the latter. In case of refusal, mention shall be made of this in the investigation report.
The provisions of Paragraph (6) of this Article shall be brought t o the attention of the persons
concerned before any examination or hearing. Note of this should be mentioned in the report.
ART 77. A judicial police official shall mention, in the report on the testimony of any persons held in
police custody, the day and time from which they were held in police custody, and the day and time
from which they were either released or brought before the competent magistrate.
This mention must be specially signed by the persons concerned; in the case of refusal, this is
noted therein. It shall compulsorily include the grounds for the custody.
It must also be recorded in a special register, numbered and initialled by the President of the
court or the Justice of the Peace with extended jurisdiction, kept for that purpose in a ny police station
likely to receive a person held in police custody.
This register shall be signed monthly by the State Counsel or the Justice of the Peace with
extended jurisdiction.
ART 78
Reports drawn up by a judicial police official pursuant to Articles 69 and 71 shall be
prepared on the spot and signed by him/her on each page of the report.
ART 79: The provisions of Articles 66 to 80 shall apply in the event of a flagrant misdeme anour
punishable with imprisonment.
ART 80: The State Counsel's arrival on a crime scene shall withdraw competence over the case
from the judicial police official.
The State Counsel shall exercise all the judicial police powers set out in this Chapter.
He/she may also order all judicial police officials to continue their operations.
ART 81: If the needs of the investigation so require, the State Counsel or the investigating judge,
where he/she proceeds as described in this Chapter, may go, in order to continue his/her
investigations, to the jurisdiction of the courts bordering that where he/she normally performs his/her
duties. He/she must beforehand notify the State Counsel of the jurisdiction of the court he/she is going
to. He/she shall state the reasons for his/her trip in his/her report.
ART 82: In the event of a flagrant felony or misdemeanour, and if the investigating judge is not yet
seized, the State Counsel may issue a warrant against any person suspected of having participated in
the offence.
The State Counsel shall immediately question the person so brought before him/her. If
he/she comes along with a lawyer, he/she may be examined only in the presence of the latter.
ART 83: In the case of a flagrant misdemeanour, where the offence is punishable by imprisonment,
and the investigating judge is not seized, the State Counsel may place the defendant under a
detention warrant after interrogating him/her about his/her identity and the facts alleged against
him/her.
The same shall apply if, after a preliminary investigation, an offence punishable with
imprisonment seems to have been committed by a defendant, either by his/her admission, or by the
unanimous testimony of several witnesses; in which case the defendant will have to be summoned to
appear before the court not later than three months following the issue of the detention warrant.
If the State Counsel fails to respect this time limit, the Superintendent of the remand prison
shall be required to notify him/her of this fact. He/she shall then immediately lead the defendant before
the State Counsel who will have him/her released after having observed the formalities on election of
domicile.
The Justice of the Peace shall be bound by the same obligation for detentions he/she orders
under this Article.
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