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CHAPTER V - POWERS OF THE JUSTICE OF THE PEACE
WITH EXTENDED JURISDICTION
ART 57: In the administration of justice, Justices of the Peace shall be vested with the powers of the
State Counsel.
They shall be competent to establish and prosecute all offences committed within their jurisdiction.
They shall of their own motion take up cases and order that the defendant be summoned before
their court, without prejudice to the right of the competent State Counsel or party claiming damages to
issue a direct summons.
They shall exercise the powers attributed to the State Counsel for the prosecution and investigation
of offences committed flagrante delicto.
They shall ensure that their judgements are enforced.
The powers thus conferred on Justices of the Peace with wide powers shall be exercised under
the control of the State Counsel.
CHAPITRE VI - DENUNCIATIONS AND COMPLAINTS
ART 58: Every constituted authority, every civil servant or public officer who, in the performance of
his/her duties, learns of the commission of a felony or a misdemeanour shall be obliged to notify,
forthwith, the competent State Counsel or the Justice of the Peace with extended jurisdiction of the
court in whose jurisdiction the defendant could be found, and forward to this magistrate any relevant
information, official report or document.
Any person who witnesses any attack against public security or attempt on the life or property of an
individual shall be required to give notice thereof to the State Counsel or to the Justice of the Peace
with extended jurisdiction.
ART 59: Judicial police officers shall promptly hand over denunciations, reports and other documents
prepared by them within the scope of their competence to the representative of the Public Prosecutor,
who will be required to examine the proceedings right away a nd to request, where necessary, that a
criminal investigation should be opened.
In case of felonies or misdemeanours, other than those judicial police officials are directly tasked
with establishing, are reported, these officials shall also immediately fo rward the denunciations they
receive to the State Counsel who will proceed as stated in the preceding paragraph.
ART 60:Complainants shall be considered to have initiated proceedings for damages if they so declare
either in a complaint, in a preliminary investigation report or through a subsequent document, or if they
make submissions to claim damages. They may drop the claim within twenty-four hours; in case of
discontinuance, they shall not be liable to pay any costs that arise from the time when they a re served.
However, this shall be without prejudice to the payment of damages to defendants, if any.
In any event, a complainant may initiate proceedings for damages at any time before
proceedings close. However in no case will their withdrawal after the judgement be valid even if it was
submitted within twenty-four hours of their declaration that they wish to initiate proceedings for
damages.
ART 61: If the prosecution was initiated by the Public Prosecutor, a party claiming damages
who acted in good faith may, if the defendant or the accused has been granted a dismissal order or
ruling, a discharge judgement or an acquittal, be exempted from paying a ll or part of the costs by a
special and reasoned decision from either the investigating judge, the Indictment Chamber or the trial
court.
ART 62: Any person claiming to have suffered loss due to a felony or misdemeanour may lodge a
complaint before the competent investigating judge.
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