ART 343: The president shall present successively, for deliberation, the various questions asked during the hearing. When the discussion is over, he/she shall collect votes on each of the questions. The court and assessors shall deliberate and then vote using a single colour ballot, written and through distinct and successive votes on the main issue and where applicable on each of the mitigating circumstances, on the subsidiary issues, on each of the legal excuse acts and lastly on the issue of mitigating circumstances, that the president has to raise every time the accused's guilt has been acknowledged. Magistrates and assessors shall each receive, as far as each of them is concerned, an open ballot bearing the court's stamp and the following words: "on my honour and conscience, my declaration is...... ". He/she shall write on the white part, either the word "yes" or the word "no" such that no one can see the vote written on the ballot. The ballot paper written and closed by the relevant person shall be handed to the president who puts in a ballot box meant for this purpose. ART 344: The president shall count each vote right away and state the result of the vote on the margin or after the resolved question. In case there is a dispute, a polling officer shall be appointed by the majority and through a vote by show of hands among assessors to verify the ballots and the votes cast. Blank ballot papers or ballot papers declared null by the majority shall be counted as favourable to the accused. Any ballot paper on which no vote has been cast shall be considered blank. A ballot paper shall be considered null if it contains cancellations, insertions or expresses contradictory choices, indicates through implicit or explicit signs the voter's identity. Ballot papers shall be burnt immediately after vote counting is over. ART 345: Judges and assessors shall deliberate together on issues of fact resulting from the referral order or proceedings and on the application of the sentence. Judges shall rule independently on issues of jurisdiction, legal or procedural incidents, claims for damages and regarding offences committed at the hearing. ART 346: The decision of guilt shall be taken based on a simple majority. However, as concerns mitigating circumstances, any decision, which does not favour an accused facing the death penalty, shall be taken based on a majority of at least five votes. Section Il - Decision in Criminal Proceedings ART 347: The court of assizes shall then return to the courtroom. The president shall have the accused appear and the court registrar shall read out the court's declaration in his/her presence. When the accused is declared not guilty, the president shall state t hat he/she has been acquitted of the accusation and order his/her release, if he/she is not being held for any other reason. ART 348: Any person acquitted as per the law may no longer be arrested or accused for the same act. ART 349: When charges are brought against the accused in the course of proceedings due to other acts resulting from documents, or witness testimonies, the president may order that the accused should either, by law enforcement, be immediately brought before the state counsel or the Justice of the Peace with extended jurisdiction of the seat of the court of Assizes . This magistrate shall immediate require that a criminal investigation should be opened. ART 350: When the accused is found guilty, the Public Prosecutor shall petition the court to apply the law. 56