ART 509: The registry of the court of first instance or of the appellate court shall, in all instances in
which the law states that the appeal shall not be admitted, prepare a memorandum on its refusal to
register the statement of appeal.
The parties shall be entitled to petition the president of the court of first instance or the first
president against the registrar's refusal within 24 hours thereof. The registrar shall be obliged to admit
the appeal if ordered to do so by one of these magistrates.
In all cases, a party who expresses the desire to appeal against a judgement within the legal
time limits shall conserve the right to re-appeal against the final decision on the merits.
Section Il - Forms of Appeal
ART 510: The notice of appeal must be filed before the registrar of the court that passed the appealed
decision:
1. No later than three days after the decision has been passed or if has been served personally
where applicable;
2. Within the same period, which starts to run only as from the day when the objection is no
longer admissible, if the decision is passed in abstentia.
It must be signed by the registrar and by the applicant for appeal on points of law in person or
by his/her counsel, or by a specially authorised proxy; in the latter case, the proxy shall be attached to
the legal document prepared by the registrar. If the declarant is unable to sign, the registrar shall
make this known.
It shall be recorded on the register set aside for this purpose.
ART 511: When the applicant for appeal on points of law is detained, he/she may also express his/her
desire to appeal through a letter he/she hands to the superintendent of the remand prison; who issues
him/her a corresponding receipt.
The superintendent shall attest on this same letter that it was handed to him/her by the relevant
party and shall specify the handover date.
This document shall immediately be forwarded to the registry of the court that passed the
appealed decision; it shall be recorded on the register provided for in article 5 -10 and attached to the
legal document prepared by the registrar.
Should the applicant for an appeal on points of law be illiterate, the superintendent shall
prepare a report of the notice of appeal, a copy of which he/she hands to the relevant party and
forwards to the registrar who will act as stated in the previou s sub paragraph.
ART 512: The registrar shall serve notice of the appeal on points of law to the other parties to the trial
either through registered mail, telegram with acknowledgement of receipt no later than ten days after
the notice of appeal.
Failure by the registrar to serve notice shall be punishable with a civil fine of 5000 francs, which
is passed by the Criminal Division of the Supreme Court.
The date of service of notice shall be stated on the margin of the notice of appeal.
A party who did not receive the notice referred to herein above shall have the right to object to
the ruling on the appeal based on points of law passed without his/her involvement.
The provisions of article 480 shall apply.
ART 513: On pain of being barred, the applicant shall have to deposit a fine of 10,000 francs alongside
the notice of appeal.
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