ART 179: A misdemeanours or simple offences court may, having heard the Public Prosecutor and the
parties, declare the annulment of acts it considers affected, and decide whether the annulment should
extend to all or part of the subsequent proceedings.
When it annuls only some acts, it must expressly exclude them from the proceedings.
In case the nullity of an act results in the nullity of all subsequent proceedings, it shall order an
additional investigation if the nullity can be corrected or, if necessary; it shall ask the Public Prosecutor
to submit its case to a more competent court.
However, courts of first instance may not annul investigation proceedings referred to them by
the Indictment Chamber.
ART 180: The parties may waive the nullities provided for in this section where they affect their own
interest. This waiver must be express.
Section IX - Rules of Procedure
ART 181: As soon as the proceedings are over, the investigating judge shall make this known to the
State Counsel, who must send his/her submissions to him within eight days at the latest.
Nevertheless, with misdemeanours, where the inquiry has been carried out by a Justice of the
Peace with extended jurisdiction, he/she shall rule on the proceedings without being obliged to request
for the submissions of the competent State Counsel. If the Justice of the Peace with extended
jurisdiction orders referral to the misdemeanours court he/she presides, he/she shall report it to the
State Counsel who may, until the judgement, appeal the order within the time limit he/she is given
under Article 190. Where the Justice of the Peace with extended jurisdiction deems it unnecessary to
order the referral, he/she shall issue a dismissal order and forward it with the case file to the State
Counsel who may, without prejudice to the right to appeal of the party claiming damages, appeal.
With felonies, when the proceedings have been completed, the Justice of the Peace shall
forward the file to the State Counsel with who lies the responsibility to petition in accordance with the
first sub paragraph of this article. The Justice of the Peace with extended jurisdiction shall rule on
these submissions through an order, as provided in Articles 179 et seq.
ART 182: If the investigating judge considers that the offence is not a felony, a misdemeanour, or a simple
offence, or if the perpetrator is unknown, or if there are insufficient charges against the person charged,
he/she shall declare, through an order, that there are no grounds for prosecution.
Persons charged in detention shall be released.
The investigating judge shall at the same time rule on the restitution of seized items.
He/she shall award costs and order the party claiming damages, if any, to pay costs.
ART 183: If the judge considers that the facts constitute a simple offence, he/she shall refer the case to
the simple offences court and the person charged shall be released.
If the judge considers that the facts constitute a misdemeanour, he/she shall r efer the case to
the Misdemeanours Court. The provisions of Articles 132, 146 and 148 et seq. shall apply.
ART 184: In the case of referral, either before the simple offence court or before the misdemeanours
court, the investigating judge shall forward the file alongside his/her order to the State Counsel. The
latter shall be obliged to send it forthwith to the registry of the court which has to rule.
If the case if referred to the misdemeanours court, the State Counsel must order the person
charged to be summoned for one of the next hearings, by complying with the time limit for summons
provided for in this Code.
ART 185: If the judge considers that the facts constitute an offence described as a felony by law,
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