ART 443: State Counsels shall have all formal judgements issued to them every month and, in case this
article is not respected, they shall prepare a report for the required compliance.
ART 444: The defendant, the party claiming damages or the person civilly liable may table an
application to the court hearing the matter for the return of objects held by judicial authorities.
The court may of its own motion order the return.
ART 445: Whoever other than the defendant, the party claiming damages or the person civilly liable
who claims to be entitled to the objects held by judicial authorities may also apply to the court handling
the case for the objects to be returned.
Only reports relating to the seizure of objects may be sent to this person. The court
shall, in a separate ruling, decide regarding the parties th at have been heard.
ART 446: Should the court agree to the return of the said objects, it may take any interim measures to
ensure, until the final decision on the merits, describe the returned objects.
ART 447: Should the court think that the objects held by judicial authorities are useful to discover the
truth, it shall suspend ruling until its decision on the merits.
In this case, the judgement shall be final and unappealable.
ART 448: A judgement dismissing an application for the return of objects held by judicial authorities may
be appealed by the person who made the application.
A judgement granting the application for the return of objects held by judicial authorities may be
appealed by the public prosecutor, the defendant, the person civilly liable, or the party claiming
damages who will be adversely affected by this decision.
This case may be referred to the court of appeal only after the court of first instance has ruled
on the merits.
ART.449: The court that heard the case shall still be competent to order the return of objects held by
judicial authorities, if no remedy has been exercised against the judgement on the merits.
It shall rule on motions presented by whoever claims that he/she is entitled to an object, or at
the request of the State Prosecution.
Its decision may be referred to the court of appeal in accordance with the provisions of article
433.
ART 450: When the court of appeal is called upon to rule on the merits of a case, it shall be competent
to rule on the returns subject to the conditions provided for by articles 444 to 447.
It shall still be competent even after the final decision on the merits.
PART VIII
SIMPLE OFFENCE COURTS
CHAPTER ONE - THE COMPETENCE OF THE SIMPLE OFFENCE COURT
ART 451: Simple offences shall refer to acts that may elicit either a fine of 18,000 francs or more, or
imprisonment of ten days or more, whether or not the things seized are confiscated and irrespective of
the value.
However, simple offences shall also refer to offences that the law has formally placed under
the competence of the judge for summary offences irrespective of the stipulated sentence.
ART 452: The courts of first instances and justices of the peace with wide competence in the places of
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