - When seized of an appeal lodged in accordance with the provisions of
Articles 267 to 271 against a referral or dismissal order, the Control Chamber of
the Instruction, if it considers that the facts do not constitute an offense or that the perpetrator
this has remained unknown or if there are no charges against the accused, renders a judgment of no
place and rule, if appropriate, on the return of the seized objects. The accused detained are
immediately released.

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Article 284 - (1) If the Investigation Control Chamber considers that the facts constitute
an offense, it refers, in the event of a felony, misdemeanor or contravention, to the jurisdiction
competent in criminal or correctional matters or simple police, as the case may be.
(2) In the event of dismissal for contravention, the detained accused shall be immediately released.
Article 285 - (1) In all cases referred to in Articles 261 to 263, the judgment of the Chamber of
Control of the Investigation is notified to the Investigating Judge, the Public Prosecutor, the
Attorney General and other parties.
(2) The procedural file is, as the case may be, returned without delay to the Examining Magistrate, under
subject to the provisions of Articles 279, 283 and 284.
(3) The Public Prosecutor and the civil party alone are empowered to appeal to the
Supreme Court against the closing decisions of the judicial information.
Article 286 - In the event of annulment of an order for referral or dismissal, the Chamber of
Control of the Instruction may, in the interest of the good administration of justice, designate
another Examining Magistrate or failing that, any other magistrate from the seat of the same Tribunal to
continue the judicial investigation.
Article 287 - The appeal lodged against the investigative acts other than the orders of
dismissal or dismissal, does not suspend the judicial investigation.
Book III
JUDGMENT JURISDICTIONS
Article 288 - (1) A trial court is an organ responsible for ruling in accordance with
to the law on the facts before it and to pronounce, if necessary, the penalties and measures
provided for by law.
(2) In this Code, the following common law courts constitute:
a) the Court of First Instance;
b) the Tribunal de Grande Instance;
c) the Court of Appeal;
d) the Supreme Court.
Title I
OF THE COURT OF FIRST INSTANCE
Chapter i
JURISDICTION AND REFERENCE TO THE COURT OF FIRST INSTANCE

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Section I
GENERAL PROVISIONS
Article 289 - (1) The Court of First Instance is competent to hear misdemeanors and
contraventions as defined in article 21 (1) b) and c) of the Penal Code.
(2) When judging matters of contravention, he shall apply the same rules as in matters of
misdemeanor, with the exception of those relating to flagrante delicto.
Article 290 - The Court of First Instance is seized, either by order of reference of the
Investigating Judge, or by judgment of the Investigating Control Chamber, or by summons
direct, or by applying the flagrante delicto procedure.
Article 291 - (1) Except in cases of flagrante delicto and direct summons at the request of the
civil party, the President of the Tribunal, in consultation with the Public Prosecutor,
sets the date for the first hearing.
(2) If necessary, this date can be modified under the same conditions.
Article 292 - (1) The procedural file is communicated to the Public Prosecutor,
for summons of parties and witnesses.
(2) At the end of the formalities prescribed in paragraph 1, the file is restored to the registry.
Article 293 - When the Court of First Instance is seized of several proceedings
for related offenses, he may order their joinder, either ex officio or upon
requisitions of the Public Prosecutor's Office, or at the request of any other party.
Article 294 - The Court has jurisdiction:
(a) the place where the offense was committed;
b) either from the place of domicile of the accused;
c) or the place of the arrest of the accused.
Article 295 - Jurisdiction over an accused extends to all the co-perpetrators and
accomplices, unless otherwise provided by law.
Article 296 - (1) The Court of First Instance is competent to rule on all
exceptions raised by the parties to the exclusion of preliminary exceptions.
(2)
a) When a preliminary ruling is accepted, the Court of First Instance must
stay the ruling until the competent court rules on this exception;
(b) The Tribunal shall grant the author of the exception a time limit to seize the competent court;

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c) If the action is not brought within this time limit, the exception is ignored, unless the
party which raised it does not justify its inaction.
(3) If the exception is not allowed, the debates continue.
Article 297 - The exceptions based on the nullity, either of the summons to appear, or of the
previous proceedings are, under penalty of foreclosure, raised before any defense on the merits.
Section II
OF THE FLAGRANT DELIT
Article 298 - Anyone arrested in flagrante delicto shall be brought before the Public Prosecutor
Republic which proceeds as stated in article 114.
Article 299 - (1) The witness may be summoned by any means leaving a written record, even
by the judicial police officer or agent. n is required to appear at the hearing.
(2) If the witness does not appear, he is summoned at the behest of the Public Prosecutor. In case of
non-appearance, the Tribunal may either issue a warrant against him or overrule him.
Article 300 - (1) When appearing at the first hearing of flagrante delicto, the accused
is informed by the President that he has the right to request a period of three (3) days for
prepare his defense.
(2) If the accused uses this option, the Tribunal orders the dismissal.
(3) Mention of this information and the option of the accused is made in the judgment under
penalty of nullity.
Article 301 - (1) If the case is not ready for trial, the Tribunal refers it to the most
next hearing. In this case, he can release the accused with or without bail,
with or without a measure of judicial supervision.
(2) If the case is ready for trial, the Tribunal shall proceed in accordance with the provisions of
articles 302 and following.
Chapter II
ADVERTISING AND HEARING POLICY
Section I
AUDIENCE ADVERTISING
Article 302 - (1) Hearings are public.
However, when the advertisement is dangerous for public order or good morals, the
jurisdiction may, at any time, ex officio or at the request of one of the parties and after the

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requisitions of the Public Prosecutor's Office, order, by preliminary ruling, that the debates be
take place in whole or in part behind closed doors or that their publicity be restricted.
Mention is made in the judgment.
(2) In all cases, the judgment is pronounced in open court.
Section II
FROM THE HEARING POLICE
Article 303 - The President assures the police of the hearing and the direction of the debates.
To this end, law enforcement officers are placed at his disposal for the
duration of each hearing.
Article 306 - (1) The use of any recording or filming device is prohibited
under penalty of the sanctions provided for in article 198 (2) of the Penal Code and, if necessary, of the
confiscation of devices under the conditions provided for in article 35 of the same Code.
(2) Notwithstanding the provisions of paragraph 1, the President may, by reasoned decision,
authorize the sound system of the courtroom and the use of recording devices or
sound broadcasting to allow a larger public to follow the progress of the debates.
Chapter III
PROOFS
Section I
GENERAL RULES
Article 307 - The burden of proof lies with the party who initiated the action
public.
Article 308 - a) Except in cases where the law provides otherwise, an offense may be
established by any mode of proof;
b) Any evidence to the contrary of a fact may be adduced by any means;
c) Evidence by interception of wiretaps, electronic devices, and others
surveillance instruments is admitted under the conditions provided for in Articles 92 and 245 below.
above.
Article 309 - It is up to the accused who invokes a justifying fact or a cause of nonresponsibility to prove it.
Article 310 - (1) The judge decides according to the law and his personal conviction.

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(2) His decision must not be influenced, neither by public rumor, nor by knowledge
personal that he would have facts, object of the prosecution.
(3) It can only be based on evidence given during the proceedings.
Article 311 - The Tribunal may not base its decision on the testimony of a co-accused,
unless it is corroborated by testimony from a third party not involved in the case or
by any other means of proof.
Article 312 - (1) The Tribunal does not take cognizance of the criminal record and any other
moral information concerning the accused only after having found him guilty.
(2) Notwithstanding the provisions of paragraph 1, when the accused during the proceedings reports
good character or criticize the character of a prosecution witness, the prosecution may establish its
bad morals by producing any information in its possession for debate. In that case,
the decision should note that the accused was the first to evoke his good character or to
criticize that of a prosecution witness.
Article 313 - (1) The content of a document can only be proven by producing the
primary proof or, failing that, secondary proof. Testimonial evidence is not
admitted.
(2)
a) Primary evidence means the original of a document. When a document has been drawn up
by the same process in several copies, each copy is a primary proof of
this document.
b) By secondary evidence, we mean the true copy of the original and certified by an authority
competent.
Article 314 - Secondary evidence is admitted in the following cases:
a) when it is established before the court that the original is in the possession of the
opposing party or a third party who, duly requested, refuses to produce it;
b) when the existence and contents of the original are not disputed by the party
opposing;
(c) when it is established that the original has been destroyed or lost;
d) when the original cannot be easily moved.
Article 315 - (1) The confession is a statement made at any time by the accused
and by which he acknowledges being the author of the offense with which he is accused.
(2) Confession is not admitted as a means of proof if it has been obtained by coercion, violence
or threat or against promise of any advantage or by any other means bearing
infringement of the free will of its author.

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(3) A voluntary confession constitutes a means of proof against its author.
(4) The probative value of the admission is left to the discretion of the Court, which cannot, however
admit or reject it only by reasoned decision.
Article 316 - Correspondence exchanged between a lawyer and his accused client cannot be
admitted as evidence against the latter.
Article 317 - The author of a report or a report may also be heard as
witness before the Tribunal.
Article 318 - (1) When it appears, in view of a judicial act, that it has been
regularly done, the legal conditions for its establishment are presumed to have been
respected.
(2) When an official within the meaning of article 131 of the Penal Code has acted within the limits of his
jurisdiction, acts performed by him are presumed lawful.
Article 319 - If the court considers that an expertise is necessary for the manifestation of the
truth, it is carried out in accordance with the provisions of articles 203 and following.
Article 320 - (1) In the event of a dispute as to the authenticity of a document, the Tribunal may
compare with another whose authenticity is not in dispute.
(2) The Tribunal may request that any person present at the hearing, when he or she has been called
cause by one of the parties, to write a few words or a few figures, or to affix its
fingerprints, for comparison with words, numbers or fingerprints
attributed to it.
Article 321 - The court may, ex officio or at the request of one of the parties, order any
transport to the scene.
The presence of the parties and their transport advisers on the scene is compulsory at the same time
title as their appearance at the hearing.
At all, there is a report.
Section II
WITNESSES
Article 322 - (1) Anyone who is at least fourteen (14) years old may be heard
as a witness. However, the minor victim of an offense can be understood as
witness, whatever his age.
(2) When the Tribunal finds that the person called to testify is unable to
understand the questions asked, or give coherent answers, as a result
of his physical or mental incapacity, he overrides, by reasoned decision.

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Article 323 - (1) Any accused may, if he wishes, be a witness at all stages of the
procedure.
(2) The accused who has chosen to testify may be asked any question, even that tending to
establish his guilt.
Article 324 - When the Tribunal considers it necessary to hear an accused as a witness
who cannot, because of his state of health, appear and if there are serious reasons for not
not postpone his hearing, he can, by judgment beforehand, be transported to the place where he is
find it or order it to be heard by a magistrate appointed for this purpose.
Article 325 - (1) Witnesses are called as stated in Articles 41 to 53.
(2) Subject to the provisions of Article 322 (2), any person called as a witness is
required to appear and take an oath before giving evidence. However and except provisions
contrary to the law, the oath taken does not release the witness from the obligation to keep all secrets
which was entrusted to him because of his quality or his profession.
Article 326 - The Tribunal may, by a preliminary ruling, order a new
summons from witness who does not appear and provides no valid excuse.
In the event of a new default, the provisions of article 188 (2) are applicable.
Article 327 - (1) The President, after having carried out the formalities provided for in Article 338 (1)
b), order the witnesses to retire to the room intended for them, while waiting to be
called to file.
(2) fi takes all necessary measures to prevent witnesses from communicating with each other
before their depositions.
Article 328 - (1) The Tribunal calls witnesses in accordance with the provisions of
Article 327 (1) and require them to take an oath in accordance with the provisions of Article
183 (2).
(2) The witness, after taking the oath, declares his surname, first names, age, profession,
home. It specifies whether he is a relative or an ally of the accused, of the civilly liable, of the insurer
liability or the civil party or if he is at the service of one of them.
Article 329 - A witness who has taken the oath does not have to renew it if he is heard from
again in the same trial. The President must remind him that he is still bound by the said
oath.
Article 330 - (1) Witnesses testify separately and orally.
However, a witness may, with leave of the Tribunal, consult a document drawn up at
the time of the facts, subject of his testimony. This document must be communicated to the party
opponent if she asks.
(2) The witnesses of the Public Prosecutor's Office are heard first, followed by those of the party
civil, if necessary, and finally, those of the defense.

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(3) Anyone who has not been cited but who is present at the hearing may, if so
spontaneously the request, either to be heard, or to produce any document in its possession.
It is exempt from the oath.
This provision does not apply to members of the court.
(4) The party calling a witness may not question the credit of the witness but, if during the "
examination-in-chief ”, the witness makes statements clearly contrary to the
first, that party may apply to the Tribunal for leave to contradict it by
submitting to "cross-examination".
Article 331 - (1) The examination of a witness by the party who called him is called "
examination-in-chief ”.
(2) The questioning of a witness by a party other than the one who called him is said to be "crossexamination ”.
(3) The questioning after the "cross-examination" of a witness by the party who called him, is
called "re-examination".
Article 332 - (1) Each witness first undergoes the examination-in-chief, then if the other
party so desires, the "cross-examination" and, finally, the "re-examination", if the party who did it
quote the request.
(2) During the "examination-in-chief", the witness is invited to say what he knows about the facts
of the cause.
(3) The "cross-examination" has two purposes:
a) weaken, modify or destroy the thesis of the opposing party;
b) elicit from the witness of the opposing party statements favorable to the thesis of the
party that carries out the "cross-examination".
(4) The "cross-examination" may not be limited to the facts related in the testimony of the
witness during the "examination-in-chief".
(5) No new fact should be mentioned during the “re-exarnination”.
Article 333 - When a witness does not speak one of the official languages ​understood
members of the court, or is deaf-mute or suffers from an infirmity which does not allow
not to make himself understood, the provisions of articles 183,354,355 and 357 are
applicable.
Article 334 - Any official who has denounced a crime or an offense, in accordance with
provisions of section 135 (5), is required to appear and testify, if summoned.
Article 335 - To be admitted, the testimony must be direct.
The testimony that emanates from:

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(a) of the person who saw the fact, if it is a fact that could be seen;
(b) from the person who heard it, if it was a fact that could be heard;
c) of the person who perceived it, if it is a fact which could be perceived by any other sense;
d) of its author, if it is an opinion.
However, in the event of murder, murder or fatal blows, the verbal or written statement
of the victim relating to his death is admitted as evidence.

Article 336 - Notwithstanding the provisions of Article 335, are admitted as means of
proof :
(a) a statement made in the course of legal proceedings by a person who cannot
be heard again because of death, too short a time to obtain his appearance,
the excessive cost of its displacement or the impossibility of finding it;
(b) statements taken during the preliminary investigation.
Article 337 - In criminal proceedings, no magistrate, officer or police officer
court is not required to disclose the source of its information.
However, testimony from an undisclosed source has no probative value.
Chapter IV
FROM THE PROCEDURE TO THE HEARING AND DEBATES
Section I
GENERAL PROVISIONS
Article 338 - (1)
a) The President opens the hearing and requests the Registrar to appeal the listed cases
to the role;
b) He notes for each case, the presence or absence of the parties and all the others
persons summoned;
c) He verifies the identity of each accused.
(2) Mention of these formalities is made in the plumitif of hearing and in the judgment by the
President.
Article 339 - The President and, where applicable, the other members of the collegiality
must not reveal their feelings or express their opinion during the debates.

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Article 340 - (1) Referral is compulsory when the accused or any other party is absent
and if it does not appear from the file that i! has been regularly cited.
(2) The same applies when the accused, regularly summoned to no one, does not appear,
but presents an excuse recognized as valid.
Article 341 - Referral is optional, either when the other persons summoned or cited
are absent, or at the request of one of the parties.
Article 342 - The President who orders the dismissal must state aloud the reason and the
date set for the next hearing.
Article 343 - The Tribunal cannot refer a case sine die on pain of prosecution
disciplinary proceedings against the magistrate, author of the dismissal.
Article 344 - (1) A referral made in the presence of the parties who have appeared is valid
notification of referral and date of next hearing.
(2) If the referral was made in the absence of a duly summoned party, the latter may
inquire about the new hearing date at the court registry.
Article 345 - If the hearing is suspended, the President must fix and indicate the time and
the date of the resumption.
Article 346 - The President may, with a view to establishing the truth, order the summons
of any person not party to the lawsuit or the production of any document or object.
Section II
OF THE APPEARANCE OF THE PREVENTED
Article 347 - The detained defendant is taken to the hearing by the police force.
He appears without handcuffs.
Article 348 - (1) An accused person summoned to appear is required to appear.
(2) The accused must also appear if it is established that he had knowledge of the summons
made in the forms provided for in sections 48 to 53.
Article 349 - When the accused summoned to no one does not appear and does not present
of apology recognized as valid by the Tribunal, the floor is only given to its counsel for
justify his absence and the judgment to be made is contradictory.
Article 350 - (1) Notwithstanding the provisions of article 349:
a) the accused cited for an offense punishable by a fine or a penalty
of imprisonment less than or equal to two years may, by letter, ask to be tried
in his absence; this letter is placed in the procedural file. If he has any advice, this
this is understood and, in both cases, the judgment is contradictory;

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b) if the Tribunal deems necessary the personal appearance of the accused, it orders it
by judgment avant-dire-droit and fixes a new date of hearing which is notified to the
warned at the behest of the Public Prosecutor's Office;
c) if the accused does not appear on this date, the judgment rendered is contradictory.
(2) The judgment is also contradictory when the accused has appeared at a hearing,
even if he no longer attends the removal hearings.
Article 351 - When the accused has not been summoned to anyone, he is tried by default if he does not
not appear.
However, if the Tribunal considers his personal appearance necessary, it will order it by
judgment and sets a new hearing date which is notified to him at the
diligence of the Public Prosecutor's Office.
Article 352 - The accused who appears may be assisted by counsel.
Article 353 - The civil party, the civilly liable and the insurer can be
represent. In this case, the judgment to be made is contradictory with regard to them.
Article 354 - (1) If the accused does not speak one of the official languages ​understood
members of the court or if it is necessary to translate a document used in the proceedings,
the President automatically appoints an interpreter who is at least twenty-one (21) years old and has him lend
an oath to faithfully interpret the words of people speaking different languages ​or
to faithfully translate the document in question.
(2) The parties may object to the interpreter. In this case, the court rules immediately and
its decision is not subject to any appeal.
Article 355 - (1) When an interpreter fails to give an interpretation that is truthful and worthy of
faith, any party may take it up and propose to the Tribunal the change of interpreter.
(2) The Tribunal may also, of its own motion, note that an interpretation is not true and
trustworthy and proceed, after consulting the parties, with a change of interpreter.
Article 356 - The court registrar, the parties or the witnesses cannot, even with the
consent of the accused, assume the role of interpreter.
Article 357 - If the accused is deaf and dumb and does not know how to write, the President automatically designates
as an interpreter, the person who can converse with him. The provisions of the articles
354 and 355 are applicable.
Article 358 - If the accused, deaf-mute or suffering from an infirmity which does not allow him to
make people understand knows how to write, the clerk takes note of any questions or observations
do. These are given to the accused who responds in writing. Reading at all is given by
the clerk.
Section III

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CONDUCT OF DEBATES
Article 359 - (1) From the opening of the debates, the President, after having carried out the formalities
provided for in Article 338, has the accused notified of the facts alleged against him and asks him
whether he pleads guilty or not guilty.
(2) An accused who pleads guilty may benefit, in the event of a conviction, from the provisions
Articles 90 and 91 of the Penal Code.
Article 360 ​- If the accused pleads guilty:
a) the Tribunal records its statement in the plumitif of the hearing;
b) the Public Prosecutor's Office sets out the facts of the case, establishes the criminal qualification and
sets out the applicable legal provisions;
c) the civil party takes the floor for his observations on the facts related by the
Public minister ;
d) the floor is given to the accused to make any statement he wishes;
e) the Tribunal rules on guilt.
Article 361 - (1) If the Tribunal accepts the choice of the accused who has pleaded guilty,
he gives the floor to the civil party or his counsel to formulate his claim for damages
and interest, then to the Public Prosecutor's Office to produce the criminal record and request the sentence
applicable and possibly on the demand for damages. The floor is then
given to the accused's counsel, if he has one, then to the accused for his last statement.
(2) After the requisitions of the Public Minister, the pleadings and the last declaration of the
warned, the Tribunal declares the proceedings closed and applies article 388.
Article 362 - (1) If the Tribunal considers that the facts as presented by the prosecution must
be otherwise qualified, he specifies the new qualification and notifies the accused.
(2)
a) If this qualification falls within his competence, he asks the accused if he pleads guilty
or not guilty and proceed, as the case may be, as indicated in article 361 or in article 365.
b) The Tribunal may, on its own initiative or at the request of a party, postpone the case to a date
later.
(3)
a) If the new qualification does not fall within its competence, the Tribunal declares itself
incompetent.
b) The provisions of article 394 are applicable.

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Article 363 - If during the proceedings, new facts are raised against the accused,
the President qualifies them and proceeds as indicated in Rule 362 (1), (2) and (3).
Article 364 - If the Tribunal does not accept the choice of the accused who has declared to plead
guilty, the trial is conducted in accordance with the provisions of Article 365.
Article 365 - (1) If the accused pleads not guilty, the court hears the witnesses of the
Public Ministry and civil party, under the conditions provided for in articles 328 and 330.
(2) At this stage, notwithstanding the provisions of article 361, the Public Prosecutor's Office does not
criminal record, nor information concerning the character of the accused.
(3) If the Court considers, after hearing the witnesses, the requisitions of the Public Prosecutor's Office and,
possibly, the observations of the civil party, that the facts do not constitute any
offense or that the evidence has not been reported, he releases the accused.
Article 366 - (1) If the Tribunal considers that sufficient evidence is gathered
so that the accused can present his defense, he offers him three options:
(a) make without oath any statement in his defense;
b) make no declaration;
(c) testify as a witness under oath.
(2) The President informs the accused that if he chooses not to say anything or to make a statement
without an oath, he will not be asked any questions and that, if he decides to testify under oath, the
Public Prosecution, the civil party and the Court may ask him questions.
(3) The President further informs the accused that statements made under oath are no longer
of probative value.
(4) The President asks the accused if he has any witnesses to be heard or other elements
of proof to present.
Article 367 - Failure to comply with the formalities provided for in article 366 is penalized by the
nullity of the procedure and of the subsequent judgment.
Article 368 - If the accused pleads not guilty on certain charges and guilty
on the others, the Tribunal must proceed as if it had pleaded not guilty on all
charges.
Article 369 - The accused who has pleaded not guilty may, at any time during the trial, change
notice and plead guilty, in which case the Tribunal will proceed in accordance with the provisions of
Articles 361 (1) and 362.
Article 370 - When the accused refuses to say whether he pleads guilty or not guilty, the
Tribunal takes note of this and proceeds as stated in article 365.

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Article 371 - (1) If the accused does not appear to enjoy all of his mental faculties, the Tribunal
orders, by a preliminary ruling, a medical expertise and refers the case to a
subsequent hearing for production of the report.
(2) If it appears from the expert's report that the accused is of sound mind, the procedure follows its
course in accordance with the provisions of Article 365.
(3) If the result is that the accused is not of sound mind, the Tribunal shall order his internment
in a nursing home and declares the public action suspended. The provisions of the articles
44 (2) of the Penal Code and 68 (3) b) of this Code are applicable.
Article 372 - No fixed number of witnesses is required to prove a fact.
Rule 373 - (1) After the testimony of a witness of a party, the President shall request the
opposing party if it intends to submit this witness to the "cross-examination" and subsequently the
party, if it so desires, submits it to the "re-examination".
(2) The President, or in the case of collegiality, any other member of the Tribunal may also, at the
end, ask the witness questions.
Article 374 - Where there are several defendants, the witness produced by one of them may be
subject to "cross-examination" by each of the other defendants and, in this case, this "
cross-examination ”takes place before that made by the civil party and the Public Prosecutor's Office.
Article 375 - When there are several defendants, each of them may proceed to the "crossexamination ”by the prosecution witness and the civil party. The "re-examination" of this
witness can only intervene after he has undergone all the “cross-examination”.
Rule 376 - The President presents exhibits to witnesses and other parties
and records, where appropriate, their observations.
Article 377 - (1) The Public Prosecutor's Office, the other parties and their counsel have the right to
carry out the "examination-in-chief" and the "re-examination", subject to the provisions
of article 379.
(2) They have the right to cross-examine witnesses from other parties.
(3) The parties may, with the authorization of the President and under the conditions defined in article
330 (4), carry out a “cross-examination” of their own witnesses.
Rule 378 - The witness may withdraw after his testimony, unless the President does
decides otherwise.
Rule 379 - (1) The President may exclude from the debate any question which:
a) is indecent, offensive, scandalous or insidious;
(b) relates to facts so old that their verification is impossible;
c) is of such a nature as to unnecessarily prolong the debates.

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(2) Mention of the question and of the President's decision shall be entered in the plumitif.
Rule 380 - (1) Is considered insidious, any question put to the witness of
so as to suggest the answer that the one asking it wants or hopes to obtain.
(2) If the opposing party objects to an insidious question asked during the "examinationin-chief ”or“ re-examination ”, it should only be answered with the permission of the
President.
(3) The President may allow insidious questions when they relate to facts not
disputed or already sufficiently established.
(4) Insidious questions may be asked during the “cross-examination”.
Article 381 - (1) The hearing notes are taken by the President in a register called
plumitif of hearing.
(2) The hearing notes taken in each case shall be signed by the President and by all
magistrates in the event of collegiality.
(3) They are presumed to conform to the discussions.
(4) In the event of an appeal, a copy of the hearing notes shall be placed in the procedural file.
Article 382 - (1) During the debates, the Public Prosecutor's Office takes all oral or
written in accordance with the provisions of Article 128 (3).
(2) The other parties to the trial may also present oral or written submissions.
(3) The court rules by a single decision, first on incidents and
exceptions and then on the merits.
(4) It rules by separate judgment on any public order exception.
Article 383 - (1)
(a) If the testimony of a witness appears to be false, the President may, either ex officio or on
requisitions of the Public Prosecutor's Office or at the request of a party, point out to him that he made a
false declaration and that he can retract it.
b) If the witness persists, the President may order him to remain in the room by placing him
possibly under the surveillance of the law enforcement force.
(2) In this case, the provisions of articles 164 of the Penal Code and 305 (2) of this Code
are applicable.
Article 384 - (1) If the proceedings cannot be concluded at the same hearing, the
President orders the dismissal and fixes the day and hour when they will be resumed.

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(2) Parties and unheard witnesses or those who have been invited to remain available
of the court must appear, without further summons, at the referral hearing.
Section IV
OF THE CONSTITUTION OF CIVIL PARTY
Article 385 - (1) Anyone who claims to have suffered harm as a result of an offense
can become a civil party at the hearing, by written conclusions or oral statements.
(2) The civil party specifies the amount of damages it is claiming.
(3) When the victim of an offense has not become a civil party, the President will
asks if she intends to do it.
(4) The declaration of constitution of civil party must, under penalty of inadmissibility, be made before
the closure of the debates.
(5) Mention of the constitution of civil party is made in the judgment.
(6) When the victim of an offense cited as a civil party does not appear for
quantify his claim for damages, the Court rules only on the action
public.
In this case, the interested party retains the right to bring his action before civil jurisdiction.
Article 386 - The withdrawal of the civil party from its action for damages before
the criminal court does not preclude an action before the civil court.
Chapter V
OF JUDGMENT
Section I
ON THE NATURE AND PRONOUNCE OF JUDGMENTS
Article 387 - (1) The judgment is, with regard to each of the parties, either contradictory or
by default.
(2) The judgment is always contradictory with regard to the Public Prosecutor's Office.
Article 388 - (1) The judgment is rendered, either immediately or within fifteen
(15) days after the closing of the debates. If the case is under advisement, the President
inform the parties of the date on which the judgment will be pronounced.
(2) He may, if he deems it useful, reopen the proceedings before the pronouncement of the decision.
(3) The operative part of the judgment as provided for in article 389 (5) and (6) is reproduced in the
plumitif.

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Section II
OF THE STRUCTURE OF THE JUDGMENT
Article 389 - (1) Every judgment consists of three parts: the qualities, the reasons and the
device.
(2) The part of the judgment called "qualities" indicates:
(a) the date of delivery of the judgment;
b) the name of the court;
c) the names and surnames of the members of the court;
d) the surname, first names and age of the interpreter;
e) mention of the taking of the Interpreter's Oath;
f) the surname, first names and age of the accused and, if applicable, the first and last names of his
advice ;
(g) the names and surnames of the other parties and, if applicable, of their counsel;
h) the names and surnames of witnesses.
(3) The part of the judgment called "reasons" sets out the reasons of fact and of law which serve
basis for judgment. It relates to public action and, where appropriate, to civil action.
In the reasons, the Tribunal must discuss each head of prevention and respond to the
conclusions before it.
(4) The part of the judgment called "device" indicates the nature of the judgment, the degree of
jurisdiction, conviction or not guilty.
In the event of guilt, the system sets out the offense retained, the legal provisions
applied, the sentence pronounced and, where applicable, the civil convictions.
In the event of not guilty, the provisions of articles 395 and 400 of this Code are
applicable.
In addition, the device settles the legal costs and mentions the warning provided for in article
399.
(5) In the event of collegiality, the judge having a dissenting opinion may formulate it in writing and
add to the procedural file.
(6) The President reads the judgment in open court.
(7) The formalities provided for in this article are prescribed on pain of nullity of the judgment.

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Section III
DECISIONS OF THE COURT OF FIRST INSTANCE
Article 390 - (1)
a) If the Tribunal considers it necessary to provide additional information, it shall order it
by judgment avant-dire-droit and appoints a magistrate or a judicial police officer to
expedite it.
b) The authority thus committed has the powers defined in Articles 191 to 195.
(2) This additional information obeys the rules enacted in Articles 167 to 176.
Article 391 - (1) When the Tribunal finds an accused guilty of a contravention or
of an offense, he condemns him to the penalty prescribed by law. It then decides, if necessary, on the action
civil.
He also pays the costs to the convicted person.
(2) If the Tribunal acquits some of the defendants, it must, by reasoned decision, determine the
amount of legal costs to be borne by those who have been convicted.
(3) The Court shall order the reimbursement of the sums deposited by the civil party.
Article 392 - (1) When the Tribunal is not yet in a position to assess the amount of
damages due to the civil party, he may, in the cases provided for by law, award him
an enforceable provision notwithstanding opposition or appeal.
(2) This provision bears, in the event of non-payment, interest at the legal rate in force from
of the date of judgment.
Article 393 - (1)
a) Pecuniary sentences, with the exception of damages, are enforceable
immediately by consignment to the registry of the amount concerned.
b) In the absence of immediate payment, the convicted person is forced to do so by body in application of the
provisions of articles 564 and following.
(2) When the decision in favor of the convicted person is overturned, the sums paid to him
are returned, totally or partially depending on the case.
Article 394 - (1) If the Tribunal considers that the charges against the accused constitute a
crime, he declares himself incompetent and orders the transmission of the procedural file to the
Public minister.
(2) The detained accused remains in detention until it is decided otherwise.
Article 395 - (1)

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a) When the facts do not constitute an offense, the Tribunal acquits the accused and adjourns
declares incompetent on the civil action.
b) The same applies when the proof of the facts has not been adduced or the established fact is not
not attributable to the accused.
(2) In case of doubt, the accused is released. The benefit of the doubt must be mentioned in the
judgment.
(3) Anyone who has been definitively acquitted or convicted cannot be tried again for
the same facts, even under a different qualification.
Article 396 - (1)
a) Any detained defendant who has been released or sentenced to imprisonment or
fine accompanied by the suspension, and without prejudice to the application of Article 393 with regard to
concerns costs, is immediately released, if not detained for any other reason.
b) The same applies in the event of a sentence of imprisonment equal to or
less than the length of pre-trial detention.
(2) In the event of a conviction for a fine without suspension, the provisions of
article 393 are applicable.
Article 397 - (1) When the Tribunal pronounces a custodial sentence, it shall award a
warrant of committal or arrest against the convicted person.
However, when the convicted person expresses the intention to appeal against the judgment and if the
sentence of imprisonment imposed does not exceed one year, the Tribunal may, at the request of the
condemned, leave him at liberty until the expiry of the appeal periods, if he presents one of the
guarantees provided for! ' section 246 (g).
(2) If, at the end of the appeal period, the convict released in accordance with the
provisions of paragraph 1 and does not fall under appeal, the President of the Tribunal awards against him
arrest warrant.
Article 398 - The discharged accused may bring an action for damages against the
civil party who, under the conditions of article 162, set the public action in motion.
Article 399 - After the judgment has been pronounced, the President informs the parties that they have the right to
right to appeal within the time limits provided for in Articles 434 et seq.
Article 400 - (1) The discharged defendant cannot be ordered to pay the costs.
(2) The costs are to be borne by the Public Treasury when the public action has been brought into
movement by the Public Prosecutor's Office.
(3) They are the responsibility of the civil party when they are friends in public action.

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(4) The Court may nevertheless, by reasoned decision, discharge the civil party in good faith
payment of all or part of these costs.
Article 401 - (1) The costs are settled in the judgment.
(2) In the event of difficulties in executing the order for costs, the Court which ruled
is referred to it by any interested party.
Article 402 - The Tribunal may, on its own initiative or at the request of any party, order the
return of exhibits or any other items seized.
Article 403 - (1) Anyone who is not a party to the trial, but who claims to have a
right to evidence or any other seized items, may claim their return
to the court.
(2) The Court shall rule on the request for restitution by separate judgment, free of charge, after
hearing from all interested parties.
(3) Restitution can only take place effectively after the expiry of the appeal period.
Article 404 - (1) Seized perishable goods are sold by public auction at the
diligence of the Public Prosecutor.
(2) The proceeds of the sale are placed under seal and deposited with the registry of the Court.
Article 405 - The judgment is typed or entered. The original is signed by the President
and, in the event of collegiality, by the other magistrates then, in all cases, by the clerk. It is
kept at the registry of the General Court.
Article 406 - The judgment is numbered. It is listed in a special register kept at
graft.
Title II
OF THE COURT OF GRANDE INSTANCE

Chapter i
OF THE JURISDICTION AND REFERRAL OF THE COURT OF GRANDE INSTANCE
Article 407 - (1) The Tribunal de Grande Instance is competent to hear crimes
and, where applicable, related offenses and contraventions.
(2) He has full jurisdiction to try the accused referred to him.
Article 408 - The rules of territorial jurisdiction of the Tribunal de Grande Instance are
those set out in article 294 of this Code.

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Article 409 - The Tribunal de Grande Instance is seized, either by judgment of the Chamber of
Control of the Investigation, either by order of dismissal of the Investigating Judge or by the
flagrante delicto procedure when a special law provides for it.
Chapter II
OF THE PROCEDURE BEFORE THE HEARING
Section I
GENERAL PROVISIONS
Article 410 - (1) The order for referral of the Examining Magistrate or the order for referral of the
Investigation Control Chamber is notified to the detained accused in the forms provided for in
section 39.
(2) This notification must be made to person.
(3) When the accused is at large, under judicial supervision or on the run, he
is carried out in accordance with the provisions of Article 57.
Article 411 - Upon notification of the order or judgment for removal, the detained accused shall be
transferred to the place where the Tribunal is sitting.
Article 412 - When the case is not judged at the seat of the Court of First Instance, the
the procedural file as well as the exhibits are transferred to the registry of the
jurisdiction of the place where the Tribunal de Grande Instance sits.
Article 413 - (1) When the accused chooses counsel or the President has appointed counsel
one ex officio, the latter may at any time take cognizance of the documents in the file.
(2) Any document placed in the file between the closure of the information and the closure of the debates must
be brought to the attention of counsel for the accused who may, if necessary, request a referral
of the cause.
(3) The decision rejecting a request for referral must be reasoned.
Article 414 - (1) The Public Prosecutor and the civil party must inform the accused, the
civilly liable and to the liability insurer, at least five (5) days before
the opening of the proceedings, the list of their witnesses.
(2) The accused, the civilly liable and the liability insurer must also make
to know to the Public Prosecutor and the civil party, within the same period, the list of their
witnesses.
(3) In the event of violation of the formalities prescribed in paragraphs (1) and (2), the witnesses cited shall not be
not heard. However, the Tribunal may, with the agreement of the parties and the Public Prosecutor,
proceed to their hearing. Mention of this agreement is made in the judgment.
Section II

Page 82

POWERS OF THE PRESIDENT
Article 415 - (1) At least ten (10) days before the hearing, the President has the accused removed
detained.
(2) He verifies his identity and ensures that he has received notice or service of the order
or the referral judgment.
(3) He shall inform him of the date of the hearing which is fixed in accordance with the provisions of Article
291 of this code.
Article 416 - If the accused is not present, the President issues a warrant against him to bring
and if it is not found, it is judged by default.
Article 417 - (1) The President shall ensure that the accused has appointed counsel for his defense.
(2) If the accused charged with a crime punishable by death or life has not
chooses a council, the President appoints one ex officio.
(3) The President may appoint a single counsel for several defendants if their interests do not
are not opposed.
Article 418 - (1) The accused not detained is, at least ten (10) days before the hearing,
summoned or quoted by the President.
(2) The President shall proceed as stated in Articles 415 (2) and (3) and 417.
Chapter III
FROM THE PROCEDURE TO THE HEARING AND JUDGMENT
Article 419 - The rules relating to the hearing police defined in articles 303 to 306 are
applicable before the Tribunal de Grande Instance.
Article 420 - The procedure before the Tribunal de Grande Instance is that followed before the
Court of First Instance as defined in Articles 307 to 389.
Section 421 - (1) Where, due to a crime, several removal orders have been
rendered against different accused, the Tribunal may, either ex officio or on requisitions of the
Public Prosecutor, by judgment before say-right, order the joinder of the proceedings.
(2) Joinder may also be ordered when several orders for referral have been
rendered against the same accused for different offenses.
Article 422 - The rules defined in articles 387 et seq. Are applicable to judgments
rendered by the Tribunal de Grande Instance.
Title III
DEFAULT JUDGMENTS

Page 83

Chapter i
GENERAL PROVISIONS
Article 423 - (1) Judgment is rendered by default in the cases referred to in Articles 351 and 416.
(2) The way of opposition is open against decisions rendered by default.
Article 424 - (1)
a) Any accused or accused tried by default in application of Articles 351 and 416 is presumed
plead not guilty. In this case, the procedure is that provided for! ' article 368.
b) he cannot be represented by a lawyer.
(2) The judgment pronounced by default shall be served in accordance with the provisions of Articles
56 and following of this Code.
Article 425 - (1) In no case may the default of an accused or an accused cause the
suspension of the proceedings or delay the trial of the defendants and defendants present.
(2) The Tribunal may, after judgment of the defendants or defendants present, order the restitution
exhibits in accordance with the provisions of Articles 402 and 403. This
restitution is made against discharge in a register provided for this purpose.
Article 426 - (1) In the event of conviction by default to a term of imprisonment not
with a suspended sentence or the death penalty, the Tribunal issues an arrest warrant against the
condemned.
(2) If before the prescription of the sentence, the convicted person appears or is brought before the
Public Prosecutor and declares to oppose, he draws up a report of his appearance and
have it brought without delay before the President of the competent court, who sets a date
hearing and have him taken to the remand center.
(3) The President also warns the convicted person that in the event of an escape, he will no longer be admissible at
oppose the execution of the decision to intervene.
(4) The procedure applicable in the event of opposition is that provided for in Articles 432 et seq.
BOOK IV
REMEDIES
Article 484 - (1) The Chief Registrar of the Court of Appeal prepares the procedural file,
which includes in particular the following documents:
- the declaration of appeal;
- the report referred to in article 483;

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- the submissions and briefs produced by the parties before the General Court and / or the Court
Appeal;
- the hearing notes of the Tribunal and / or the Court of Appeal;
- all the avant-dire-droit decisions rendered by the Court and / or the Court of Appeal;
- a dispatch of the contested judgment and a dispatch of the judgment of the Tribunal.
(2) The file is transmitted to the Chief Registrar of the Supreme Court.
Chapter i
CASES OF OPENING FOR TERMINATION
Article 485 - (1) The cases of opening to cassation are, in particular:
a) incompetence;
b) distortion of the facts of the case or of the documents of the proceedings;
c) the lack, contradiction or insufficiency of reasons;
d) non-response to the conclusions of the parties or to the requisitions of the Ministry
Public;
e) formal defect, in particular subject to the provisions of Article 470 (1),
when the contested decision has not been rendered by the number of judges prescribed by the
law or was by judges who did not sit at all the hearings;
f) when the floor has not been given to the Public Prosecutor's Office or the latter has not been
represented ;
g) when the rule relating to the publicity of the hearing, subject to exceptions
provided for by law, has not been observed;
h) excess of power;
i) violation of the law;
j) violation of a general principle of law;
k) failure to comply with the jurisprudence of the Supreme Court having ruled in Sections
Assembled in a Chamber or in Combined Chambers.
(2) The Supreme Court may automatically raise any appeal based on the cases
opening provided for in paragraph (1) above.
Article 486 - (1) Does not constitute a case of opening to cassation the error on the qualification
or on the statement of the text of the applicable law when the penalty incurred for the offense

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is the same as that provided for the offense actually committed, provided that these
offenses are of the same nature.
(2) Except in the case of absolute nullities provided for by law, the appellant is not
admissible to present as a means of cassation the irregularities committed by the Court,
if he has not raised them before the Court of Appeal.
Chapter II
PROCEDURE OF APPEALS
Article 487 - The Chief Registrar of the Supreme Court registers the procedural file as soon as
its receipt and communicates it to the President of the Supreme Court who, after having
reproduce in five (5) copies, forwards it to the competent formation.
Article 488 - (1) The Chief Registrar shall send a copy of the specified documents to
Article 482 to the applicant's counsel or to the Attorney General when the latter is the applicant
the appeal and notifies him at the same time, by bailiff's writ or by any other means
leaving a written record that he has, on pain of forfeiture, a period of thirty (30) days for the
filing of his ampliative brief at the registry.
(2) The time limit set in paragraph (1) may be, if necessary reduced by half by reasoned order
the President of the group seized.
Article 489 - (1) When the applicant has requested legal aid, the Chief Registrar
informs the Attorney General, prepares the file and submits it to the Commission
Legal Assistance instituted at the Supreme Court.
(2) Upon intervention of the decision granting legal aid to the applicant, the
President of the Supreme Court appoints a lawyer for him and the Chief Registrar
notifications provided for in Article 483.
(3) In case of rejection of the request for legal aid, the Chief Registrar shall notify by any
means leaving a written record or signifies it by bailiff's writ, to the applicant and invites him to him
make known, on pain of forfeiture, within fifteen (15) days, the name of his
lawyer.
This period runs from the day after the date of notification or service.
Article 490 - When the appellant, sentenced to life imprisonment or
death penalty, has not appointed a lawyer, the President of the Supreme Court appoints one
ex officio, upon receipt of the appeal file at the registry.
Article 491 - (1) Throughout the course of the proceedings before the Supreme Court, the
applicant is considered to have taken up residence in the office of his or her constituted lawyer or
designated ex officio.
(2) Where there is more than one lawyer, the notice or service given to one of them shall be
sufficient, unless it has indicated the one under whose review all notifications are to be
carried out.

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(3) When the applicant has requested legal aid, he is considered to have elected
domicile at the address indicated on his request for legal aid. In case this address
is imprecise, the notification referred to in article 483 is made to the town hall of the municipality where
the applicant resides or at his place of work or at the registry of the Court of Appeal where the appeal is
been trained.
Article 492 - The ampliative brief must, on pain of forfeiture, be filed with the registry in
the deadlines. Mention of this deposit is made in a special register, dated, signed by the
Chief Registrar and countersigned by the depositor, to whom a receipt is issued. Non-compliance
prescribed time limits constitute, in addition to professional misconduct, misconduct likely to result in
an action for damages against the defaulting lawyer.
Article 493 - The supplementary brief must, on pain of inadmissibility of the appeal, articulate and
develop the legal grounds invoked in support of the appeal. It must be established in as much
of copies than there are parts plus five (5).
Article 494 - (1) Upon receipt of the amplifying brief, the Chief Registrar shall ensure its
notification to the defendants by bailiff's writ or by any other means leaving a written record.
(2) The defendant shall, within the period of thirty (30) days from this notification, hardly
of forfeiture, address personally or through his lawyer, to the Chief Registrar of the Court
Supreme, a brief in response in as many copies as there are applicants plus five
(5).
Article 495 - (1) Upon receipt of the response brief, the Chief Registrar shall ensure that it is
notification to the applicant by bailiff's writ or by any other means leaving a written record.
(2) The applicant may, if he considers it useful, within fifteen (15) days from this
notification or service, send a memorandum in reply by his lawyer to the Registrar in
Head of the Supreme Court. The defendant on appeal, who receives notice or service of
this reply, also has a period of fifteen (15) days to respond, if he considers it useful.
Article 496 - The file is deemed to be in working order when, at the expiration of the fifteen (15) day period,
the defendant has not filed a response brief or that, fifteen (15) days after the
notification made to him, the applicant has not replied.
Article 497 - When the file is ready, the Chief Registrar transmits it to the President of the
training for appointment of a rapporteur.
Article 498 - (1) The rapporteur proposes a precise solution to the dispute. He can automatically
raise appeals.
(2) The rapporteur shall restore the file to the registry within a maximum period of thirty (30) days without
attach his report to it.
(3) The rapporteur shall send, in a confidential envelope, his report drawn up in six (6) copies, to the
President of the Supreme Court. The latter communicates one (1) copy, under cover
confidential, to the Attorney General and the other copies to the President of the training
concerned.

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Article 499 - The file restored to the registry is transmitted without delay to the Attorney General.
Article 500 - (1) The Public Prosecutor may ex officio raise grounds of cassation.
(2) The Attorney General proposes, in his conclusions, a precise solution to the dispute.
(3) The Attorney General shall send, within thirty (30) days only confidential letter, his
conclusions to the President of the Supreme Court who communicates them to the President of the
training concerned. He re-establishes the file at the registry.
Article 501 - As soon as the Attorney General returns the file to the Chief Registrar, the latter
submits it to the President of the panel for setting the hearing date.
The date is notified to the Attorney General and the members of the panel by the Registrar in
Chief, who also calls the parties to their elected domicile and displays the hearing roll,
Article 502 - The President of the formation may, at any time, by ordinance taken at the
request from the Public Prosecutor or the appellant, halve the time limits
in Articles 488 (1), 949, 495 (2) and 496.
The decision to reduce the time limits is notified to the parties by the Chief Registrar.
Chapter III
EFFECTS OF APPEAL
Article 503 - (1) An appeal in cassation has no suspensive effect, in particular in that:
a) the warrant issued or confirmed by the Court of Appeal continues to have effect;
b) judicial surveillance measures ordered or confirmed by the Court of Appeal
continue to produce their effects;
c) in the event of acquittal or conviction by the Court of Appeal, either to a penalty
imprisonment with a suspended sentence, either a fine, or when there is
sentencing to imprisonment for a period of less than or equal to the
duration of pre-trial detention, the applicant for an appeal detained is immediately
released, subject to the provisions of article 393.
(2) However, the appellant may submit a request to the Supreme Court for
suspension of surveillance measures or termination of the warrant
Article 504 - Notwithstanding the provisions of article 503, when the Supreme Court is seized
of an appeal against a preliminary ruling as provided for in Article 473 and in the event of a conflict of
jurisdiction or conflicting decisions as provided for in Articles 601 and 602, the appeal has
a suspensive effect.
Article 505 - (1) The legislative provisions in force on the suspension of execution of
civil convictions are applicable before the Supreme Court.

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(2) The President of the Supreme Court or the President of the formation that he delegates to this, decides
alone on requests for suspension of execution of civil sentences referred to in paragraph (1),
after requisitions from the Attorney General.
Chapter IV
OF THE PROCEDURE BEFORE THE SUPREME COURT
Section I
FROM THE PROCEDURE TO THE HEARING
Article 506 - The provisions of Articles 302 to 305, 446 et seq. Relating to advertising,
the police and the conduct of the hearing are applicable before the Supreme Court.
Article 507 - (1) Before the date fixed for the hearing, the members of the Court called to
sit receive the documents provided for in Articles 482, 484, 493 and 495.
(2) At the hearing, the lawyer of the appellant is heard first, followed by that of the
defendant and finally, the Attorney General, if he is not the plaintiff.
Article 508 - (1) At the hearing, the rapporteur reads his report, the councils of
parties and the Attorney General develop their arguments in support of their briefs and
conclusions.
(2) Reference may only be granted if the Court considers it appropriate.
(3) However:
a) when the solutions proposed by the Attorney General and the rapporteur are
divergent, the matter is put under advisement;
(b) any member of the Court who, before the hearing, has not had communication of the report,
or contrary conclusions of the Attorney General, may request to take
knowledge before deciding. In this case, the case is remitted to a hearing.
later.
Article 509 - When an appeal does not set out any means and there are none to raise
ex officio, the Court decides on its rejection.
Article 510 - When the grounds of appeal raised, either by the parties or ex officio, are
founded, the Judicial Chamber of the Supreme Court overturns and annuls the judgment under appeal.
In this case, it evokes and rules.
Section II
SUPREME COURT JUDGMENTS

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Article 511 - (1) The Supreme Court, before ruling on the merits, must ensure that the appeal has
been regularly trained.
(2) If it considers that certain prescribed formalities have not been fulfilled, it shall issue a judgment
of inadmissibility.
(3) If the appeal is unfounded, the Court shall issue a judgment dismissing it.
Article 512 - (1) The decision of the Court is taken by majority.
(2) The provisions of Article 389 (5) are applicable.
Article 513 - The judgment is delivered, either on the head office, or after deliberation on a fixed day, in the
two weeks at the latest.
Article 514 - (1) The President of the Supreme Court may, when a matter appears to him
complex, order that it be tried by Sections Reunited.
(2) The Criminal Section of the Judicial Chamber of the Court sitting with three members may, at the
majority, order the referral of the case to the Meetings Sections.
Article 515 - When, seized of an appeal on the admissibility of an appeal, the Supreme Court
declares it admissible, it annuls the contested decision and returns the case as well as the
parties before the same jurisdiction, otherwise composed, to be ruled on the merits.
The same applies when the Supreme Court rules on the appeal against a pre-trial judgment.
law.
Article 516 - (1) The Supreme Court cannot rule on the request for the release of a
condemned only if the following conditions are met:
a) the convicted person appealed in cassation against the judgment rendered on the merits by the Court
Appeal;
(b) the appeal is admissible.
(2) Counsel for the convicted person is required to submit a reasoned request.
Article 517 - The judgment of the Supreme Court ordering the release may be accompanied by
any measure of judicial supervision. He is executed on the spot.
Article 518 - (1) The applicant is forfeited his appeal in the following cases:
a) failure to appoint a lawyer
b) non-filing of the amplifying brief by the lawyer;
c) late production of the supplementary brief by the lawyer.
(2) Forfeiture is pronounced by order of the President of the Supreme Court.

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(3) The Chief Registrar shall notify the parties or their counsel of the revocation order
intervened, by registered letter or by any other means leaving a written record.
Article 519 - Revocation orders may be withdrawn upon a reasoned request from the
applicant for the appeal or his counsel after requisitions of the Attorney General.
This request must, under penalty of inadmissibility, be made within thirty (30) days of
from the day after the day of notification of the revocation order.
Article 520 - The revocation of the revocation order is of right when it
results from the production defect or late production of the ampliative memory by the
Attorney General at a Court of Appeal.
Article 521 - (1) When forfeiture results from defect in production or production
late of the amplifying report by the officially appointed lawyer, the President of the Supreme Court
may, after requisitions from the Public Prosecutor, either appoint another lawyer ex officio, or
admit the extended brief filed late.
(2) The costs of the revocation order as well as the costs of the revocation order are
charged to the defaulting lawyer.
Article 522 - (1) With the exception of the Public Prosecutor's Office, any party to the trial may withdraw from
his appeal. In this case, the file is immediately sent to the President of the formation for
enrollment at the next hearing.
(2) When the civil party or the civilly liable withdraws their appeal, the Court
Supreme issues a judgment acknowledging its withdrawal.
(3) The costs of the withdrawal are the responsibility of the party who withdraws.
Article 523 - (1) The insurer's withdrawal is only admissible if it is unconditional. He
has no effect on public action.
(2) The judgment appealed from is considered never to have been contested.
Article 524 - (1) The withdrawal of the convicted person takes effect from the day of the
declaration of appeal.
(2) When the withdrawal of the convicted person appears to him to be regular, the Supreme Court gives him notice.
and orders him to pay the costs.
(3) The provisions of article 526 are applicable notwithstanding the withdrawal of the convicted person.
of his appeal.
Article 525 - In the event of the emergence of a softer criminal law during the proceedings in
cassation, the Supreme Court applies it.
Article 526 - (1) The decision of inadmissibility, forfeiture, to give notice, to withdraw
or rejection orders the applicant to pay the costs, subject to the provisions of Article 521

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(2). However, the applicant may be released from all or part of the costs, by decision
motivated.
(2) In case of inadmissibility or rejection of the appeal of the Public Prosecutor's Office, the costs shall be paid
charge of the Public Treasury.
Article 527 - (1) The annulment of a decision by the Supreme Court may be partial or
total.
(2) In the event of total cancellation, the cause and the parties are returned to the same and similar state
where they were before the annulled decision intervened. In this case, the Supreme Court
evokes and rules on the whole.
(3) In the event of partial cancellation, the Supreme Court rules exclusively on the canceled points.
Article 528 - A copy of the annulment judgment shall be sent by the Registrar in
Head of the Supreme Court to the Public Prosecutor's Office and to the competent Chief Registrar, for mention
on the registers of the registry of the court from which the annulled decision emanated.
Article 529 - The judgments of the Supreme Court contain:
a) the composition of the Court;
b) the surname, first names and capacity of the representative of the Public Prosecutor's Office;
(c) the name, forenames, position and address of the parties and of their counsel;
d) summary statement of facts and procedure;
e) analysis of the means produced or raised automatically;
f) reasons and a device;
g) the signature of the magistrates who rendered the decision and of the court clerk.
Article 530 - The Chief Registrar of the Supreme Court addresses the President and the Prosecutor
General to the Court of Appeal whose decision was appealed against, a copy of the judgment
intervened, for transcription on the registers of the registry and those of the Public Prosecutor's Office.
Article 531 - (1) In case of rejection or cassation, the Chief Registrar of the Supreme Court
returns to the Chief Registrar of the court whose decision has been appealed against, on
procedural file to which is attached a copy of the judgment of the Supreme Court.
(2) He sends a similar copy to the Public Prosecutor's Office of the same jurisdiction.
(3) He also notifies the parties of the decision reached, by registered letter with acknowledgment
reception.
Article 532 - The decisions of the Supreme Court are, at the behest of the Chief Registrar,
notified without delay to the Attorney General at the said Court.

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Chapter V
APPEAL FOR THE INTEREST OF THE LAW
Article 533 - (1) Any judicial act vitiated by violation of the law and which has not been the subject of
of any recourse in the legal forms and deadlines, may be referred to the Supreme Court by the
Attorney General to the said Court:
a) in the sole interest of the law, on the initiative of that magistrate; in this case, this appeal
has no effect on the parties;
b) by order of the Minister responsible for Justice; in this case, the cassation decision
intervention has effect with respect to all parties.
(2) The appeals referred to in this article are not subject to any time limit.
Article 534 - (1) When the Supreme Court is seized of one of the appeals referred to in Article 533,
it sets out the applicable legal provisions and, in the event of cassation, rules depending on the case,
is :
(a) by proceeding by entrenchment;
b) by imposing ex officio on the convicted the minimum sentence prescribed by law;
c) by pronouncing ex officio against the convicted person, the accessory penalty or the
security that should have been applied.
(2) When the Supreme Court pronounces ex officio against the convicted the minimum sentence
deprivation of liberty provided for by law, it issues an arrest warrant against him.
(3) The decision annulled following the appeal of the Attorney General to the Supreme Court,
formed in the interest of the law, continues to produce its effects with regard to the parties.
The judgment of cassation is transcribed in the register of the registry of the court which has it.
rendered.
Title I
REVIEW OF THE CRIMINAL TRIAL
Chapter i
OF THE REVISION REQUEST
Article 535 - (1) Review of the criminal trial may be requested for the benefit of any person
condemned for felony or misdemeanor.
a) when, after a conviction for homicide, new documents produced are
nature to prove that the alleged victim is still alive;

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b) when, after a conviction, it is established that the convicted person was innocent, even if he is
responsible for the miscarriage of justice;
c) when a person other than the convicted person has admitted, in the presence of reliable witnesses, to be
the perpetrator of the offense or crime, and confirmed his confession before a judicial police officer;
d) when, after a conviction, new documents or new facts of a nature
establish the innocence of the convict are discovered.
(2) The appeal for review is only admissible against a conviction decision
become irrevocable.
Article 536 - The intervention of a new law does not constitute a cause of revision.
Article 537 - (1) The right to request the review belongs to:
a) the Ministry responsible for Justice;
b) to the convicted person or, in the event of incapacity, to his legal representative;
c) to any person having an interest in acting for this purpose, in the event of death or absence
legally established, of a convicted person.
(2) No time limit is required for the lodging of an application for review.
Article 538 - The request for review, accompanied by a copy of the contested decision and
from all useful documents, is addressed to the Attorney General at the Supreme Court who puts the
case ready and seized the Court.
Chapter II
OF THE PROCEEDING FOR REVIEW
Article 539 - The Judicial Chamber of the Supreme Court sits in Meetings Sections for
examination of requests for review.
Article 540 - When the request is not admissible, the Court renders a judgment of inadmissibility.
Article 541 - (1) When the request is admissible and the case ready, the Court:
(a) issue a judgment of dismissal, if it considers it to be unfounded;
b) annul the contested decision and acquit or acquit the convicted person, if it judges the
well-founded request.
(2) When the request is admissible and the case is not ready for decision, the Court, by judgment before
say-right, order all useful investigative measures. In this case, the execution of the
conviction is postponed or suspended.

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Article 542 - (1) In the event of inadmissibility or rejection of the request for review, any
applicant, except in the case of the Minister in charge of Justice, is ordered to pay the costs of the
procedure.
(2) When the Court acquits or acquits the plaintiff or when the proceedings have been instituted
by the Minister in charge of Justice, the costs are charged to the Public Treasury.
Article 543 - (1) At the request of the applicant, the decision to release or acquit is:
a) posted in all town halls of its choice;
b) published in extracts, in the newspapers of legal notices indicated in the judgment by
the Supreme Court.
(2) If the request for publicity is subsequent to the decision to release or acquit, it is
granted by order of the President of the Supreme Court.
(3) Advertising costs are the responsibility of the Public Treasury.
Article 544 - (1) The decision to release or acquit may serve as a basis for a request
compensation brought before the Commission provided for in article 237 above.
(2) If the victim of the miscarriage of justice is deceased, the right to claim damagesinterest belongs to his heirs.
BOOK V
EXECUTION OF DECISIONS
Title I
GENERAL PROVISIONS
Article 545 - (1) The Presidents of the Courts and Tribunals must ensure the execution of the
decisions and orders of their courts.
(2) Judicial orders and decisions of arrest, detention or release are
immediately enforceable, at the behest of the public prosecutor's office, which forwards them directly to the
authorities responsible for their execution.
(3) The Public Prosecutor's Office and the parties pursue, each as far as it is concerned, the execution
decisions that have become irrevocable.
Article 546 - There is established at the registry and the public prosecutor's office of each jurisdiction, a
execution of judicial decisions.
Article 547 - Subject to the provisions of articles 545 (2) above and 22 of the Code
Criminal, a decision is enforceable when it is no longer subject to opposition or appeal,
nor any appeal in cassation, the whole, except contrary provision of the law.

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Article 548 - In the event of a material error not affecting the substance of a decision, but
simply obstructing its execution, the court authorizing this decision is seized for the purposes of
rectification.
Article 549 - (1) Where a party considers that a provision of a decision is unclear or
ambiguous, it may, by request addressed to the President of that court, request
the interpretation of this provision.
(2) The court proceeds with the interpretation by referring only to the reasons for the decision.
(3) The power of interpretation does not allow the decision to be changed.
Article 550 - Requests for rectification or interpretation provided for in articles 548 and
549 cannot be brought against decisions appealed against.
Title II
OF INCARCERATION
Article 551 - Anyone detained under a judicial warrant is imprisoned in
a prison.
Article 552 - The execution of transfer requisitions or extraction warrants is
provided either by the police or the gendarmerie, or by the prison administration.
Article 553 - (1) The accused, the accused and the accused provisionally detained are
incarcerated
(2) The personal effects of detainees are left at their disposal, unless otherwise decided,
either by the prison authority, for the sake of order, safety or cleanliness, or
judicial authority in the interest of judicial information.
Article 554 - The regime of imprisonment automatically replaces that of
pre-trial detention as soon as the sentencing decision becomes irrevocable.
Article 555 - (1) Those sentenced to a custodial sentence are distributed among
different categories of prisons.
(2) The conditions for the execution of custodial sentences are defined by a text
particular. They must take into account the nature of the offense, the quantum of the penalty, the
sex, age, state of mental or physical health and conduct of the convicted person,
so as to reconcile the need for the latter's social reintegration and the imperatives of
disciplined.
Title III
PECUNIARY SENTENCES
Chapter i

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EXECUTION OF PECUNIARY SENTENCES
Article 556 - (1) Fines and court costs are paid to the Chief Registrar of the
jurisdiction which rendered the decision.
(2)
a) Before payment, the Chief Registrar delivers to the convicted person, free of charge, a copy of the
decision containing the statement of fines and legal proceedings provided for in article 558 (2) a).
b) After payment:
i) the convicted person is issued with a receipt taken from a logbook and, when the
decision has become irrevocable, a free copy of said receipt;
ii) the Chief Registrar transmits to the Public Prosecutor's Office a copy of the receipt of said payment
and when the decision becomes irrevocable, an extract thereof;
(3) Civil interests are recovered at the behest of the interested party from the
day after the day on which the decision becomes irrevocable.
Chapter II
BODY CONSTRAINT
Article 557 - Coercion by body is a measure which aims to oblige the convicted person to
execute pecuniary sentences or carry out restitutions ordered by a
repressive jurisdiction.
It is applicable without prior notice, at the behest of the Public Prosecutor's Office, in the event of
non-execution of pecuniary sentences or non-restitution of property.
It consists of imprisonment during which the debtor is required to work.
Article 558 - (1) When the bodily restraint concerns a person already imprisoned or
detained, it is executed on expiry of the prison sentence, unless this
no one provides a bond guaranteeing the payment of financial penalties
within two (2) months of engagement.
(2)
a) The decision fixes the count of pecuniary sentences pronounced for the benefit of the State
or the civil party, as well as the duration of the bodily constraint relating thereto, in accordance with
to the provisions of article 564 above.
b) In the event of pecuniary convictions for the benefit of the State, a warrant of imprisonment is
immediately established when the decision is pronounced and sent for execution to the Ministry
Public.

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c) In the event of a conviction in favor of the civil party, and when the decision has become
final, a warrant of imprisonment is established at the request of this civil party, if he has not
still been disinterested.
Article 559 - Any convicted person not detained against whom a warrant of committal has been
awarded for non-execution of pecuniary sentences may either prevent it or
stop the effects by discharging said sentences.
Article 560 - (1) After execution of the committal warrant, the convicted person may request the
suspension of its effects, by producing a deposit guaranteeing the payment of
financial penalties within two (2) months of the signing of the commitment by the
bail.
(2) If, during his arrest, the convicted person offers a bond, the judicial police officer
responsible for the execution of the mandate hears the said surety on the report.
(3) A copy of the arrest file is sent to the President of the court that awarded the
warrant of imprisonment and to the Public Ministry.
Article 561 - (1)
a) The President of the Court of First Instance of the place of execution rules on the offer by
order and in the Council Chamber after the hearing of the convicted person and the proposed surety.
b) This order is not subject to appeal.
(2)
a) If accepted, the President explains to the surety the consequences of his
commitment and invites him to sign an act by which he undertakes, at the expiration of the time limit set at
article 560, either to be coerced by body instead of the convicted person, or to pay the
amount fixed by the decision.
b) After reading and signing the act of engagement by the surety, the President orders the
immediate release of the debtor.
c) If the surety cannot read, the provisions of article 185 (1) b) shall apply.
d) Notification of the order is made without delay to the prison manager and a copy is
sent to the President of the court that issued the warrant of imprisonment and to the
Public minister.
(3) When a bond is not accepted, the convicted person may propose new ones and
as many times as he wants.
(4) Incarceration following the non-compliance with his obligations by the surety shall not
can cease before term only after full payment of the sums due.
Article 562 - In the event of partial payment, the duration of the constraint by body depends on the
amount of sums still due.

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Article 563 - (1) The duration of the pre-trial detention suffered by the accused or the accused
sentenced only to a fine is deducted from the duration of the constraint by body.
This deduction is made by the President when signing the warrant of imprisonment.
(2) The provisions of paragraph 1 of this article only apply to fines and costs
of justice.
Article 564 - (1) In matters of fine and legal costs, the duration of the constraint by body
is trusted as follows:
a) twenty (20) days, for sums not exceeding 10,000 francs;
b) forty (40) days, for amounts exceeding 10,000 francs and not exceeding
20,000 francs;
c) three (3) months, for amounts exceeding 20,000 francs and not exceeding
40,000 francs;
d) six (6) months, for amounts exceeding 40,000 francs and not exceeding
100,000 francs;
e) nine (9) months, for amounts exceeding 100,000 francs and not exceeding
200,000 francs;
f) twelve (12) months, for amounts exceeding 200,000 francs and not exceeding
400,000 francs;
g) eighteen (18) months, for amounts exceeding 400,000 francs and not exceeding
1,000,000 francs;
h) two (2) years, for amounts exceeding 1,000,000 francs and not exceeding
5,000,000 francs;
i) five (5) years, for amounts exceeding 5,000,000 francs.
(2) With regard to damages, the periods are those provided for in paragraph (1), reduced by
half.
Article 565 - Coercion by body may not be exercised against persons aged
under six-eight (18) years or over sixty (60) years at the time of execution, nor against
pregnant women.
Article 566 - Coercion by body cannot be exercised simultaneously against the husband and the
woman, even for the recovery of sums relating to different convictions.
Article 567 - At the expiration of the limitation period, no warrant
imprisonment can no longer be awarded for the purpose of recovering fines and costs of
justice.

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Section 568 - (1) No warrant of committal for the purpose of recovery of damagesinterest or restitution cannot be awarded after the expiry of the period of ten (10) years from
the day after the decision becomes irrevocable.
(2) Execution of a warrant of committal issued before the expiry of the ten (10) year period
is continued until the debt is statute-barred.
Article 569 - Constraint by body may not be pronounced against:
a) civilly liable;
b) the liability insurer.
Chapter III
EFFECTS OF CONSTRAINT BY BODY
Article 570 - Persons detained under duress are subject to the
same regime as common law convicts.
Article 571 - (1)
a) a) The convicted person who has been subjected to bodily restraint is not released, nor from fines and costs of
justice, nor damages and restitution for which the bodily restraint was
exercised.
b) b) The Public Prosecutor's Office or the civil party may at any time proceed with the seizure
movable and immovable property of the convicted person, up to the amount of the debt,
in accordance with the rules on seizures.
(2) The limitation period for the action provided for in paragraph (1) b) above is thirty (30) years. He
runs from the day after the day the bodily restraint ends.
Article 572 - When constraint by body has ended, it can no longer be exercised for the
same claim.
Title IV
OF THE JUDICIAL RECORD
Chapter i
CRIMINAL RECORDS
Article 573 - (1) A criminal record is established:
a) at the registry of each Court of First Instance;
b) to the Ministry in charge of justice

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(2) The criminal record established at the registry of the Court of First Instance is called a file.
district and concerns people born within the jurisdiction of the said Tribunal.
(3) The criminal record established at the Ministry responsible for Justice is called the central file. He
centralizes in particular:
a) the criminal records of persons of Cameroonian nationality or
foreign born foreigners
b) criminal records of persons of foreign nationality born in
Cameroon, whose birth has not been declared in Cameroonian civil status and who
resident in Cameroon;
c) criminal records of persons of Cameroonian nationality whose
place of birth is unknown or whose identity is in doubt.
Article 574 - When a Cameroonian criminal court has pronounced a sentence
or a security measure, the Chief Registrar of this jurisdiction transcribes the provisions of the
decision on a file called "criminal record sheet", drawn up in five (5) copies.
Two (2) copies of this form are sent to the registry of the Court of First Instance
the place of birth of the convicted person for filing in his record.
Two (2) copies are sent to the central box for the purposes of nominal classification and
fingerprint, in alphabetical order.
The fifth copy is filed in the procedural file.
Article 575 - (1) Copies of the form sent to the district file and to the
central file include, if applicable, a reference to the exercise of legal remedies.
(2) When a remedy has been exercised after the dissemination of these
copies, the Chief Registrar of the court which ruled sends a copy of the deed of
use of the various files for the mention referred to in the previous paragraph.
Article 576 - The criminal record of each person contains as many files as there are
convictions or security measures pronounced separately against him by a
Cameroonian or foreign repressive jurisdiction.
Article 577 - The criminal record sheet includes:
a) Identity information, photograph, fingerprints and
morphological and anthropometric reports;
b) convictions and security measures pronounced by criminal courts
national or foreign;
c) convictions for contraventions;

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d) special measures pronounced in application of articles 46, 48 and 49 of the Code
Criminal;
e) search notices;
f) judgments declaring bankruptcy or judicial liquidation;
g) decisions of pardon;
h) rehabilitation decisions.
Article 578 - (1) Are removed from the criminal record records relating to convictions or
security measures annulled by a decision of discharge or acquittal which has become irrevocable.
(2) It is the same with convictions:
(a) canceled following a review procedure;
b) erased by amnesty or rehabilitation.
(3) Records withdrawn from the criminal record pursuant to paragraphs (1) and (2) are classified
in the archives of the criminal record. No information can be taken from it without authorization.
written by the Public Ministry.
Article 579 - (1) In case of modification of the sentence or the security measure to the
following an appeal, mention is made on the corresponding form of the criminal record.
(2) Where the amendment leaves only an ancillary penalty or a measure of
safety, a new form is drawn up mentioning this penalty or this measure, the initial form
being withdrawn and filed in the archives of the criminal record.
(3) When, following the amnesty or rehabilitation, an accessory penalty or a measure
security remains, the initial file is withdrawn and filed in the archives of the criminal record.
Article 580 - (1) Information taken from the files, called "extract from the criminal record",
are issued, at their request, to administrative and judicial authorities or to the person
concerned, in the form of a criminal record bulletin.
(2)
a) The bulletin issued by the Chief Registrar of the Court of First Instance is signed on
District Attorney ;
b) The bulletin issued by the central criminal records service is signed by the Minister responsible for
Justice or its representative.
Chapter II
CRIMINAL RECORD BULLETINS

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Article 581 - (1) There are three types of criminal record bulletins namely, bulletin no.
1, bulletin n ° 2 and bulletin n ° 3:
a) Bulletin n ° 1 is a complete statement of the criminal records concerning a
given person. It contains all convictions, security measures and orders
expulsion ordered against that person;
b) bulletin n ° 2 contains the same information as bulletin n ° 1, with the exception of
decisions erased by amnesty and rehabilitation;
c) bulletin n ° 3 is issued only to the holder of the criminal record. He only mentions
sentences involving deprivation of liberty not erased by amnesty or
rehabilitation. It also mentions all convictions relating to traffic
road.
Bulletins 1 and 2 are issued to administrative and judicial authorities on their
request.
(2) When the criminal record is clean or the convictions and security measures
entered on the forms have not become irrevocable, the ballot issued bears the mention "
nothing,
Article 582 - (1) Anyone who wishes to have an entry corrected on his record
court, send in duplicate a request to the President of the court which issued
decision.
(2) The Public Prosecutor's Office has the right to act ex officio, in the same form, to rectify the
criminal record.
(3) The President decides in the Council Chamber after hearing the applicant, the Minister
Public and any other person whose testimony appears useful.
(4) If the request is rejected, the applicant is ordered to pay the costs.
(5) If the request is accepted, the costs are borne by the Public Treasury.
(6) Mention of the decision ordering the rectification is entered on the record sheet
judicial.
Article 583 - The provisions of article 582 are applicable in the event of a dispute over the
legal rehabilitation or the application of an amnesty law.
Book VI
SPECIAL PROCEDURES
Article 584 - (1) The President of the Tribunal de Grande Instance of the place of arrest or
detention of a person, or any other magistrate of the seat of the said Tribunal designated by him, is
competent to hear requests for immediate release, based on the illegality of a
arrest or detention or failure to observe formalities prescribed by law.

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(2) n is also competent to hear appeals against custody measures
at administrative view.
(3) The request shall be made either by the person arrested or detained or on behalf of the latter by
any other person. She is not crazy
Article 585 - (1) The eh habeas corpus request is accompanied by a declaration under
oath which states:
(a) the identity of the applicant and, where applicable, that of the person arrested or detained;
b) indication of the place of arrest or detention;
c) a concise statement of the facts constituting the alleged illegality.
(2) The request is filed in four (4) copies at the registry of the Tribunal de Grande
Instance.
(3) The President seized shall, by letter of convocation, to the authority which detains this person, to
bring her before him at the appointed day and time, with the title of arrest or detention.
He shall send a copy of the request and a copy of this letter of invitation to the
Public Ministry for his requisitions.

(4) If the arrest or detention appears illegal, the President shall rule and order the release
of the detained person.
(5) If the detained person does not appear, the President assesses the reasons and
rule as it is said in paragraph (4), on the basis of the documents produced.
Article 586 - (1) The President may render preliminary rulings. They are not
subject to no recourse.
(2) The decision on the merits of the habeas corpus petition is subject to appeal.
However, this decision is enforceable immediately upon its pronouncement, notwithstanding an appeal.
(3)
a) The appeal period is five (5) days from the day after the date of the order.
(b) The appeal shall be brought in the forms prescribed in article 274.
Article 587 - (1) In the event of an appeal, the file shall be sent to the President of the Court of Appeal in
the five (5) days following the declaration of appeal.
(2) The President of the Court of Appeal or any other judge appointed by him, decides
within the period of ten (10) days provided for in article 275 (2) above.
Article 588 - The habeas corpus procedure is also applicable to measures of
deprivation of liberty taken against any person having benefited from a decision of

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acquittal or acquittal pronounced by a criminal court of common law or
exceptional.
Title I
HEARING OF MEMBERS OF GOVERNMENT AND REPRESENTATIVES
DIPLOMATIC MISSIONS
Article 589 - Members of the Government and members of diplomatic missions
may be called as a witness in justice. They can be heard in camera, on their
request or on requisition of the Public Prosecutor's Office. Their deposition is, except legal provisions
contrary, received in the forms prescribed by this Code.
Article 590 - (1) The deposition of a diplomatic agent obeys the principles laid down in the
international conventions ratified by the Republic of Cameroon.
(2) The letter inviting the diplomatic agent to testify is addressed to him under cover of
Minister in charge of External Relations.
(3) When the diplomatic agent agrees to testify, but cannot appear before the
magistrate, a questionnaire is sent to him by this magistrate under cover of the Minister in charge of
of External Relations.
(4) The response of the diplomatic agent who takes the oath in writing, is returned in a sealed envelope.
to the magistrate under the cover of the Minister in charge of External Relations. This one transmits it
without knowing it.
Title II
DISCUSSION
Article 591 - Any judge may be challenged for one of the following reasons:
a) if he or his spouse is a parent, guardian or ally of one of the parties until
degree of uncle, nephew, first cousin and first cousin inclusive;
b) if he or his spouse is an employer, employee of one of the parties, heir
presumptive, donee, creditor, debtor or a person who usually eats at
the same table as one of the parties, administrator of any establishment or
company party to the case;
(c) if he has already known of the proceedings or if he has been an arbitrator, counsel or witness;
d) if he or his spouse has a case to be tried by one of the parties;
e) if there has been between himself or his spouse and one of the parties, any manifestation
friendship or hostility that may cast doubt on his impartiality.

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Article 592 - Any magistrate of the bench who knows that there is in his person a cause of
challenge as provided for in article 591 above or who considers that he has good reasons to
refrain from hearing a case, must inform his hierarchical superior.
In this case, the procedure is as provided for in Articles 593 to 598 below.
Article 593 - A magistrate of the Public Prosecution cannot be challenged.
Article 594 - (1) The request for disqualification is in writing and sent in two (2) copies:
a) to the President of the Court of Appeal when it refers to a judge of the Court other than the
President or a magistrate of a relevant court;
b) to the President of the Supreme Court when it refers to the President of a Court of Appeal
or a member of the Supreme Court other than the President.
(2) A copy of the request is also sent, by the applicant, to the magistrate concerned.
(3) The request must, under penalty of inadmissibility, name the magistrate or magistrates concerned.
and contain the statement of the means invoked as well as any useful justifications.
Article 595 - (1) The President of the Supreme Court or the President of the Court of Appeal according to
the case, rule by ordinance free of charge after explanations of the magistrate concerned and
requisitions of the Public Prosecutor's Office.
(2) The order of the President of the Court of Appeal ruling on a challenge request
is not subject to any appeal.
Article 596 - (1) When the request for disqualification is directed against the President of the Supreme Court,
it is deposited with the registry of the said Court.
(2) It is ruled on by the combined chambers of the Supreme Court sitting in the Chamber of
Advice, without the participation of the President, by reasoned judgment which is notified to the parties and to the
Public minister.
Article 597 - No one may challenge more than a third of the members of the Supreme Court.
Article 598 - As soon as the magistrate has received a copy of the challenge request in accordance with
in accordance with the provisions of Article 594 paragraph (2), he is obliged to stay the proceedings until
decision.
Article 599 - (1) When the challenge is admitted, the challenged magistrate can no longer hear
of the case.
(2) In case of rejection of the request for disqualification, the applicant may, without prejudice to the
damages, if any, be sentenced to a civil fine of 100,000 to 500,000
frank.
(3) In all cases, the decision is notified to the applicant and to the magistrate concerned.

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Title III
OF THE RULES OF JUDGES
Article 600 - (1) When two Investigating Judges within the jurisdiction of the same Court of Appeal,
seized of the same offense, declare themselves competent or incompetent, the conflict thus created is
decided by the Court of Appeal.
(2) When two Courts of First or Grand Instance within the jurisdiction of the same Court
Appeal, seized of the same offense, declare themselves competent or incompetent, the conflict
thus created is decided by the Court of Appeal.
Article 601 - When two Investigating Judges or two Courts of First or Second
Grande Instance belonging to two different jurisdictions of the Court of Appeal, seized of the same
offense, declare themselves competent or incompetent, the conflict thus created is settled by the
Supreme Court.
Article 602 - (1) The Supreme Court hears the conflict resulting from two decisions that have become
irrevocable, rendered respectively by an ordinary court and a court
exception and which hinder the normal course of justice.
The same applies to decisions that have become irrevocable, rendered by two courts.
ordinary or exceptional.
(2) In all cases, the Supreme Court is seized by reasoned request of the Public Ministry or
from any interested party.
Article 603 - The decision on the regulation of judges is notified to the Public Prosecutor and to the
parties, at the behest of the Chief Registrar of the court which ruled. She is not
subject to appeal.
Title IV
REFERRAL FROM ONE JURISDICTION TO ANOTHER
Article 604 - (1) The Supreme Court may, on grounds of legitimate suspicion or for the
necessities of public order, or relinquish jurisdiction of a case and return the case
before another court of the same rank, or appoint judges belonging to other
jurisdictions or other jurisdictions, to compose the one seized.
(2) The request for referral may be presented by the Public Prosecutor's Office or by any other
part. However, only the Public Prosecutor's Office can evoke the necessities of public order.
(3) The request has no suspensive effect. However, the President of the Supreme Court may
order by order the President of the court seised to suspend, as is, the examination
of the procedure.
Article 605 - Any decision ruling on a request for referral is notified to the court
concerned and to the parties, at the behest of the Chief Registrar of the Supreme Court.

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Title V
LUMP SUM FINES
Chapter i
GENERAL PROVISIONS
Article 606 - (1) The fixed fine is a financial penalty applicable to
fines and the amount of which is fixed in advance by law.
(2) There is no fixed fine if:
(a) the contravention caused bodily injury or property damage;
(b) the contravention is related to a misdemeanor or felony;
(c) the contravention relates to the management or operation of a drinking establishment;
d) a legal provision requires the enforcement officer to take action
administrative, including impoundment or withdrawal of driving license or
from any other room;
e) the offender is clearly intoxicated in a public place.
Article 607 - (1) Judicial police officers are entitled to collect the 31 Ilendes
lump sums.
(2) Judicial police officers and public officials vested with police powers
judicial authorities can only collect said fines if they are duly authorized to do so.
(3) The authorization provided for in paragraph (2) is general or special to a category of
tickets.
Article 608 - Enforcement officers authorized to collect fixed fines
act under the control of the Public Prosecutor's Office to which they send their reports
in accordance with the provisions of Article 89 (2),
Article 609 - Enforcement officers authorized to collect fixed fines must
take an oath before the Court of First Instance in whose jurisdiction they will exercise
their functions.
Article 610 - Before instrumenting, the issuing agent must first prove his
quality to the offender by producing either his professional card or any other act
of empowerment.
Article 611 - (1) Any enforcement officer authorized to collect fixed fines must
be provided with a special logbook, side and initialed by the competent Public Prosecutor's Office.

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(2) The levying of a flat-rate fine gives rise to the establishment of a report and
the issuance, on the spot, of a receipt for the logbook.
(3) Any enforcement officer who collects a flat-rate fine without issuing a compliant receipt
to the provisions of paragraphs (1) and (2) above, is liable to the penalties provided for in Article 142
of the Penal Code.
Article 612 - The rate of the fixed fine is fixed, according to the class of the offense to:
a) 1,000 francs for the first class;
b) 2,400 francs for the second class;
c) 3,600 francs for the third class;
d) 25,000 francs for the fourth class.
Article 613 - Payment of the fixed fine is optional and the enforcement officer must
inform the offender.
Mention is made in the minutes.
Article 614 - (1)
a) Any vexatious or intimidating measure towards the offender who refuses to pay is
liable to the penalties provided for in article 140 of the Penal Code.
b) In particular constitute a vexatious or intimidating measure the illegal seizure of a property
belonging to the offender, the impoundment of a vehicle for refusal to pay
immediately the contravention or arbitrary injunction to report to the officer's office
verbalizer.
(2) When the contravention is noted in the absence of its author, a copy shall be sent to him
of the report and possibly an invitation to pay the fixed fine due, at the office
of the enforcement officer.
Article 615 - The report noting a contravention is drawn up in accordance with the
provisions of article 90 above.
It also mentions the amount of the fixed fine, its payment or, on the contrary, its non-payment.
payment and, in the event of payment, the number of the receipt issued.
Article 616 - (1) The sums collected by way of fixed fines are paid without
delay to the Public Treasury.
(2) Copy of the payment statement, signed by the Treasurer or any other authorized person responsible for
Treasury departments and the agent, is addressed by the latter to the Public Prosecutor
competent.
Chapter II

Page 109

INVALIDATION OF THE FLAT FINE
Article 617 - When the Public Prosecutor finds that a fixed fine is
illegal under the provisions of Articles 611 and 612, he proceeds as described in
Articles 619 and 620.
Article 618 - When the provisions of Article 614 (1) have been disregarded, the invalidation
of the fixed fine can only intervene at the request of the offender.
Article 619 - When the amount of the fixed fine collected by the enforcement officer is
higher or lower than the legal rate, the Public Prosecutor restores the situation by
order. Notification of this order is made to the offender.
Article 620 - (1) When the readjustment results in an increase in the fixed fine and
that the offender refuses to pay the difference, the Public Prosecutor proceeds
as stated in section 623 (2).
(2) Any reduction of a fixed fine constitutes a fourth violation.
class.
Chapter III
PAYMENT OF THE LUMP SUM FINE
Article 621 - The payment of a fixed fine extinguishes public action, subject to the
provisions of Articles 617 to 620.
Article 622 - (1) When there is no need to pay a fixed fine or when
the amount paid is greater than the legal rate, the Public Treasury and required, as the case may be, to
reimburse the amount of the fine or the overpayment.
(2) Reimbursement takes place on presentation, either of an extract from the judgment or of a
Order of the Public Prosecutor, issued free of charge.
Title VI
JUDGMENT OF CONTRAVENTIONS
Article 623 - (1) In the cases provided for in Articles 606 (2) and 620 or in the event of non-payment
of the fixed fine, the Public Prosecutor may, upon receipt of the report,
put public action in motion.
(2) The Court of First Instance seized shall rule in accordance with the provisions of article
362 of the Penal Code.
Title VII
INFRINGEMENTS COMMITTED AT THE HEARING

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Article 624 - Infractions committed at the hearing are judged in accordance with the
provisions below:
a) if the offense committed is a contravention, the Tribunal immediately determines
report of the facts, hear the offenders, witnesses and the Public Prosecutor,
then statue;
b) if the offense committed is a misdemeanor, the Tribunal shall proceed as provided for in the
paragraph a) above;
c) if the offense is a crime, the President orders the arrest of the perpetrator, proceeds
at his hearing, draw up a report of his statements and have him brought before the
Public prosecutor who proceeds in accordance with the law.
Title VIII
OF THE REBUILDING OF THE PARTS
Article 625 - When the original of a decision is lost, it is reconstituted in accordance with
the provisions of Articles 626 to 628.
Article 626 - (1)
a) If there is a certified copy of the lost or destroyed decision, it becomes
the original.
b) By order of the President of the court which rendered the decision, its holder is bound
to file this copy with the registry.
(2) From the original thus reconstituted, the registrar delivers, free of charge, a copy to the holder
dispossessed.
Article 627 - If there is no certified copy of the lost or destroyed decision,
the original is reconstituted from the hearing registers by the court which issued it.
Article 628 - When a part of a procedure or the whole of a procedure has disappeared, there is
takes place at the behest of the President of the court which rendered the decision,
either of any party.
Title IX
OF THE PRIVILEGE OF JURISDICTION
Article 629 - (1) When a magistrate of the judicial order is liable to be charged with a
offense, the competent Public Prosecutor submits a request to the President of the Court
Supreme who designates a magistrate responsible for investigating the case and three others, from one rank to
less equal to that of the respondent, with a view to the possible judgment of the case in first
spring.
(2) The President of the Supreme Court also indicates the city where the case will be tried.

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Article 630 - The provisions of article 629 are also applicable when the party
injured party submits a complaint with the constitution of civil party against a magistrate, to the President of
the Supreme Court.
Article 631 - The appointed magistrate must personally carry out the judicial information.
Its competence is national.
Article 632 - In the event of an appeal, the case is examined by magistrates of the Supreme Court
appointed by the President of the said Court. n is ruled by collegiality.
Article 633 - When the magistrate in question is the oldest in the highest grade
high, his case is examined by the Supreme Court sitting in Joint Chambers.
Article 634 - (1) When a Provincial Governor has committed a felony or misdemeanor in
the exercise and even outside the exercise of his functions, the Attorney General at the Court
Competent Appeal Board sends a report to the President of the Supreme Court who appoints a
competent court, in accordance with paragraphs (2) and (3) of this article.
(2) When a Prefect or any other head of an administrative district or an officer of
judicial police has committed a crime or an offense in the exercise and even outside the exercise of
his functions, the Public Prosecutor transmits the file to the General Prosecutor for
seize the President of the competent Court of Appeal. This appoints the public prosecutor's office in charge of
initiate proceedings and the competent court to hear them.
(3) In the cases provided for in paragraphs (1) and (2), the prosecution, investigation and judgment must
be entrusted to jurisdictions of the judicial order other than those of the province,
department, district, or district as the case may be, where the respondent exercises his
functions.
Title X
OF EXTRADITION
Chapter i
GENERAL PROVISIONS
Article 635 - Extradition is the act by which a State surrenders an alien found on his
territory to another State, at the request of that State for the purposes of prosecution for one or
several common law offenses or for the execution of a custodial sentence
pronounced against this foreigner by a criminal court of the requesting State because of a
or several common law offenses.
Article 636 - Anyone who, on national territory, has been an accomplice to a crime or to a
offense committed abroad, can be prosecuted and tried in Cameroon according to foreign law and
Cameroonian law, provided that the existence of the main fact has been established by a decision
final judgment of a competent foreign court.
Article 637 - Anyone who has surrendered
accomplice, abroad, of a crime or an offense committed in Cameroon.

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Article 638 - Is vitiated by absolute nullity, any action brought in application of the
Articles 636 and 637 if:
a) public action is set in motion other than by the Public Prosecutor who,
with regard to the acts qualified as crimes by Cameroonian law, can only act if he
receives a prior complaint from the injured party or an official denunciation
emanating from the competent authority of the place of commission of the principal act;
b) the accused can prove that he was finally tried for the same acts abroad and,
in the event of a conviction, which he has, in accordance with the laws of the State where he was sentenced,
executed his sentence, or that it is prescribed, or that he has benefited from a
thanks;
c) public action is prescribed or extinguished by amnesty or by any other cause in the
with regard to the law of the State where the acts were committed, or would be prescribed or extinguished at
under Cameroonian law, if the acts had been committed in Cameroon.
Article 639 - Proceedings may be brought before the Tribunal, either from the place of
domicile, either from the place where he was arrested, or finally from the place of his last known residence in
Cameroon.
However, the Supreme Court may, upon requisition of the Attorney General at said Court,
order the referral of the case to another court, in the interest of good
administration of justice.
Article 640 - Is deemed to have been committed in Cameroon:
a) any offense of which an act characterizing one of the constituent elements has been
accomplished in Cameroon;
b) any infringement of counterfeiting or alteration of the seal of the Republic or of
currencies having legal tender in the national territory;
c) any breach of State security. However, this paragraph does not apply to
a foreigner only if he is arrested in Cameroon or if the Government obtains his
extradition.
Chapter II
EXTRADITION REQUESTED BY A FOREIGN GOVERNMENT
Article 641 - (1) The President of the Republic may, by decree, order extradition,
Foreign governments which so request, of any foreigner found in the territory
national, subject to criminal prosecution or a sentence involving deprivation of liberty
in the requesting state.
(2) He may also, in the same forms, authorize the communication to the authorities
foreign documents, exhibits or documents held by the Cameroonian authorities, on
request submitted through diplomatic channels and under conditions, in the event of communication in
originals, their return as soon as possible.

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(3) The status of foreigner is assessed, if necessary, at the time of the commission of the facts.
(4) A request to appear before a foreign court cannot be granted,
as a witness, of an individual detained, even under duress by body, only under
the express condition of his return to Cameroon as soon as possible, all at the expense
of the requesting State.
Section I
CONDITIONS OF EXTRADITION
Article 642 - (1) The fact serving as the basis for the extradition request must be:
a) under the law of the requesting State and Cameroonian law, i.e. an offense
punishable by deprivation of liberty, the minimum of which is at least equal to two (2)
years and whose continuation is not made impossible by prescription, amnesty or
any other legal cause, i.e. a custodial sentence still legally
capable of execution, of at least six (6) months, not taking into account the constraint by
body ;
b) under Cameroonian law, a common law offense;
c) such that it does not appear from the circumstances and the facts that extradition is requested
for political, religious, racial reasons, or because of the nationality of the
person implicated;
(2)
a) Are considered as common law offenses capable of justifying extradition,
crimes and misdemeanors not directed against a form of government.
b) Are assimilated to common law offenses, offenses of universal jurisdiction
provided for by international conventions ratified by Cameroon.
Article 643 - (1)
a) Are considered as political offenses and cannot justify extradition, the crimes
or offenses directed against the Constitution, the sovereignty of a State or the Public Powers.
b) The assessment of the facts or of the political, religious or racial character of a motive, or of the
nationality motive, as far as the application is concerned, belongs to the government
required.
c) When the offense is deemed to be political, religious or racial in itself or deemed to be
nationality, it is up to the foreign State, author of the extradition request, to
report evidence to the contrary.
(2) The following cannot also be used as a basis for extradition:

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a) the offenses alleged against a foreigner, committed outside the territory of the State
requesting and sanctioned in Cameroon, if the legislation of the State where the acts were
committed does not consider them an offense;
b) offenses connected with political, religious, racial or related offenses
nationality;
c) offenses granted amnesty in one of the States concerned;
d) error in the identity of the person claimed.
Article 644 - Unless otherwise provided by law, no Cameroonian citizen may be
extradited.
Article 645 - Extradition is not applicable:
(a) temporary transfers of detainees for the purpose of hearing or confrontation;
b) to simple quotations which may, in application of a convention
international, defer certain persons detained in Cameroon;
c) surrender operations not connected with the repression of an infringement or with
the execution of a sentence or a security measure pronounced by a court
foreign repressive;
d) when the requested State has serious reason to believe that the person whose
extradition is requested will be subject, in the requesting State, to torture and other
cruel, inhuman or degrading treatment or punishment.
Section II
OF THE EXTRADITION PROCEDURE
Article 646 - A foreigner in the process of prosecuting or executing a sentence in Cameroon shall not
can be extradited to appear before the Courts of the requesting State only after
the intervention of a decision on the merits or the execution of custodial sentences.
Article 647 - The provisions of Article 646 are applicable to foreigners imprisoned in
execution of a constraint by body.
Article 648 - If extradition is requested concurrently by several States for a
same offense, it is given in preference to the State against whose interests the offense
was directed or to the one in whose territory it was committed.
Article 649 - Extradition is refused when:
a) the offenses for which it is requested were committed
Cameroon;

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b) the prescription of the offense or the penalty is acquired according to the legislation
Cameroonian or that of the requesting State at the time of receipt of the request
extradition;
c) the offenses concerned have already been finally judged by the courts
repressive Cameroonians.
Article 650 - (1) Subject to international conventions, any request for extradition
is formed through diplomatic channels. To this request are attached, as the case may be:
a) a dispatch of the judgment or the judgment of conviction even not
contradictory;
b) a procedural document ordering or operating as of right the referral of the accused to
a criminal investigation or trial court;
c) an arrest warrant or any document in lieu thereof, drawn up by the foreign authority
competent. This warrant must specify the offense for which it was issued and the date
of the offense.
(2) The judgment or judgment of conviction, the procedural act referred to in paragraph (1) b) above,
the arrest warrant or the document in lieu thereof are produced in the original or in dispatch
authentic.
(3) The requesting State shall at the same time attach a copy of the text applicable to the incriminated facts and
a statement of the said facts.
(4) In the event of a judgment or judgment of default, in addition to the documents referred to in this article,
the requesting State must provide proof that the person whose extradition is requested has had
knowledge of the course of the trial and that they have sufficient legal resources
to organize his defense.
Article 651 - The extradition request file is, after verification of the documents by the
Minister in charge of Exteriors, transmitted to the Minister in charge of Justice who, after
assured of the regularity of the procedure, seizes for execution, the public prosecutor's office of the residence of
abroad.
Article 652 - In case of emergency and by derogation from the provisions of articles 641 and 642 hereabove, the prosecution is empowered to order the arrest, at the direct request of the authorities
foreign judicial authorities and on simple notice leaving a written record of the existence of one of the
indicated in article 641.
The request from the foreign authorities must be regularized as soon as possible,
in accordance with the provisions of article 641 above.
Article 653 - (1) Within twenty-four (24) hours of the arrest, a magistrate of the Public Prosecutor's Office
Court of First Instance proceeds, if necessary with the help of an interpreter, to a
identity questioning, notifies the foreigner of the document under which he is arrested, collects his
declarations after having warned him that he is free not to make any and advised of his right to
to be assisted by a defender.

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(2) At all, a report is drawn up signed by the magistrate, the foreigner and, where applicable, the
the interpreter. In case of refusal to sign by the foreigner or if he does not know how to sign, mention is made
said report which, where applicable, is also signed by the interpreter.
Article 654 - The alien is transferred as soon as possible to the remand center at the headquarters of
the Court of Appeal in whose jurisdiction he was arrested.
Article 655 - The Attorney General may, at any time, proceed or have proceeded by a
magistrate of his General Prosecutor's Office, in the forms indicated in article 653 above, to a
new questioning of the foreigner, his counsel, if he has one, duly summoned.
Article 656 - Upon receipt of the file referred to in Article 651 above, the Attorney General,
after ensuring that the formalities provided for in Articles 653 and 654 have been completed
above, forwards it, together with its requisitions, to the President of the Court of Appeal, who proceeds to
the enrollment of the case and have it notified to the foreigner and, where applicable, to his
advice.
Article 657 - (1) The Court examines the extradition request in the Council Chamber, in
presence of the public prosecutor, of the foreigner, assisted, if necessary, by a counsel and a
interpreter. It checks whether the documents referred to in article 650 above have been properly
produced and assesses all evidence adduced in the proceedings.
(2) During the investigation, the Court may admit as valid evidence the depositions and
documents obtained under oath from the competent authorities of the requesting State, as well as all
warrants, certificates, authentic instruments or their copies mentioning the conviction.
Article 658 - During the examination of the extradition case, the Court may, the Prosecutor
General heard, admit the foreigner to the benefit of provisional release, if he presents one of the
guarantees provided for in Article 246 (g).
Article 659 - (1) If the foreigner renounces the benefit of Cameroonian legislation on
extradition and formally consents to be surrendered to the authorities of the requesting State, the Court will
acknowledges its declaration.
(2) The decision of the Court, given in the form of an opinion in the Council Chamber, is
transmitted without delay by the Public Prosecutor to the Minister in charge of Justice who proposes to the
sanction of the President of the Republic, a draft decree ordering extradition.
(3) The decree referred to in paragraph (2) above is notified without delay to the foreigner and to the requesting State.
It is not subject to any appeal.
Article 660 - The Court rules on the extradition request in the Council Chamber by opinion
motivated. Only the Attorney General has the capacity to challenge this opinion before the Supreme Court.
Article 661 - (1) In the event of an unfavorable opinion of the Court, either because the evidence
products are considered insufficient, either because the legal conditions are not met, or
finally, because there is an error Concerning the person whose extradition is requested, the Court orders
immediate release if not detained for any other reason.

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(2) The decision of the Court is transmitted without delay by the Attorney General to the Minister
responsible for Justice who proposes for the sanction of the President of the Republic, a draft
decree refusing extradition.
Article 662 - When the extradition request is rejected, the foreigner may no longer make
the object of a subsequent extradition to the same country and pocr the same facts.
Article 663 - In the event of a favorable opinion, the decision of the Court is transmitted to the Prosecutor
General. It is ~: ~ () assigned as indicated in article 659 (2) and (3).
Article 664 - In all the cases provided for in articles 661 and 662, the file is transmitted by the
Prosecutor General to the Minister in charge of Justice as soon as possible, to be
returned to the requesting State.
Article 665 - The Court has jurisdiction to authorize the transmission to the requesting State of any
or part of the securities, values ​or objects seized from the foreigner, even if the extradition request
is inadmissible, rejected, or can no longer be accepted for any reason whatsoever.
It orders the return of securities, values ​or seized objects that do not relate to the facts
charged abroad and, where applicable, rule without recourse on claims by third parties to their
subject.
Article 666 - The alien is definitively released and extradition cannot be
requested against him by the same State and for the same facts, if within the period of three (3)
months following the notification of the extradition decree to the requesting State, its effective surrender is not
not requested by this one.
Disputes concerning the application of this article are submitted to the Court of Appeal
competent who decides, within eight (8) days, the Public Ministry heard. His decision is
subject to appeal to the Supreme Court. Only the foreign public prosecutor eLI
interested parties can appeal. The provisions of Articles 657 et seq. Are
applicable.
Section III
EFFECTS OF EXTRADITION
Article 667 - (1) The decree granting the extradition specifies that the extradited person cannot, except
subsequent special consent of the Cameroonian Government, to be prosecuted or punished in the
requesting country for an offense prior to surrender, other than the one for which
extradition.
(2) The restriction provided for in paragraph (1) is not applicable to a foreigner who has had for thirty
(30) days from its final release, the possibility of leaving the territory of
the requesting state.
Article 668 - (1) In the event that the requesting Government requests authorization to
prosecute the person already delivered, for an offense prior to extradition, the opinion of the
Court before which she had appeared is compulsory; it can be formulated on simple
production of the documents transmitted in support of the new request.

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(2) Are also transmitted by the foreign Government and submitted to the Court, the documents
containing the observations of the extradited person or the statement that he does not hear
present none; the foreigner can also submit a thesis and possibly be
assist with a council of his choice.
Article 669 - (1) When extradition has been granted, its annulment may be pronounced
by the Court in whose jurisdiction the extradited person is detained in the event of a violation of one of the
conditions provided for in Articles 643 and 644. The request for nullity made by the extradited person in
application of this paragraph is admissible until the expiry of the sentence.
(2) The courts having jurisdiction to hear requests for annulment of extradition
are also empowered to qualify the facts which gave rise to the extradition request.
Article 670 - In the event that extradition is annulled, the extradited person, if not requested by the
Government requested, is released and cannot be prosecuted or punished, whether they are
facts for which he was extradited or previous acts, only if he is arrested in the territory
Cameroonian after the expiration of a period of thirty (30) days following the date on which he
was legally possible to leave the national territory.
Article 671 - (1) Transit through Cameroonian territory, including boats and aircraft
Cameroonian, of a person of any nationality extradited by a third State to another
Third State, can be authorized by the Minister in charge of External Relations, on simple
request sent through diplomatic channels, accompanied by documents justifying that it is neither a
political, religious, racial or nationality offense, nor a purely
military.
(2) This transit is carried out at the expense of the requesting State under the care, if necessary, of agents
Cameroonian.
Article 672 - The costs of proceedings, detention and transfer of the extradited person are
advanced by the Cameroonian Public Treasury and reimbursed by the requesting State.
PART II
Chapter i
OF THE EXTRADITION REQUESTED BY THE CAMEROON GOVERNMENT
Article 673 - In addition to those contained in this chapter, the provisions of articles
637 to 640 are applicable to the extradition requested by the Cameroonian Government.
Article 674 - Extradition requested by the Cameroonian Government is subject to the
following procedure:
a) the Public Prosecutor transmits to the General Prosecutor at the Court of Appeal
a file comprising, as the case may be:
- a dispatch of the judgment or the judgment of conviction;

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- an arrest warrant from the Investigating Judge or the Investigation Control Chamber
or the trial court;
- a dismissal order from the Examining Magistrate or the dismissal order from the Trial Chamber
Control of the investigation, in the case of an accused;
- if applicable, a copy of the legal provisions relating to complicity, attempt,
the accumulation of offenses and prescription;
- an extract from bulletin n ° 2 of the criminal record.
b) the Public Prosecutor transmits the file to the Minister in charge of Justice, together with
a report setting out the facts justifying the extradition request and the date of the
commission of said facts;
c) subject to international conventions, the Minister responsible for Justice
transmits the file thus constituted to the Minister in charge of External Relations, who
forwards it through the diplomatic channel to the requested Government.
Article 675 - A foreigner, subject to a first extradition for the benefit of Cameroon, cannot
be subject to extradition by Cameroon for the benefit of a third State, without the consent
of the first state. However, the consent of that first State is only required if the facts at the
basis of the extradition request presented by the third State were committed before
extradition granted to Cameroon.
The consent referred to in this article is not necessary if the extradited person has had
thirty (30) days following his release, the possibility of leaving the territory
Cameroonian.
Title I
REHABILITATION
Article 676 - (1) Rehabilitation is a measure which, unless otherwise provided by law,
erases the conviction for felony or misdemeanor and puts an end to any accessory penalty and to any
security measure with the exception of internment in a nursing home and the closure of
establishment.
(2) When a person has been the subject of several convictions, the rehabilitation must include
on all convictions.
Article 677 - Rehabilitation is acquired, either as of right or by court decision.
Article 678 - Rehabilitation may be requested in court by the convicted person.
In the event of the death of the convicted person, the request may be followed up and even introduced by his
spouse, ascendants or descendants.
The Public Prosecutor's Office can, in the event of the death of the applicant, follow up a request for rehabilitation.
already formulated.

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Article 679 - (1) Rehabilitation can only be requested after a period of five (5) years
in the event of a felony conviction and three (3) years in the event of a misdemeanor conviction. These
time limits run from the day after the day of release in the event of a sentence
deprivation of liberty or the day after the day of payment of the fine;
(2) The time limits provided for in this article are doubled if the convicted person is in a state of recidivism.
Article 680 - (1) Full rehabilitation is granted to the convicted person who has not been
no new conviction imprisonment for felony or misdemeanor within the
after:
- five (5) years for a fine;
- ten (10) years for a single prison sentence less than or equal to six (6)
months;
- fifteen (15) years for a single prison sentence less than or equal to two
(2 years ;
- twenty (20) years for a single prison sentence less than or equal to five (5)
years.
(2 The time limit is fifteen (15) years if all of the convictions are greater than one (1) year
but less than two (2) years.
(3) Convictions pronounced with confusion are considered to be a
single conviction.
(4) In matters of fine, the time limits run from the day of its payment or from the prescription
acquired. They run for the custodial sentences, from the day of the expiration of the
penalty suffered taking into account, if applicable, ex gratia or the day of prescription
acquired.
(5) The total or partial remission of a sentence is equivalent to its partial or total execution.
Article 681 - Any rehabilitated person who has been the subject of a new conviction shall not be
admissible to request his rehabilitation only at the expiration of a period of fifteen (15) years.
Article 682 - (1) To be rehabilitated, the convicted person must provide proof of payment of the costs of
justice. He must also justify the payment of damages or the remission of such damages.
this. Failing that, he must establish that he was subjected to bodily coercion under the sentence.
civil.
(2) The convicted person for fraudulent bankruptcy must prove the payment of the liabilities of the
bankruptcy in capital, interest and costs or the remission made to him.
(3) If the civil party cannot be found, the sums due to him shall be paid to his
representative or, failing that, paid into the deposit and consignment account.

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(4) If the convicted person claims that the civil party refused to receive the sums due to him
due, he must provide proof of the refusal and pay the said sums to the deposit account and
consignments.
(5) The four-year prescription is not applicable in this matter.
Article 683 - The Court of Appeal of the place of residence of the convicted person is competent in matters
rehabilitation.
Article 684 - (1) The convicted person sends the request for rehabilitation to the Public Prosecutor
Republic of the place of his residence indicating where he has resided since his release.
(2) The following are annexed to the rehabilitation request:
- a copy of the conviction decision;
- an extract from the criminal record;
- all other useful documents justifying the payment of fines, legal costs
and damages.
Article 685 - For the investigation of the request for rehabilitation, the Public Prosecutor
Republic is issued:
- a dispatch of the judgment of conviction;
- an extract from the register of punishments of the prison where the sentence was carried out, stating
the conduct of the convicted person;
- an extract from bulletin n ° 1 of the convicted person's criminal record.
He transmits the file, together with his opinion, to the Attorney General at the Court of Appeal.
Article 686 - The Public Prosecutor seizes the Court of Appeal of the rehabilitation file. The
Court rules in public hearing within two (2) months of its referral, the Attorney General,
the condemned person and / or his counsel duly heard.
Article 687 - In case of rejection of the request, a new request cannot be introduced
before the expiration of a period of three (3) years, unless the rejection of the first has been
motivated by failure to observe the time limits provided for in Article 680.
Article 688 - (1) When the request for rehabilitation is accepted, mention is made to the
various criminal records. In this case, the extract from the criminal record must no longer
mention the deleted conviction.
(2) The pardoned person may obtain a copy of the pardon order free of charge.
(3) An extract from the rehabilitation judgment is, at the behest of the Public Prosecutor, transcribed in
margin of judgment or judgment judgment.

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Article 689 - (1)
a) The rehabilitation does not automatically restore the decorations and does not automatically reinstate
in orders whose pardon would have been forfeited. Police and security measures striking
the condemned are not erased.
b) The amount of pecuniary convictions and confiscations paid by the pardoned remains
acquired from the Public Treasury.
(2) The rehabilitation does not automatically reintegrate into public functions or jobs,
ranks, public or ministerial offices or gives rise to career reconstitution.
However, the rehabilitated person regains the following rights, if they have been deprived of them:
paternal power, right of guardianship, electoral rights and the right to testify in court.
(3) The rehabilitation does not preclude requests for review tending to establish
the innocence of the rehabilitated.
Article 690 - The judgment of the Court of Appeal may be referred to the Supreme Court in due form
and ordinary deadlines.
Title II
ON CONDITIONAL RELEASE
Chapter i
GENERAL PROVISIONS
Article 691 - (1) Conditional release is the early release of the convicted person
a custodial sentence, or subject, by the decision of conviction, to a measure of
security of the same nature.
It is granted and revoked by decree
(2) A decree establishes the general conditions and modalities for the granting and revocation of the
Conditional liberation.
(3) The early release of the convicted person, if it has not been revoked, becomes final at
the expiry of the term of the sentence.
Chapter II
SUSPENSION OF MEASURES
Article 692 - The conditional release decree may suspend the execution of the measures
internment in a special house of health, relegation, surveillance and assistance
post-criminal proceedings or prohibition of the exercise of a profession, which follow the sentence
main. This suspension becomes final five (5) years after the expiry of the sentence.
main.

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Chapter III
CONDITIONS OF GRANT
Article 693 - (1) Conditional release may only be granted to the convicted person after
the completion of half of his sentence or half of all sentences in the event of
accumulation, taking into account, if appropriate, pardon measures. It cannot be granted to the repeat offender
until after the completion of two-thirds of his sentence.
(2) Conditional release may only be granted to the relegated after five (5) years.
Chapter IV
REVOCATION
Section 694 - (1) Parole may be revoked upon conviction
for felony or misdemeanor committed subsequently or for non-observance of the general conditions or
special release.
(2) In the event of revocation, the time spent on parole shall not be charged to the
remains to be suffered.
Title III
CRIMES AND OFFENSES COMMITTED ABROAD
Article 695 - (1)
a) The Cameroonian courts are competent to judge any Cameroonian or resident
who, outside the national territory, is guilty, as author, co-author or accomplice
of an act qualified as a crime or misdemeanor by Cameroonian law, provided that it is punishable by the
law of the place of commission.
b) However, public action cannot be set in motion other than by
Public Prosecutor, following a complaint from the victim of the offense or a denunciation
official to the Government of the Republic by the Government of the country where the act was
committed.
(2) The provisions of this article are applicable to Cameroonians who have not acquired this
quality only after the fact imputed to it.
Article 696 - (1) Anyone in the national territory who has been an accomplice to a crime or
of an offense committed abroad, conspired to commit it, or attempted to commit it, perhaps
prosecuted and tried in Cameroon according to Cameroonian law, if the main fact is punished at the
both by foreign law and by Cameroonian law, and on the condition that the existence of the fact
principal has been established by a final decision from a foreign court
competent.
(2) Anyone who has been an accomplice to
the foreigner of a crime or an offense committed in the territory of the Republic of Cameroon.

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Article 697 - Any proceedings instituted in application of
of articles 696 and 697 above if:
a) the conditions of section 695 (1) b) are not met;
b) the accused can prove that he was finally tried for the same acts abroad and,
in the event of a conviction, which he has, in accordance with the laws of the State where he was sentenced,
executed his sentence, or that it is prescribed, or that he has benefited from a
thanks;
c) public action is prescribed or terminated by amnesty or in any other way at the
with regard to the law of the State where the acts were committed, or would be prescribed or extinguished at
under Cameroonian law if the acts had been committed in Cameroon.
Article 698 - Proceedings may be brought either before the Court of the place where the resident resides
the accused person, either before the Court of the place of his last known residence in
Cameroon.
However, the Supreme Court may, at the request of the Attorney General, order the dismissal of
the case before another jurisdiction in the interest of the proper administration of justice.
Article 699 - Is deemed to have been committed in Cameroon:
a) any offense for which an act characterizing one of the constituent elements has been committed
on the territory of the Republic of Cameroon;
b) any infringement of counterfeiting or alteration of the seal of the Republic of
Cameroon or currency having legal tender in its territory;
c) any infringement of the legislation on narcotic drugs, psychotropic substances and
The precursors ;
d) any violation of the legislation on toxic waste;
e) any infringement of the legislation on terrorism;
f) any infringement of the laws on money laundering.
Title IV
PROSECUTION AND JUDGMENT OF MINORS
Chapter i
OF THE MOVEMENT OF PUBLIC ACTION
Article 700 - (1) Judicial information is compulsory in matters of felony and misdemeanor
committed by minors of eighteen (18) years old.

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(2) When a felony or an offense is charged against a minor of eighteen (18) years old, the information is
made according to the rules of common law, subject to the following provisions.
(3) Except in matters of contravention, the minor cannot be prosecuted by way of summons
direct.
(4) The Public Prosecutor or the Examining Magistrate advises the parents, guardian or guardian
of the minor of the proceedings instituted against him.
Article 701 - (1) The Examining Magistrate shall carry out all due diligence and investigations useful for the
knowledge of the minor's personality.
(2)
a) n may in particular order a social inquiry into the material and moral situation of the
family, character and background of the minor, his school attendance, his behavior
as well as the conditions under which he was raised.
b) He charges the social service or, failing that, any other qualified person with this investigation.
(3) The Examining Magistrate may order a medical examination and, if necessary, an examination
medico-psychological.
(4) He may, by reasoned order, decide to place the minor in a reception center
or in an observation center.
Article 702 - (1) The Examining Magistrate may entrust the custody of the minor to:
a) his parents, guardian, guardian or any other trustworthy person;
b) a reception or observation center;
c) a specialized institution;
d) a vocational training or care establishment.
(2) The order for placing the minor in custody is always justified. It specifies the duration,
which expires at the latest on the date of the judgment.
(3) The custody measure of the minor is taken in the best interests of the minor and may be
revoked or revised at any time.
Article 703 - (1) In the absence of a birth certificate, the age is determined by a doctor, who
issues a medical certificate of apparent age.
(2) When only the year of birth of a person is known, the person is presumed to be born on
December 31 of the said year.
Chapter II

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PROVISIONAL DETENTION OF MINORS
Article 704 - A minor from twelve (12) to fourteen (14) years old cannot be the subject of a mandate
pre-trial detention only in the event of murder, murder or fatal blows.
Article 705 - A minor from fourteen (14) to eighteen (18) years old cannot be subject to a
remand order only if this measure appears essential.
Article 706 - (1) The Minor may only be detained in:
- a rehabilitation establishment;

- a special ward of a prison empowered to accommodate minors.
(2) In the absence of a rehabilitation establishment or special ward, the minor may be
detained in a prison for adults but must be separated from them.
Article 707 - In the event of transfer of minors, appearance before the Judge
or before the Tribunal, measures must be taken to prevent any
contact with adult prisoners or with the public.
Article 708 - When a minor is left at liberty, the Examining Magistrate or the Court may
require :
- his written commitment to behave well and to appear whenever necessary
required;
- the commitment under surety of the father, mother, tutor or guardian of the minor, to guarantee his
legal representation;
- the commitment on word of any trustworthy person, to guarantee his
legal representation.
Chapter III
OF THE COMMITTEE OF THE COURT OF FIRST INSTANCE STATUS IN
JUVENILE DELINQUENCY MATTER
Article 709 - (1) The Court of First Instance ruling on delinquency
juvenile is made up of:
- a magistrate of the seat, President; two assessors, members;
- a representative of the Public Prosecutor's Office;
- a clerk.
(2) The titular and substitute assessors are appointed for two (2) years by joint act of the
Ministers responsible respectively for Justice and Social Affairs. They are chosen from
people of either sex, at least thirty (30) years old, of nationality

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Cameroonian and known for their interest in children's issues or for their
competence in the matter.
(3) Before taking up their duties, the titular assessors and substitutes shall take an oath before the
Court of First Instance, to perform their duties well and faithfully and to keep
scrupulously the secrecy of the deliberations.
(4) a report of this taking of the oath is drawn up;
Article 710 - The assessors have the right to vote on the penalties and measures to be pronounced
against the minor.
They are consulted on all other matters.
Article 711 - When duly convened, the assessors do not appear, the President,
after noticing their deficiency, sit alone; mention of the whole is made in the judgment.
Article 712 - A special register is kept at the registry of the Court of First Instance
which refers to all decisions concerning minors of eighteen (18) years old.
Chapter IV
OF COMPETENCE
Article 713 - The Court of First Instance ruling on juvenile delinquency
is competent to hear all crimes, misdemeanors and contraventions committed by the minor
over ten (10) years old and under eighteen (18) years old. However, where there are
Major accomplices or co-authors, the common law court has sole jurisdiction.
Article 714 - The Court has jurisdiction
- the place of the commission of the offense:
- the domicile of the minor or of his parents, guardian or guardian;
- the place where the minor was found;
- the place where the minor has been placed temporarily or permanently.
Article 715 - The provisions of article 59 above are applicable to the prosecution of
minors.
Article 716 - When the minor is involved in the same cause as one or more
adults, the judicial information is made according to the rules of common law, under
subject to the provisions of articles 710 et seq. of this code.
Chapter V
OF JUDGMENT

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Article 717 - The Court does not take cognizance of the social file drawn up in accordance with
provisions of section 702 (2) only after conviction.
Article 718 - (1) The President of the Tribunal explains to the minor, in simple language, the
substance of the alleged offense. Then he asks him if he recognizes being in
the author or having participated in it.
(2) Whatever the answer, the Tribunal must:
- hear testimony from witnesses; allow the minor or his representatives to
ask any necessary questions of witnesses;
- hear any statement that the minor would like to make; in this case, it is the responsibility of the
President to ask the witnesses and possibly the minor, the questions he judges
useful.
Section I
OF THE CONTRADICTORY JUDGMENT
Article 719 - (1) The Court of First Instance ruling on delinquency
juvenile applies the common law procedure, subject to the provisions of articles 721
and following:
(2) The minor must be assisted by a lawyer or any other person qualified in the
protection of children's rights.
(3) If the minor has no counsel, he shall be appointed one ex officio by the Court.
(4) When the minor's counsel, convened by any means leaving a written record, does not appear
not twice in a row at the hearing and does not justify his absence, the Tribunal automatically designates
another tip. Mention of the whole is made in the plumitif of hearing and in the judgment.
Article 720 - (1) Under penalty of nullity of the judgment to be intervened, the in camera is obligatory
before any court called upon to hear a case in which a minor is involved.
(2) Notwithstanding the provisions of paragraph (1), only the following are allowed to attend the debates:
parents, guardians, lawyers, representatives of services or institutions dealing with problems of
children and supervised liberty representatives.
However, the President may:
a) authorize representatives of human rights protection organizations and
of the child to attend the debates;
b) read the social file drawn up in accordance with the provisions of article 701 and ask
to the minor, his parents, his tutor or his guardian any questions that may arise
arise.

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(3) The President may, at any time, order that the minor retire during all or part of the
of the rest of the debates. He may also order witnesses to withdraw after they have been heard.
Article 721 - (1) The Tribunal may stay proceedings only in the following cases:
a) if he has not been able to establish the exact age of the minor;
b) if he considers that he must order a medical, medico-psychological examination or
further investigation;
c) if he deems it necessary to grant a probationary period.
(2) The judgment is rendered in open court, in the presence of the minor. It can be public, at
provided, however, that the name of the minor cannot be indicated, even by initials, and
that no personal or family information concerning him is specified, under penalty of
sanctions provided for in article 198 of the Penal Code.
Article 722 - The Tribunal may order the restitution of property or objects placed in custody
of justice.
Section II
DEFAULT JUDGMENT
Article 723 - (1) When a minor is on the run or has disappeared, the Tribunal may order any
measure tending to assure himself of his person. He may in particular, by reasoned decision, order
that the minor be taken and held in a penitentiary center, under the conditions provided for
under this title.
(2) The minor must appear as soon as possible before the court which issued the
decision referred to in paragraph (1).
(3) If the minor cannot be found and the interests of third parties require the judgment of
the case, the Tribunal rules by default
Chapter VI
APPLICABLE MEASURES AND PENALTIES
Article 724 - If the minor aged fourteen (14) or less is found guilty, the
The court must admonish him before pronouncing any of the following measures:
a) the attribution of his custody to his parents, guardian, guardian or to any other person
worth of trust ;
b) supervised liberty;
c) placement in a vocational training or care establishment;
d) placement in a specialized institution;

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e) preventive engagement.
Article 725 - (1) If the minor over fourteen (14) years old and under eighteen (18) years old
is declared guilty, the Court, by reasoned decision:
a) pronounces a sentence under the conditions provided for in Articles 80 (3) and 87 of the Code
Criminal;
(b) order one of the measures provided for in section 724.
(2)
a) When a sentence of firm imprisonment is pronounced, it may only be accompanied by
the supervised liberty measure.
b) The supervised release measure takes effect at the end of the prison sentence.
Article 726 - (1) When one of the measures provided for in Articles 724 and 725 has been decided, the
judgment orders the placement of the minor for all the time necessary for his education,
until reaching the age of majority.
(2) A minor is deemed to be, while he is placed in an authorized institution or while he is
is on permission granted by the Director of the said institution, to be legally detained. If he
escapes or does not return to the institution, an arrest warrant is issued against him, and he is returned to
the institution.
(3) The Tribunal may, before deciding on the merits, order release on probation as
provisional, for a trial period of which it fixes the duration.
Article 727 - The decisions of the courts ruling on juvenile delinquency are
exempt from stamp duty and registered free of charge.
Article 728 - Regulatory texts determine the terms of reimbursement of
maintenance, rehabilitation and supervision costs of minors entrusted to persons,
services or institutions.
Chapter VII
CONTRAVENTIONS
Article 729 - (1) If a contravention is established against a minor from fourteen (14) to teneight (18) years old, the Court sends a simple reprimand to the minor as well as to his parents,
guardian or guardian, and warns them of the consequences of recidivism. This reprimand is inscribed
in a special register.
(2) If the minor does not appear, the reprimand which must be addressed to him shall be notified by
registered letter intended, as the case may be, for his parents, guardian or guardian. It
contains the same warning about the consequences of reoffending.

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(3) In the event of a repeat offense, the measures and penalties provided for in Articles 725 and 726 shall be him
applied.
(4) If the Tribunal considers it advisable to order a supervisory measure, it shall order that the
minor is placed under the regime of supervised liberty.
Chapter VIII
OF THE SUPERVISED FREEDOM OF THE MINOR
Article 730 - The supervised liberty of the minor is the regime under which he is handed over to his
parents, guardian or guardian and followed by specialized agents called delegates for freedom
monitored. It consists of assistance, protection, surveillance and
education.
Article 731 - (1) The re-education of a minor placed in supervised liberty is ensured, under
authority of the President of the Court of First Instance, by permanent delegates and by
volunteer delegates to supervised liberty.
(2) The permanent delegates are appointed by joint order of the Minister in charge of Justice
and the Minister in charge of Social Affairs. Their mission is to lead and coordinate
the action of, volunteer delegates. They also ensure the re-education of minors whom the
Court entrusts them specially.
Article 732 - The volunteer delegate is appointed, either in the judgment or by order of the
President of the Court of First Instance. It sends the latter a report on the
progress of its mission according to the frequency fixed in the judgment or order, and
whenever circumstances require.
Article 733 - The parents, guardian or guardian of a minor placed under the regime of liberty are
required to:
a) supervise, protect, assist and educate the minor;
b) refrain from obstructing, in any way, the progress of the mission
the supervised liberty delegate;
c) present the minor to the President of the Tribunal at the intervals set out in the
judgment or order.
Article 734 - In the event of death, serious illness, change of residence or absence not
authorization of the minor, his parents, guardian or guardian must, without delay, inform the delegate
to supervised liberty.
Article 735 - (1) In the event of violation of any of the obligations provided for in Article 733, the
President of the Court may, after consulting the Public Prosecutor's Office, impose on the parents, guardian or
custodian, a commitment, if any, with solvent guarantors, to be paid, if there is
new violations, a sum of money, the amount of which is set according to the possibilities
financial resources of the employee or his guarantors.

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(2) The fixed sum of money shall be paid into the hands of the Chief Registrar of the Court of
First case.
Article 736 - The provisions of articles 557 and following relating to constraint by body
are not applicable to minors.
Chapter IX
REVISION OF SURVEILLANCE MEASURES
Article 737 - (1) Measures ordered in respect of a juvenile offender under
article 724 can be revised at any time, at the request of the Public Prosecutor's Office, the minor,
parents, guardian, guardian or supervised liberty delegate.
(2) The following are competent to hear any request for review:
(a) the Tribunal which originally ruled;
b) the court of the domicile of the parents of the minor or of his guardian, or of the guardian, or
of the supervised liberty delegate.
Chapter X
REMEDIES
Article 738 - (1) The decisions of the Court of First Instance ruling on matters of
juvenile delinquency are subject to opposition, appeal or appeal, in the forms and
deadlines provided for by this Code.
However, these remedies do not have a suspensive effect on the measures pronounced to
against the minor.
(2) The ordinary procedures of opposition, appeal and cassation appeal are
applicable to judgments and rulings handed down in respect of minors.
(3) The remedies may be exercised without a mandate by the parents, guardian, guardian,
counselor or delegate for supervised liberty.
Chapter XI
OF THE COURT OF APPEAL FOR JUVENILE DELINQUENCY
Article 739 - An appeal against decisions of the Court of First Instance is brought before the
Court of Appeal ruling on juvenile delinquency.
Article 740 - (1) The Court of Appeal ruling on juvenile delinquency is
composed:
- a magistrate of the seat, President; two assessors, members;

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- a representative of the Public Prosecutor's Office; a clerk.
(2) The provisions of articles 710 to 712 are applicable before the Court of Appeal.
Chapter XII
THE JUDICIAL RECORD FOR MINORS
Article 741 - (1) Any decision pronounced against a minor in application of the
Articles 725 and 726 is the subject of a criminal record sheet.
(2) The provisions of articles 573 to 583 are applicable. However, the mention of
convictions pronounced against a minor are entered only on the extracts from the register
judicial issued to magistrates and public administrations.
Chapter XIII
COSTS OCCASIONED BY MINOR PROTECTION MEASURES
Article 742 - (1) Transportation and travel expenses incurred by delegates
permanent staff and volunteer delegates to supervised freedom, in the execution of their mission,
are reimbursed for criminal justice costs.
(2) Also paid as criminal justice costs are the fees owed to legal counsel
office clerk.
Article 743 - In all cases where the minor is provisionally or permanently handed over to
a person other than his father, mother or guardian, or to a person other than the one who
had custody or an institution, the decision must determine the share of maintenance costs
monthly and travel expenses which are borne by the family. These costs are recovered
as criminal justice costs, for the benefit of the Public Treasury.
Title V
COURT FEES
Article 744 - A specific text determines the legal costs in criminal matters,
correctional and simple police, and fixes the tariffs, the methods of payment and
recovery.
Article 745 - Legal costs incurred by the Public Prosecutor's Office for the enforcement
movement and exercise of public action, the instruction of the trial as well as the execution of
Judicial decisions are advanced by the Public Treasury. These costs are borne by the party
which is unsuccessful, except for a reasoned decision by the court.
Title VI
MISCELLANEOUS AND FINAL PROVISIONS

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Article 746 - (1) All previous provisions contrary to this law are repealed and
especially :
a) the ordinance of February 14, 1838 on the Code of Criminal Instruction;
b) the law of May 20, 1863 on the investigation of flagrant offenses;
c) the law of July 22, 1867 relating to constraint by body;
d) the decree of November 30, 1928 establishing special jurisdictions for
minors;
e) the decree of February 26, 1931 on preliminary instruction;
f) the decree of September 2, 1954 relating to criminal records;
g) the decree of August 20, 1955 fixing the rate of maintenance deposit on the execution of
constraint by body;
h) Law n ° 58/203 of December 26, 1958 adapting and simplifying the
penal procedure ;
i) Law No. 64 / LF / 13 of June 26, 1964 establishing the extradition regime;
j) Decree No. 66 / DF / 512 of October 15, 1966 codifying the rules
applicable in Eastern Cameroon in the prosecution of contraventions;
k) the provisions of the Criminal Procedure Ordinance (cap. 43 of the Laws of
Nigeria 1958);
l) the provisions of the “Evidence Ordinance (Cap-62 of the Laws of Nigeria 1958)”,
with regard to criminal proceedings;
m) Children and Young Persons Ordinance (Cap 32 of the Laws of Nigeria 1958);
n) the “Prisons Ordinance, (Cap 159 of the Laws of Nigeria 1958);
o) the provisions of the "Southern Cameroons High Court Law 1955", with regard to
concerns criminal procedure;
p) the provisions of the “Magistrates Courts (Southern Cameroons) Law 1955”;
q) Ordinance n ° 72/6 of 26 August 1972 on the organization of the Supreme Court, in
with regard to criminal matters;
r) Law n ° 90/45 of December 19, 1990 on the meaning of criminal proceedings
for certain offenses;
s) Law n ° 75/16 of December 8, 1975 on the procedure and functioning of the
Supreme Court, for criminal cases;

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t) Prevention of Crimes Ordinance (Cap. 157 of the Laws of Nigeria, 1985);
u) the provisions of the "Federal Supreme Court Ordinance 1960 part IV, V and VI"
with regard to criminal matters;
v) the provisions of the "Federal Supreme Court Rules 1961, Order VIII and Order IX
With regard to criminal cases.
(2) All references in this law to provisions of repealed domestic law are
deemed references to those which replace them.
Article 747 - This law, which will come into force on the first day of the thirteenth month
following that of its promulgation, will be registered and then published in the Official Journal in French
and in English./Yaoundé, July 27, 2005
THE PRESIDENT OF THE REPUBLIC
PAUL BIYA

