official report the steps he/she has taken and also the answers given to his/her various inquiries.
The original copy of the writ must be sent to the person at whose request it was served.
Under pain of a civil fine of between 1000CFA Francs to 5,000 CFA Francs, the eventual cost of the writ
must be stated at the foot of the original and the copy of the writ. This fine shall be imposed by the
President of the court to which the case is referred.
Where a writ is declared null and void due to the bailiff's fault, the latter may be ordered to pay
the costs of the writ and of the proceedings declared null and void, and, where appropriate, pay
damages to any party who may have suffered harm.
The court which declares the nullity shall have jurisdiction to impose these orders.
Any officer who voluntarily prevents or delays the delivery of a summons or service shall be
punished with the penalties set forth in Article 85 of the Criminal Code.
PART VI
THE COURT OF ASSIZES
CHAPTER I - COMPETENCE OF THE COURT OF ASSIZES
ART 259: The court of assize shall be fully competent to judge individuals referred before it through an
indictment. It may dismiss the charges and may initiate proceedings of its own motion or at pursuant to a
submission from the Public Prosecutor for any felony or misdemeanour attributed to the accused persons
and discovered during proceedings.
CHAPTER II - THE COMPOSITION OF THE COURT OF ASSIZES
ART 260: The Court of Assizes shall be made up of judges and assessors in accordance with article 18
of Law No. 88-39/AN-RM of 8 February 1988 on Judicial Reorganisation in Mali.
ART 261: Every October 1 each year, Government Delegates in cercles, or failing them, Mayors of
councils in a District, shall send to the State Counsel or Justice of the Peace with extended jurisdiction,
the list of citizens they propose to serve as assessors, alongside relevant information on each of them.
These magistrates shall forward these lists to the Attorney General of the Court of Appeal alongside their
legal opinion.
ART 262: The final lists of assessors of the Court of Assizes shall be drawn up with five persons for each
cercle on 1st January each year by the Minister of Justice. They shall be published in the official Gazette.
ART 263: Only persons aged at least 30 and in full possession of their civic and political rights may be
chosen to serve as assessors. Assessors must also be able to read and write French.
Whoever has been a judicial police official, a witness, an interpreter, an expert or a party
may not serve as an assessor in the same case.
Failure to comply with these requirements shall render the relevant proceeding null and void.
CHAPTER Ill - THE PROCEDURE TO PREPARE FOR HEARINGS AT THE COURT
OF ASSIZES Section I - Binding Acts
ART 264: It shall be the duty of State Counsels and Justices of the Peace with Extended Jurisdiction to
immediately inform the Minister of Justice about death, incapacitation or legal incompatibility affecting
any assessor whose name appears on the yearly lists.
ART 265: Government Delegates in the various cercles and Mayors of Councils under a District shall
send each of the assessors a copy of the list concerning him/her no later than fifteen days after this list
46
Sélectionner le paragraphe cible3
Se connecter à un paragraphe
Connect to an entity
Disable highlights
Ajouter à la table des matières