The investigating judge hearing the case shall decide immediately after receipt of this report if it is necessary to order the transfer. ART 118: If the person charged is on the run or resides outside the territo ry of the Republic, the investigating judge, after consulting the State Counsel, may issue an arrest warrant against him/her if the offence involves a sentence for a misdemeanour, or a heavier sentence. A person charged under an arrest warrant shall be promptly taken to the remand prison specified in the warrant. The Superintendent of the remand prison shall issue, to the officer responsible for execution of the warrant, an acknowledgement of the delivery of the person charged. The questioning of the person charged shall be conducted within 48 hours of his/her incarceration. Failing this, and at the expiry of this period, the provisions of Paragraphs 2, 3, 4 and 5 of Article 116 shall apply. If the person charged is arrested outside the jurisdiction o f the investigating judge who issued the warrant, he/she shall be taken immediately before the State Counsel of his/her place of the arrest, who takes down his/her statements if necessary. The State Counsel shall forthwith inform the magistrate who issued the warrant and requested the transfer. If this cannot be done immediately, the State Counsel shall refer the matter to the issuing judge. ART.119: Except otherwise provided by law, an official charged with the execution of an arrest warrant may not enter the domicile of a citizen before 6 a.m. and after 9 p.m. He/she may be accompanied by a sufficient number of forces of law and order, so that the person charged cannot escape. These forces shall be taken from the place closest to the place where the warrant of arrest is to be executed, and they shall be bound to comply with the submissions contained in the warrant. If the person charged cannot be arrested, the arrest warrant shall be served on his/her last place of residence and a report on unsuccessful searches shall be drawn up. This report shall be drawn up in the presence of the two nearest neighbours of the person charged or the defendant whom the bearer of the warrant can find. These neighbours shall sign or if they do not know how or do not want to sign, note shall be made thereof in the report. The bearer of the arrest warrant shall ensure that his/her report is signed by the Mayor or one of his/her deputies or the Head of the Administrative Constituency, and shall leave a copy of the report with him/her. The warrant of arrest and the report shall then be forwarded to the issuing judge or to the court registry. ART 120: The investigating judge may issue a detention warrant only after the questioning and if the offence includes a prison sentence or other heavier punishment. The officer tasked with the execution of the detention warrant shall hand over the person charged to the Superintendent of the remand prison, who issues him/her an acknowledgement that the person charged was effectively handed over. ART 121: Failure to comply with the formalities prescribed for bench warrants, detention warrants and arrest warrants shall be punishable with a civil fine of 5,000 francs imposed on the Registrar by the President of the Indictment Chamber. It may give rise to disciplinary pena lties or to an action for miscarriage of justice against the investigating judge or the State Counsel. 24