next.
If he/she thinks there is enough evidence to go to trial, the attorney general shall require that a
criminal investigation should be opened.
To this end, he/she shall contact the Office of the Supreme Court for a civil division to be
designated to hear the case.
ART 617: The criminal investigation may also be opened if the aggrieved party sends a complaint and
simultaneously files proceedings for damages to the president of one of the Civil Div isions of the
Supreme Court.
In this case, this compliant must be sent to the attorney general so that he/she makes his/her
submissions.
ART 618: The division designated or to whom the case is referred shall appoint one of its members to
carry out or prescribe the required investigatory measure, subject to the procedures and conditions
provided for in this code.
However, jurisdictional decisions, notably those relating to the detention or release of the person
charged and those that end the criminal investigation shall be taken by the division to which the case is
referred.
Pursuant to a submission from the Attorney General, the president of this division may, before
his/her meeting, issue a warrant against the person charged, no later than five days after the arrest of
person charged; the division shall decide whether or not the warrant should be maintained.
The person charged shall have the right to apply for interim release during the proceeding.
ART 619: When a felony or misdemeanour was committed during a court action and involves the
violation of a provision of the criminal procedure, the criminal proceeding may be initiated only if the
illegality of the court action or the act performed on this occasion was ascertained by one decision, which
has become final, taken by the criminal court to whom the case has been referred.
ART 620: When the criminal investigation is over, the division
may either:
- state that there is not enough evidence to go to trial ;or, if the offence upheld against the p erson
charged is a misdemeanour, refer it to a misdemeanour court of first instance other than the one in
the constituency where the person charged worked ;
- either, if the offence upheld against the person charged is a felony, take the matter to another civil
division of the Supreme Court, designated by the office of this court.
This division shall act and rule, subject to the procedures and conditions provided for
investigations before the indictment chamber.
ART 621: In the case of referral to a felony court, the court of assizes shall be chaired by a trial judge
from the Supreme Court appointed by the first president of the said court.
ART 622: Orders handed down by Civil Divisions of the Supreme Court in the cases provided for in the
previous articles shall not be subject to any appeal.
ART 623: When a judicial police official or a Government Delegate could be charged with a felony or
misdemeanour committed in the constituency where he/she is territorially competent, excluding an
instance where in the performance of his/her duties, the Attorney General handling the case shall
immediately submit his/her motion to the Criminal Division of the Supreme Court, which acts and rules
same as in conflicts of competence and designates the court tasked with investigating or judging the
case.
The same provisions shall apply when a parliamentarian commits a felony or misdemeanour,
whether or not while performing his/her duties, in the jurisdiction of his/her electoral district.
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