the misdemeanour seems to have been committed or of the place where the defendant is arrested; An
arrest warrant may be issued.
ART 566: When public documents are declared totally or partially forged, the appellate court or court of
first instance that hears the case for forgery shall order that they should be drawn up once again,
crossed out or amended, and a report on the entire process will be drawn up.
Documents for comparison will be sent back to the depositories from where they are taken or
handed back to the persons who provide them, no later than two weeks as from the day of the
judgement or order, under pain of a fine of 5000francs against the registrar.
ART 567: The application to open proceedings to challenge the authenticity of a document presented
before the Supreme Court shall be made to the first president. It shall be filed at the registry and
signed by the party or his/her lawyer.
ART 568: The first president shall rule during the month of filing of the motion at the registry, after the
attorney general has been consulted.
He/she shall issue an order to reject or permit the opening of proceedings to challenge the
authenticity of a document.
ART 569: The applicant authorised to open proceedings to challenge the authenticity of a
document must pay the required deposit.
The order on the permission to open proceedings to challe nge the authenticity of a document
shall be notified to the respondent within fifteen days, alongside a summons to state whether or not
he/she intends to use the allegedly-forged document.
A copy of the following documents must be attached to this summons:
1° A receipt for payment of the deposit
2° The motion or the order permitting the proceedings to challenge the authenticity of the
document .
ART 570: The respondent shall have to reply, within fifteen days, on whether or not he/she intends to
use the allegedly-forged document. This declaration shall be notified to the applicant.
ART 571: In case the respondent intends to use the allegedly-forged document, the first president
must refer both parties to appeal before the court he/she will choose to hear, pursuant to the law, the
proceedings to challenge the authenticity of the document.
CHAPITRE Il - THE PROCEDURE TO FOLLOW IN THE
EVENT OF THE LOSS OF DOCUMENTS IN A
PROCEEDING
ART 572: When due to some extraordinary reason, the original copies of orders or judgements passed
in a felony, misdemeanour or simple offence proceeding, and not yet enforced, or ongoing procedures
are destroyed, removed or are misplaced and it is impossible to draw them up again, the requirements
of the provisions herein after shall be followed.
ART 573: If an official or certified copy of the judgement or order exists, it shall be considered the
original copy and consequently handed over by any public official or any depositary to the registry of the
court that passed the decision, as ordered by the president of this court. This order shall serve as a
release for this public official or any depositary.
ART 574: When no official or certified copy of the order is left in a felony proceeding, but the
declaration of the court of assizes, mentioned on the question sheet, can be still be found, as
stated in articles 336 to 341, a new order shall be passed, based on this declaration.
ART 575: When the declaration of the court of assizes can no longer be reproduced or when the case
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