affected by the invalidity of the criminal investigation must be proposed. Failing this, they may no
longer be proposed subsequently.
ART 525: In felony proceedings and in the case where the accused was sentenced, if the order passed a
sentence different from the one applied prescribed by the law for this type of felony, the annulment of the
order may be sought both by the public prosecutor and the party sentenced.
ART 526: The same course of action shall be open to the public prosecutor against the acquittal orders
stated in article 347 if the decision was passed based on the non existence of a criminal law that
nevertheless exists.
ART 527: When the sentence passed is the same as the one stated in the law applicable to the
offence, no party may seek the annulment of the order on grounds that there was an error in citing a
legal provision.
ART 528: In misdemeanour proceedings, an accused shall be barred from raising, as a ground for
appeal on points of law, instances of nullity committed at first instance if he/she did not raise them
before the court of appeal, excluding the nullity on grounds of incompetence when the public
prosecutor filed an appeal.
ART 529: The violation or omission of rules established to defend a prosecuted party may not be
raised, in any case, by whosoever against this party.
Section IV - Processing Appeals and Hearings
ART 530: Rules governing publicity, order and discipline at hearings must be complied with before the
Supreme Court.
ART 531: Reports shall be given at the hearing. The lawyers of the parties shall be heard through their
observations after the report, where necessary. The public prosecutor shall present his/her
submissions;
ART 532: In any felony, misdemeanour, or simple offence proceeding, the Supreme Court may rule on
the appeal on points of law after a period of 4 months, as from the receipt of the file, expires.
ART 533: Before ruling on the merits, the Judicial Bench of the Supreme Court shall ascertain whether the
appeal on points of law was filed in accordance with the rules prescribed by the law If it thinks that legal
conditions have not been met, it shall pass, on a case by case bases, an inadmissibility or der or a
rejection order.
ART 534: The Judicial Bench of the Supreme Court shall rule that there is no need to adjudicate if the
appeal on points of law becomes pointless.
When the appeal on points of law is admissible but the Judicial Bench of the Supreme Court
finds it ill-grounded, it shall rule to dismiss it.
ART 535: Subject to the provisions of article 514, the inadmissibility, rejection or dismissal order shall
order the applicant to pay a fine and costs.
In case there is no need to adjudicate, the Supreme Court shall ascertain whether it should
order the applicant to pay a fine.
Unless the Supreme Court decides otherwise, the party who withdraws shall not have to pay a
fine and the order attesting to his/her withdrawal shall be registered for free.
ART 536: When the Supreme Court annuls an order or judgement passed in a misdemeanour or
simple offence proceeding, it shall refer the trial and parties before a court of the same order and
degree as the one that passed the annulled decision, or before the same court composed otherwise.
ART 537 : In a felony proceeding, the Supreme Court shall order the referral of the trial
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