defendants, depending on each case, before the court of assizes or the court of appeal composed
differently, or before the misdemeanours court other than the one that heard the case or before this
same court composed differently.
ART 551: When new oral proceedings cannot take place, notably in the event of death, absentia or
default by one or several convicted persons, non-liability under criminal law or discharge, in the event
of prescription of the action or of the sentence, the Supreme Court, after expressly attesting to this
impossibility, shall rule on the merits with ruling either on the appeal on points of law or referral, in the
presence of the parties claiming damages, if any attended the trial, and custodia ns it appoints in
memory of each of the deceased; in this case, it will only quash convictions that were unfairly passed
and will clear the memory of the deceased.
If it is discovered that new oral proceedings cannot take place only after the order of the
Supreme Court quashing the sentencing order or judgement and ordering referral, the Supreme Court,
based on the submission of its attorney General, may postpone its selection of the court to which to
refer the case and rule as stated in the previous sub paragraph.
If quashing an order concerning a living convicted person leaves no outstanding matter against
him/her that can be considered a felony or misdemeanour, no referral shall be ordered.
ART 552: The review order or judgement that establishes the innocence of a convicted person may, at
his/her request, result in damages on account of the prejudice inflicted by him/her by the sentence.
If the victim of miscarriage of justice has passed away, the r ight to seek damages shall accrue,
subject to the same conditions, to his/her spouse, ascendants and descendants.
This right shall accrue to more distant relatives only if they can prove that they suffered material
loss due to this sentence.
ART 553: The application shall be admissible at any stage of the review procedure; the damages
granted shall be paid by the State, excluding his/her remedy against the party claiming damages, the
informant or the witness by whose fault the sentence is passed. They sh all be paid in the form of legal
fees in criminal proceedings.
ART 554: Fees for review proceedings shall be advanced by the applicant until the admissibility order
is handed down; the advance for fees that arise after this order shall be paid from the St ate budget.
A final review order or judgement that hands down a conviction shall order the convicted
person to reimburse fees to the applicants for review, if applicable.
The applicant for review who loses his/her hearing shall be ordered to pay all costs.
ART 555: The review order or judgement that establishes the innocence of a convicted person shall be
posted in the town where the conviction was handed down, in the town of the seat of the review court,
in the council area of the place where the felony or misdemeanour was committed, in the town of the
domicile of the applicants for review It shall automatically be inserted in the Official Gazette and its
publication also ordered in the newspapers, chosen by the applicant if he/she so requires.
The State shall bear the cost of the above mentioned publicity.
PART XI
SOME SPECIAL PROCEDURES CHAPTER ONE
- FORGERY
ART 556: When the Attorney General or a Justice of the Peace with extended jurisdiction is informed
that an allegedly forged document is found in a public depository or was drawn up in a public
depository, this magistrate may visit this repository to carry out the necessary assessments and
verifications.
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