A party claiming damages who does not reside in the seat of the tribunal where the
investigation is being held shall be required to elect domicile by declaration during the investigation or
through any other means.
In the absence of election of domicile, the party may not contest the lack of service regarding
documents which should have been served to him/her under the law.
ART 63 : In any case, a party claiming who has not obtained legal aid shall be oblig ed, on pain of
inadmissibility of his/her complaint, to deposit at the registry the sum deemed necessary for the costs
of the proceedings whenever, before the investigating judge or trial judge, his/her action is not
attached to the preliminary action of the Public Prosecutor.
In the event of a direct summons before the court or in the case of an appeal, the court seized
shall fix the amount of the deposit at the first hearing of the case.
An additional deposit may be required during the proceedings, eith er during investigation or
before the trial court, as soon as the balance appears insufficient to cover all costs, including the
registration of the judgement.
For the keeping the said deposit, the court registrar shall not require payment of any
remuneration lest he/she be accused with misappropriation of public funds.
The balance of the sums deposited, which are unclaimed six months after the court seized has
ruled on the merits, shall be deposited in the public treasury.
ART 64: Where, after a criminal investigation has been opened following the initiation of proceedings
to claim damages or following a direct summons initiated by the party claiming damages before the
misdemeanour court, a ruling to dismiss a case or discharge an accused is pas sed, the person
charged or the defendant, or any other person targeted by the complaint or the direct summons,
without prejudice to prosecution for malicious denunciation, may, if they do not initiate civil
proceedings, seek damages from the complainant, as set out below:
-
' the action for damages must be lodged within three months of the date on which the ruling to
dismiss the case or discharge the accused became final. It shall be brought by means of summons
before the misdemeanours court where the case was investigated or tried. The ruling to dismiss
the case or discharge the accused shall be referred to the court so that it should be made known to
the parties. The proceedings shall be held in open court, and the parties or their counsel as well as
the Public Prosecutor shall be heard;
-
in case of conviction, the court may order the publication in full or of an extract of its judgement in
one or more newspapers that it shall designate, at the expense of the convicted person ;
-
Objection, if any, and appeal, shall be admissible within the time limits of ordinary law regarding
misdemeanours;
-
the appeal shall be lodged before the Appeals Chamber for Misdemeanours following the same
procedures as before the court of first instance;
- the judgement of the Court of Appeal may be referred to the Supreme Court as in criminal
matters.
PART IIIINVESTIGATIONS
CHAPTER I - FLAGRANT FELONIES AND MISDEMEANOURS
ART 65: A flagrant felony or misdemeanour shall refer to a felony or misdemeanour in the course of
being committed, or which has just been committed. A felony or misdemeanour shall also be flagrant
where, immediately after the act, the suspect is chased by hue an d cry, or is found in the possession of
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