The conditions set out in this Code with respect to proceedings before the trial courts shall
apply.
The provisions of this Article shall be inapplicable in the case of breach of press laws, or
offences whose prosecution is provided for by a special law, or if the persons suspected of having
participated in the offence are minors under the age of eighteen years.
ART 84: In cases of flagrant felonies or misdemeanours punishable by imprisonment, every
person shall have the right to apprehend the perpetrator and take him/her to the nearest judicial
police official.
ART 85: Where a corpse has been discovered, whether or not the death was violent or otherwise, and
the cause of death is unknown or suspicious, the judicial police official who is informed of it shall
immediately inform the State Counsel, and go forthwith to the scene to make initial findings.
The State Counsel shall go to the scene if he/she considers it necessary, and he/she shall be
assisted by persons capable of assessing the kind of circumstances in which the death occurred. For
this purpose, he/she may however, delegate a judicial police official of his/her choice.
The persons thus called upon shall take an oath in writing upon their honour and conscience.
CHAPTER Il - PRELIMINARY INVESTIGATIONS
ART 86: Judicial police officials, either on the instructions of the State Counsel, or of their own motion,
shall carry out preliminary investigations.
The provisions of Articles 66 and 76 shall apply.
However, searches, house visits and seizure of exhibits may not be carried out without the
express consent of the person in whose home the operation takes place, where this person’s liability
may not be sought in the offence.
This consent shall recorded in the investigation repo rt.
PART IV
INVESTIGATION
CHAPTER ONE- INVESTIGATION BY COURTS OF FIRST DEGREE
JURISDICTIONS
Section 1 – General Provisions
ART 87: Preliminary judicial investigation shall be compulsory where a felony has been committed,
unless otherwise provided.
It shall be optional for simple offences.
ART 88: The investigating judge may only investigate in accordance with a submission made by the
State Counsel, even in event of a felony or misdemeanour.
Criminal charges may be brought against a named or unnamed pe rson.
The investigating judge shall have the power to charge any person who has taken part, as a
perpetrator or an accomplice, in the acts referred to him/her.
Where an offence not covered by the prosecution submissions is brought to the knowledge of
the investigating judge, he/she must immediately send forthwith to the State Counsel the complaints or
the reports attesting to them.
ART 89 : In the event of a complaint including a party claiming damages , the investigating judge
shall order that the complaint should be sent to the State Counsel so that this magistrate may receive
his/her submissions.
The State Counsel may only apply to the investigating judge for non -investigation if, for
reasons affecting the criminal proceeding, the acts do not legally warrant prosecution or if, supposing
those acts have been demonstrated, they cannot admit any criminal qualification. In the event that the
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