ART 491: The state counsel shall send the petition, if filed at the registry of the misdemeanours court, and the files to the attorney general. § 2- The Composition of the Appeals Chamber ART 492: The misdemeanours appeals chamber shall be made up of a president of the chamber, and two trial judges. The duties of the public prosecutor shall be performed by the state counsel or by one of his/her deputies; the duties of the court registrar shall be performed by the registrar of the court of appeal; ART 493: The number of hearings for misdemeanour cases for the following legal year shall be determined at the end of each judicial year by the court's general assembly. It may be changed subject to the same conditions during the following year based on needs. §3 - The Procedure before the Appeal Chamber ART 494: Rules spelt out for the misdemeanours court shall apply before the appeal court subject to the following provisions. ART 495: The appeal shall be heard based on an oral report from a trial judge; the accused sh all be questioned. Witnesses shall not be heard unless the court orders that they should testify. The parties involved shall be heard in the following order: the appellant, the respondent; if there are several appellants or respondents, they shall be heard in the order set by the president. The defendant and his/her counsel shall always speak last. ART 496: Proceedings before the court may take place and the ruling passed in the absence of parties, subject to the conditions stated herein after. Defendants who are free, whether appellants or respondents, living outside the seat of the court, shall have the right to declare that they will not appear. This declaration shall be made by the appellants to the court registrar who notes this in the notice of appeal. On their part, respondents shall make this declaration to the bailiff who issues the summons to them. The court registrar and the bailiff shall have to question them on this issue and record their response in the notice. ART 497: The discontinuance of the appeal may be acknowledged without the need to summon the parties who choose to discontinue. ART 498: If the court thinks that the appeal is late or irregularly filed, it shall declare it inadmissible. If it thinks the appeal is without despite being admissible, it shall uphold the appealed judgement. In both cases, it shall order the appellant to pay costs unless the appeal is filed by the public prosecutor, given that costs are borne by the Public Treasury. ART 499: The court may, when an appeal is filed by the public prosecutor, either uphold the judgement, or quash all or part of the judgement advantageous or disadvantageous to the defendant. The court may, when the appeal is filed by the defendant or the party civilly liable, increase the penalty of the appellant. It may not, when the appeal is filed by the party claiming damages, amend the judge such that it is advantageous to this party. The party claiming damages may not, on appeal, bring a new claim; however, it may ask that 72