ART 545: When the Attorney General at the Supreme Court is formally instructed by the Minister of Justice, he/she shall report, to the Criminal Division, legal measures, orders or judgements contrary to the law and such orders or judgements may be quashed. ART 546: When a final order or judgement, subject to an appeal on points of law, has been passed by the court of appeal or court of assizes by the misdemeanours or simple offence court, and against which no party lodges an appeal on points of law within the prescribed period, the attorney general at the Supreme Court may of his/her motion and notwithstanding the expiry of the period, file an appeal on points of law, but solely in the interest of the law, against the said judgement or order. The court shall rule on the admissibility and merits of this appeal on points of law. If this appeal on points of law is admitted, the ruling on the appeal on points of law shall be passed without the parties being able to take advantage of it or objecting to the enforcement of the quashed decision CHAPTER Il: REVIEW ART 547. The review of a ruling in a felony or misdemeanour proceeding may be applied for, irrespective of the court that ruled and the sentence that was ordered: 1° When after a conviction for homicide, documents are presented which are likely to provide sufficient clues that the alleged victim of the homicide is still alive; 2° When after a sentence imposed for a felony or misdemeanour, a new order or judgement sentences another accused or defendant for the same act and that, because the two sentences are irreconcilable, their contradiction proves that any one of the convicted persons is inno cence . 3° When since the conviction, one of the witnesses examined has been prosecuted and sentenced for perjury against the accused or defendant; the witness thus sentenced may not be heard in proceedings for the new trial; 4° When, after the conviction, a new fact comes up or is discovered, or when documents which were unknown to the court on the day of the trial are presented, likely to prove that person convicted is innocent. ART 548: The following persons shall have the right to apply for review: 1° The Minister of Justice, either of his/her motion or based on a complaint; 2° The convicted person or, in the event of incapacitation, his/her legal representative; 3° After the death of the convicted person or in his/her declared absence, his/her spous e, his/her children, conjoint, his/her parents, his/her universal devisees or devisees by universal title, and persons to whom he/she has given this express mission. The Supreme Court shall be seized by its Attorney General, pursuant to the express order given by the Minister of Justice, either of his/her own motion or based on a claim from parties. ART 549: If the sentencing order or judgement has not been enforced, the enforcement shall automatically be suspended as from the time the minister of justice forwards the application to the Supreme Court. If the convicted person is in detention, enforcement may be suspended as ordered by the Minister of Justice until the Supreme Court has ruled, and later, where applicable, through the order of this court ruling on admissibility. ART 550: In the event of admissibility, if the case is not ready for trial, the court will directly or through rogatory letters organise investigations on the merits, confrontations, identifications and special means to discover the truth. When the case is ready for hearing, if the court acknowledges that new proceedings to hear both parties can be held, it will quash judgements and orders as well as measures that impede the review; it will spell out the questions that may be asked and will refer the accused persons or 80

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