has been tried in absentia and that there is no written document attesting to this, the investigation shall
be restarted from the point where documents are lacking.
The same shall apply to any proceeding, when there is no official or certified copy of the
decision.
CHAPTER Ill - THE REGULARISATION OF ORDERS AND JUDGEMENTS
WHEN MAGISTRATES AND COURT REGISTRARS ARE UNABLE TO
SIGN
ART 576: If as a result of any event whatsoever, an order or judgement cannot be signed by the
magistrate who passed the decision, the attorney general at the court of appeal shall refer the matter
to the chamber headed by the first president; this chamber, based on the pleadings of the public
prosecutor, authorises the stated judge to perform the duties of the previous judge to sign in his/her
place by placing the following statement before his/her signature : "In the absence of Mr X….. who so
adjudged and as authorised by the court of appeal".
ART 577: In the absence of the court registrar, the magistrate who chaired the hearing during which
the judgement was passed, shall be authorised subject to the procedures specified in the previous
article, to sign alone the said judgement or order.
By acting in this manner, the magistrate shall refer to the authorisation of the court of appeal.
CHAPTER IV - CONFLICT OF COMPETENCE
ART 578: When two examining magistrates, who belong to the same court or different courts, or when
two misdemeanour or simple offence courts in the same jurisdiction, are called upon to hear the same
offence or related offences, the public prosecutor may, in the interest of the proper administration of
justice, require one of the judges or one of the courts to relinquish competence to the other. If the
conflict of competence continues, the choice of the judges or court to hear this case shall be decided
according to the provisions herein after.
ART 579: Conflicts of competence shall be heard by the Criminal Division of the Supreme Court, which
is seized through a motion from the public prosecutor, the person charged or the party claiming
damages.
ART 580: The Criminal Division may, before deciding on the judge or court to hear the case, order that
the motion should be sent to the parties. In this case, the records of proceedings shall be forwarded to
it within the time limit it sets, alongside the observations of the parties involved, and proceedings shall
be suspended.
ART 581: The order settling the conflict of competence shall be served on the relevant parties.
Excluding the case where an order has been given to send the motion, these parties may object to this
order through a legal document filed at the registry of the place where one of the courts in conflict
seats, subject to the procedures and time limits for appeal on points of law.
ART 582: The objection shall automatically stay proceedings. It shall be heard no later than fifteen
days after the documents arrive at the registry of the Supreme Court.
ART 583: If the objection is dismissed, the Criminal Division may order the applicant to pay a civil fine
of 10,000 francs.
ART 584: The order passed, either after sending or objection, shall be notified to the parties.
ART 585 : The party claiming damages, the defendant or the accused person, who loses his/her case
in the proceeding initiated to decide on competence, may be ordered to pay a fine, which must not be
higher than 10,000 francs.
CHAPTER V - REFERRALS FROM ONE COURT TO ANOTHER
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