The party claiming damages shall petition the court for restitution and damages. ART 351: The president shall ask the accused whether he/she has something to say in his/her defence. The accused or his/her counsel shall no longer be able to argue that the act does not exist. He/she may only argue that it is not prohibited by or considered a crime by the law, or that it does not call for the sentence that the Public Prosecutor wants applied, or that it does not entail paying damages to the party claiming damages, or lastly that this party is claiming blatantly high damages. The hearing shall be suspended. ART 352: The court and assessors shall withdraw to deliberate on the sentence to be applied. In case the accused is found guilty and if after two rounds of voting, no sentence has been voted for by the majority, a third round of voting shall be organised during which the most severe sentence proposed during the previous round will be left out. The voting shall continue until a se ntence is proposed to the majority of voters. If the act is prohibited, the court shall hand down the sentence provided for by law, even in cases where, according to the proceedings, the court of assizes is longer competent to hear the case. In the event of conviction for several felonies or misdemeanours, only the most severe sentence shall be handed down. ART 353: When the accused has been declared excusable, the court of Assizes shall order his/her discharge in accordance with the Penal Code. ART 354: An accused person found guilty shall be ordered to pay costs to the State and party claiming damages. ART 355: The Court shall resume its proceedings and the ruling shall be read out aloud by the president in the presence of the public and the accused. The president shall have to state the law on which the ruling is based. ART 356: After he/she has read out the ruling, the president may, depending on the circumstances, appeal to the accused to change his/her behaviour. He/shall inform the accused that he/she can appeal on points of law and give him/her the period for this appeal. ART.357. During the appeal period and, if there is a remedy until receipt of ruling by the Supreme Court, the enforcement of the Court of Assizes' ruling, excluding civil sentences, shall be stayed. Section III - Decision in Civil Proceedings ART 358: An acquitted accused person may obtain damages for libel, against those who reported him/her, without the possibility for the members of the powers-that-be to be tried for their opinions, which they have to give concerning misdemeanours that they genuinely thought they came to know of in the exercise of their duties, and unless an appeal has been filed against them for conflict of interest. The public prosecutor shall, at the request of the accused, have to inform him/her about those who reported him. ART 359: Claims for damages brought either by the accused against those who reported him/her or the party claiming damages, or by the party claiming damages against the accused or the convicted person shall be brought before the Court of Assizes. 57

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