He/she may specially ask this witness to be at the disposal of the court, which will hear him/her
where necessary.
If the judgement has to be handed down on the same day, the president may also have this
witness kept by law enforcement in or outside the court room. After the judgement on the merits has
been read out, the court shall order that he/she should be taken before the state counsel who requires
the opening of a criminal investigation for perjury and right away drafts minutes of the facts or
statements from which the perjury arises.
These minutes and a copy of the record of proceedings shall immediately be forwarded to the
state counsel.
CHAPTER VI - JUGDEMENT
ART 431: The judgement shall be handed down either at the hearing even during the one when the
proceedings took place or at a later date.
In the latter case, the president shall inform the parties present of the day when the judgement
will be handed down.
ART 432: If additional investigation is necessary, the court may order it through an interlocutory ruling.
The president shall have the powers of investigation and coercion pec uliar to investigating
judges, excluding powers related to indictment, provisional detention, judicial supervision and release.
ART 433: If the act is not considered either a misdemeanour or a simple offence, or if it is not proven,
cannot be attributed to the defendant, the court shall acquit the defendant.
When criminal proceedings have been brought about by the party claiming damages, the court
shall rule, where necessary, on the claim for damages made by the acquitted person against the party
claiming damages.
If the act is a simple offence related to a felony, the court shall rule through one single
judgement, subject to appeal regarding every aspect. The court shall apply the sentence and rule,
where applicable, on damages.
ART.434: Notwithstanding the appeal, a detained defendant, who has been released, discharged, or
sentenced, either to a suspended prison term or a fine, shall be released immediately after the
judgement.
The same shall apply to a detained defendant sentenced to a prison term equal or lower than
the duration of his/her detention.
ART 435: If the act is punishable with a sentence for a felony, the court may subsequently issue a
detention warrant or an arrest warrant and it will refer the public prosecutor to submit its case to a more
competent court.
If the act is punishable with a sentence for a misdemeanour, the court shall hand down this
sentence and will rule, where applicable, on damages.
Furthermore, if the act is a misdemeanour under ordinary law and the sentence handed down
is at least one year of imprisonment, the court may, through a special and reasoned decision, issue a
detention warrant or an arrest warrant against the defendant.
The arrest warrant shall still be enforceable even if a court of first instance, when challenged,
and the appellate court, on appeal, reduces the sentence to less than one year of
imprisonment.
The detention warrant issued by the court shall also be enforceable when, on appeal, the court
reduces the imprisonment to less than one year.
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