(PROVISIONAL ORDER) THE CODE OF CRIMINAL PROCEDURE, 2003 CHAPTER 1 PRELIMINARY PROVISIONS 1. Title and Commencement This Code may be cited as “the Code of Criminal Procedure, 2003, and shall come into force on the date of Signature. 2. Repeal and Saving As of the date of commencement of this Code the Code of Criminal Procedure 1994 shall be repealed: Provided that all proceedings and orders made or issued there under shall remain in force unless amended or repealed in accordance with the provisions of this Code. 3. Principles to be Observed. It shall be observed in the application of this Code that every accused person shall have the right of a fair and speedy trial; that every accused person is presumed innocent until his guilt is proved beyond reasonable doubt; that no punishment shall be inflicted upon any person exceeding that prescribed by the law in force at the time such offence was committed and that no person shall be subject to cruel or inhuman treatment or punishment. 4. Trial of Offenses under The Penal Code and other laws. All offences under the Penal Code shall be investigated, inquired into, tried, and otherwise dealt with according to the provisions hereinafter contained, and all offenses against any other law shall be investigated, inquired into, tried and otherwise dealt with according to the same provisions, but shall be subject to any enactment for the time being in force regulating the manner or place of investigation, inquiring into, trying or otherwise dealing with such offence. 5. Definitions (1) In this Code, unless the context otherwise requires, the following wards and expressions shall have the meaning assigned to them respectively: (a) “Chairman” means the Chairman of the Sudan People’s Liberation Movement (SPLM) and Civil Authority of the New Sudan (CANS). 1

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