the amount for damages should be increased for the prejudice suffered since the decisi on handed
down at the first instance.
ART 500: If the judgement is quashed because the court thinks that there is no felony, misdemeanour,
simple offence or that the act has not been proven or that it is not attributable to the defendant, the
court shall acquit the defendant.
In this case, if the released defendant seeks damages subject to the conditions provided for in
article 438, it shall table its claim directly before the court of appeal.
ART 501: lf the judgement is quashed because the court thinks that the defendant is exempted from
liability on statutory grounds, it shall rule, where appropriate, on the civil proceeding.
ART 502: lf the judgement is set aside because the court thinks that the act is likely to lead to a
sentence for a felony, the court of appeal shall declare itself incompetent. It shall refer the public
prosecutor to appeal as it deems fit.
It may, after the public prosecutor has been heard, issue, through the same decision, a warrant
for detention or arrest against the defendant.
ART 503 If the judgement is set aside for violation or omission not redressed according to the
procedures prescribed by law under pain of nullity, the court shall transfer the matter to a higher court
and rule on the merits.
ART 504 In any proceeding, when the court of appeal hands down a prison sentence, it may issue a
warrant for detention or arrest against the defendant.
PART X
SPECIAL MEANS OF APPEALCHAPTER FIRST APPEAL ON POINTS OF LAW
Section I - Appealable Decisions and Conditions for Appeal
ART 505: Orders from the Indictment Chamber as well as orders and judgements handed down in last
resort in felony, misdemeanour and simple offence proceedings may be cancelled on grounds of
violation of the law through an appeal on points of law filed by the public prosecutor or by the
aggrieved party.
Appeals shall be presented to the criminal chamber of the Supreme Court.
During the time limits for appeals on points of law and if an appeal was filed, until the Supreme Court
passes an order, the enforcement of the court order, excluding the portion relating to civil sentences,
shall be suspended.
Notwithstanding the appeal, a defendant or detained person charged, who has been released
or acquitted, discharged or sentenced to a suspended prison term or a fine, shall be released
immediately after the order.
The same shall apply to a detained defendant sentenced to a prison term, immediately the
duration of detention reaches the duration of the sentence passed.
ART.506: However, parties harmed by orders passed by the court of assizes after acquittal or
discharge, subject to the conditions provided for in article 36 -1, may file appeals based on points of law
against these orders.
The same shall apply to orders ruling on the return of objects as stated in articles 444 to 449.
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