shall be transferred to the remand prison of the place where the Court of Assizes sits.
ART 275: When the matter should not be judged at the headquarte rs of the court of appeal, the
attorney general shall send the record of the proceedings to the registry of the court or the justice of
the peace with extended jurisdiction where the court of assizes sits.
Exhibits shall also be taken to the registry of this court.
ART 276: The president of the Court of Assizes shall question the accused as soon as possible after the
latter is brought to the remand prison and exhibits are handed over to the registry.
If the accused is free, he/she must voluntarily surrender no later than the eve of the hearing.
The arrest warrant shall be enforced should, duly summoned through an administrative channel at the
registry of the court of assizes and absent any legitimate reason, the accused fails to show up on the
planned day to be questioned by the president of the court of assizes.
The president may delegate one of the member judges of the court of assizes to carry out this
questioning.
An interpreter must be enlisted if the accused does not speak or understand French.
When the hearings of the court of assizes take place only at its headquarters, the interrogation
of an accused shall be done by the president of the court of first instance or the justice of the peace
with extended jurisdiction of the place where the hearing will take place.
ART 277: The president or his/her delegate shall interrogate the accused about his/her identity and
make sure the latter received the referral order.
ART 278: Subsequently, the accused shall be called upon to choose a legal counsel to
prepare his/her defence.
Should the accused not choose his/her counsel, the president or his/her delegate shall appoint
one for him/her.
This appointment shall be null and void should the accused subsequently choose his/her
counsel.
ART 279: The legal counsel may be chosen or appointed from among lawyers registered at the
Malian Bar Council, persons allowed to plead before the court where the court of assizes sits, civil
servants or public officials in Mali.
The president may exceptionally authorise the accused to choose one of his/her relatives or
friends as legal counsel, even if such a person does not fulfil the conditions stated in the previous sub
paragraph.
ART 280: Compliance with the formalities prescribed by articles 276, 27 7 and 278 shall be attested to
in a report signed by the president or his/her delegate, the court registrar, the accused and where
applicable the, interpreter.
Should the accused not know how to or does not want to sign, the report shall mention this fact .
ART 281: Proceedings shall not start less than five days after the interrogation conducted by the
president of the court of assizes. The accused and his/her legal counsel may waive this period.
ART 282: The accused shall have the right to freely communicate with
his/her counsel.
The council may receive any case document on the spot without this delaying the progress of
the procedure.
ART 283: Each of the accused persons shall be freely issued a copy of the records attesting to
the offence, written declarations by witnesses and expert reports.
48
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