ART 249: The person sought may be released or placed under judicial supervision at any time during
the proceedings in accordance with the rules governing these matters. The decision of the Indictment
Chamber shall not be subject either to prior submissions from the Public Prosecutor's Office or appeal.
PART V
SUMMONS AND SERVICE
ART 250: Summons and services (on parties), unless otherwise provided by law, shall be made by a
bailiff at the request of the Public Prosecutor, the civil party and any lawfully -authorize red
administrative department.
ART 251: The summons shall state the offence and the law sanctioning it. It shall state the court
seized, the place, time and date of the hearing. It shall specify the status of accused, the party civilly
liable or the witness of the person summoned.
If it is served at the request of the party claiming, it shall mention the full names, profession and
actual or elected domicile of the latter.
A summons served on a witness must also state that non-appearance, refusal to testify and
false testimony are punishable by law.
ART 252: Where service is effected by the Public Prosecutor, it shall be deemed to have also
been made on behalf of the party claiming damages.
ART 253: The service shall indicate whether the decision is subject to appeal and, where appropriate, the
nature of the appeal and how it may be formulated, as well as the period within which it may be exercised
and when this period begins to run.
ART 254: The official performing the service must specify in the writ whether the summons was served
personally, at home, on the local council, on the headquarters of the administrative district or at the
Public Prosecutor's office.
Mayors, chiefs of administrative districts, Public Prosecutors or Justices of the Peace with wide
powers shall sign the original writ and publicly post the copy.
ART 255: The provisions of Articles 26, 27, and 6 10 et seq. of the Code of Civil, Commercial and
Social Procedure shall apply.
ART 256: The period between the day on which the summons is issued and the day fixed for the
appearance of the person summoned before the misdemeanours court or simple offence court shall be
at least:
15 days if he/she resides in the seat of the court; 1 month if he/she resides within the jurisdiction of the
court; 2 months if he/she resides in any other place within the national territory, 3 months if he/she
resides in Africa; 4 months if he/she resides outside Africa.
ART 257: If the above time limits have not been complied with, the provisions set out below shall apply.
(1) If the party summoned does not appear, the summons must be declared null and void by
the court;
(2) Where the party summoned appears, the summons shall not be null and void , but the court
shall, at the request of the party summoned, order that the case be referred to a subsequent hearing.
This request must be made before any defence on the merits.
ART 258: In all cases, the bailiff must note on the original copy of the writ (of summons) and in his/her
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