The Attorney General shall make his/her appeal known no later than fifteen days after the investigating judge hands down the order. ART 191: The appeal shall be brought before the Indictment Chamber. The investigation file shall be forwarded forthwith, with a reasoned opinion, by the State Counsel to the Attorney General. In the case of an appeal by the State Counsel, the detained person shall be kept in detention until the appeal has been decided and, in any event, until the appeal period has expired. ART 192: The time limits provided in Article 187 for the State Counsel and the Attorney General to appeal against the orders of the investigating judge shall start to run, as regards rulings of the Justices of the Peace with wide powers, as from the day of receipt of the order at the State Counsel’s office . The State Counsel shall file his/her statement of appeal with the registry of his/her court, which forthwith forwards it to the registry of the relevant Justice of the Peace with extended jurisdiction. ART 193: Where an appeal is filed against an order other than one ending the investigation, the investigating judge may precede with his/her criminal investigation. To this end, he/she shall request the presentation of copies of documents he/she deems useful. Section XI - Resumption of Criminal Investigations Following New Charges ART 194: The person charged in respect of whom the investigating judge has declared there are no grounds for trial may no longer be sought for the same facts, unless new charges arise . The following shall be deemed to be new charges: statements by witnesses, documents and reports which, not having been submitted to examination by the investigating judge, can now strengthen too weak evidence or add new facts to existing facts useful to discover the truth. ART 195: The Public Prosecutor alone shall decide if it is necessary to request the reopening of criminal investigations on new charges. CHAPTER Il - THE INDICTMENT CHAMBER Section I - General Provisions ART 196: The Indictment Chamber shall be made up of a President of the Chamber and two Advisers. These magistrates, if need be, shall serve in other chambers of the court. The duties of Public Prosecutor at the Indictment Chamber shall be performed by the Attorney General or his/her deputies, and those of the court registrar by a court registrar of the Court of Appeal. ART 197: The Indictment Chamber shall be convened by its President or at the request of the Attorney General whenever necessary. ART 198: The Attorney General shall prepare the case file within forty-eight hours of receipt of documents with respect to provisional detention, and within ten days in any other matter. He/she shall submit it, alongside his/her submission, to the Indictment Chamber. ART 199: In cases before misdemeanour or simple offence courts and until the opening of the proceedings, the Attorney General, if he/she considers that the facts could be placed under a more serious offence than the one under which it has been, shall order that the documents be brought to him/her, and he/she shall prepare the case file and submit it alongside his/her submission to the Indictment Chamber. The Attorney General shall do the same when he/she receives, after the Indictment Chamber orders the dismissal of case, documents that appear to contain new charges. In such a case and pending the meeting of the Indictment Chamber, the President of that court may, pursuant to the 37

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات