This notice shall serve as a summons served to the person. The complainant shall be informed following the same conditions as those herein above. The provisions of article 388 shall apply to witnesses. If the accused person fails to appear at the hearing, the court may, notwithstanding the provisions of article 435, issue an arrest warrant at the hearing regardless of the sentence handed down. Section Il - Flagrant Delito Offences ART 387: Any individual arrested red-handed for an act punished with misdemeanour sentences shall immediately be presented to the State Counsel who will question him/her and, where necessary, take him/her right away to thecourt hearing. In this case, the State Counsel may hold the accused under a detention warrant. If there's no hearing, the State Counsel shall have to summon the accused to the hearing of the following day; the court shall, where necessary, be convened for special purposes. ART 388: Witnesses may be validly requisitioned by any judicial police official or a law enforcement officer. They shall have to appear in court, under pain of being forced to, without prejudice to the sanctions spelt out in article 84 of the Penal Code. ART 389: The president shall have to inform the accused that he/she has the right to ask for time to prepare his/her defence. Should the accused use this possibility right, the court shall grant him/her a period of at least three days. The judgement shall state the opinion of the president and the accused person's response. Failure to comply with the provisions of this article shall constitute grounds for rendering the judgement null and void. ART 390: If the case is not ready for trial, the court shall postpone it, fo r further investigations, to one of the upcoming hearings and, where necessary, release the accused provisionally, with or without bail. CHAPTER Il - THE COMPOSITION OF THE COURT AND HOLDING OF HEARINGS ART 391: The misdemeanour court shall be made up of the court president or by one of the judges, assisted by a court registrar. The duties of public prosecutor shall be performed by the State Counsel or one of his/her deputies; however justices of the peace with extended jurisdiction shall rule with the support of the public prosecutor. ART 392: The number of hearings for misdemeanour cases for the following legal year shall be determined at the end of each judicial year by the court's general assembly. It may be changed subject to the same conditions during the following year based on needs. The calendar of hearings shall be published. 61