However, in case only the detention warrant, denounced by the court of first instance, is issued, the appellate court, on appeal, shall have the ability, through a special and reasoned decision, to order release. In any circumstance, the warrants issued in the above mentioned cases shall continue being enforceable, notwithstanding the appeal. ART 436: In case the judgement is challenged, the case will have to be tabled before the court during the first hearing or, no later than eight days from the day of the challenge, failing which, the accused shall have to be automatically released. In the event of a sentence reduction, the court shall have to rule of its own motion through a reasoned decision on whether or not the warrant should be maint ained or lifted, after the public prosecutor has been heard. This shall be without prejudice to the possibility for the defendant to apply at any time for release, and on which the court must rule no later than forty eight hours, after the public prosecutor has been heard. In the event of appeal, the court shall rule of its own motion, within a fortnight, on the report from a trial judge, after the public prosecutor has been heard, on whether or not the warrant should be maintained or lifted, without prejudice for the appellant to apply at any time for release. ART 437: The court that has ruled on the civil proceeding may order that all or part of the damages should be temporarily paid. It shall also have the possibility, if it is not in a position to rule on the application for damages, to grant the party claiming damages temporary enforcement notwithstanding objection or appeal. ART 438: The court handling a civil proceeding for homicide or unintentional injury may, despite the release of the defendant, grant damages to the parties claiming damages based on article 149 of Malian Law Governing Obligations. ART 439: The court shall be competent to assess the amount of the penalty that it has ordered. ART 440: Any judgement handed down against the defendant and against persons civilly liable for the misdemeanour or against the party claiming damages shall order them to pay costs to the public party. However if the defendant is released on account of his/her insanity at the time of the acts, the court may order him/her to pay all or part of the costs. The court shall rule on the duration of imprisonment for non-payment against the accused. The same shall apply in the case of the transaction that ended the criminal proceeding or discharge, unless the court through a special reasoned decision exempts the defendant and the person civilly liable from the payment of all or part of the costs. The party claiming damages whose action was declared admissible shall not have to pay costs when the person against whom it filed proceedings for damages has been found guilty of an offence. However, if the action was brought by the public prosecutor, the party claiming damages who acted in good faith may be exempted from paying all or part of the costs through a spec ial and reasoned decision from the court. The costs shall be assessed by the judgement. ART 441: The operative part of every judgement shall contain the statement of facts for which the summoned persons will be found guilty or liable, and the laws applied , the sentence and the judgement in civil proceedings, subject to a fine of 5000 francs against the court registrar. The president shall read out the judgement and ensure that the operative part has in fact been understood by the parties. ART 442: The formal judgement shall be dated and state the name of the magistrate who handed it down, the presence of the public prosecutor at the hearing has to be attested to herein. After having been signed by the president and the court registrar, the formal judge ment shall be filed at the court registry no later than seven days after the judgement has been handed down. Court registrars may not issue copies of a judgement before it has been signed. 66