Togo(en) - Revision history

IBJadmin: /* The right to be tried within a reasonable time */

2019-08-05T15:16:00Z

The right to be tried within a reasonable time

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	Under Togolese law, the right of every person to have his case heard and decided within a reasonable time is enshrined in article 19, paragraph 1, of the Constitution. Indeed, the reasonable length of the proceedings preserves the credibility of the justice system and its effectiveness.		Under Togolese law, the right of every person to have his case heard and decided within a reasonable time is enshrined in article 19, paragraph 1, of the Constitution. Indeed, the reasonable length of the proceedings preserves the credibility of the justice system and its effectiveness.

	According to a report prepared in 2012 by the Inspectorate General of Judicial and Penitentiary Services, more than 70% of prisoners in prisons are pre-trial detainees . In criminal cases, proceedings last at least 36 months and can last up to 7 years. According to article 112 of the Code of Criminal Procedure,''preventive detention is an exceptional measure and, when ordered, certain rules must be observed with regard to its duration''.		According to a report prepared in 2012 by the Inspectorate General of Judicial and Penitentiary Services, more than 70% of prisoners in prisons are pre-trial detainees<ref>http://news.alome.com/h/96663.html</ref>. In criminal cases, proceedings last at least 36 months and can last up to 7 years. According to article 112 of the Code of Criminal Procedure,''preventive detention is an exceptional measure and, when ordered, certain rules must be observed with regard to its duration''.

	===The abolition of the death penalty===		===The abolition of the death penalty===

IBJadmin: /* The appeal and the appeal in cassation */

2019-08-05T15:15:00Z

The appeal and the appeal in cassation

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	===The appeal and the appeal in cassation===		===The appeal and the appeal in cassation===

			Only judgments of the Court of First Instance, which has jurisdiction over offences and contraventions, may be appealed to the Court of Appeal if they are not subject to opposition. The Court of Assize shall decide in first and last instance.

			The right to appeal belongs to the accused, the person liable under civil law, the plaintiff only in respect of his civil interests and the Public Prosecutor. Pursuant to article 371 of the Code of Criminal Procedure, the time limit for appeal is 15 days from the delivery of the contradictory judgment, the service of the judgment deemed contradictory in person or at home, the day on which the party has personal knowledge of the judgment means otherwise than to his person or at his domicile, the expiry of the opposition period for judgments by default. The time limit for appeal by the Public Prosecutor is three months from the date of delivery of the judgment (Article 373 of the Code of Criminal Procedure). However, this time limit shall not prevent the enforcement of the sentence.

			There are two extraordinary remedies provided for in the Togolese Code of Criminal Procedure:

			'''- the pourvoi de cassation:''' The Judicial Chamber of the Supreme Court hears pouvois de cassations against decisions of the courts in criminal matters (Article 11 of Organic Law No. 97-005 of 6 March 1997 on the organisation and functioning of the Supreme Court). However, after the courts and courts of appeal, the latter does not constitute a third level of jurisdiction: it rules only in law without retrial of the facts of the case. Pursuant to article 20 of Organic Law No. 97-005, the time limit for appealing to the Supreme Court is eight days from the date of service of the judgment of the Court of Appeal. It can be formed by all parties to the criminal proceedings. With the exception of the civil aspects of the contested decision, the appeal and the time limit for appealing are suspensive.

			'''- The request for review:''' The request for review is possible for the benefit of any person convicted of a crime or misdemeanour under certain conditions set out in article 408 of the Code of Criminal Procedure. The revision procedure is set out in articles 409 to 412 of the Code of Criminal Procedure. The review is the responsibility of the Judicial Chamber of the Supreme Court.

IBJadmin: /* The judgment */

2019-08-05T15:14:28Z

The judgment

← Older revision		Revision as of 17:14, 5 August 2019
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	===The judgment===		===The judgment===

			The judgment is delivered either at the hearing at which the proceedings took place or at a later date. The civil action cannot be decided even by judgment before it has been decided on the criminal action. If the court considers that the act being prosecuted constitutes an offence, then it imposes the penalty; if, on the other hand, it considers that the act being prosecuted does not constitute an offence under criminal law, or that the act is not established, or that it is not attributable to the accused, it shall dismiss the accused for the purposes of prosecution.

	===The appeal and the appeal in cassation===		===The appeal and the appeal in cassation===

IBJadmin: /* Debates */

2019-08-05T15:14:15Z

Debates

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	===Debates===		===Debates===

			The President directs the debates and exercises the police of the hearing in accordance with the provisions of Ordinance No. 78-35 of 7 September 1978 on the organization of the judiciary. It shall establish the identity of the accused and shall give notice of the act which brought the case before the Court.

			An accused person cited for an offence punishable by a fine or imprisonment of less than two years may be represented by a lawyer. However, the assistance of legal counsel is mandatory when the accused is materially unable, as a result of infirmity, to defend himself under normal conditions. The President then makes an ex officio appointment and the defender may only be chosen from among Togolese lawyers or from among foreign lawyers admitted to plead before Togolese courts.

			The constitution of a civil party is the result either of a formal statement before the investigating magistrate or before the Court, or of a direct summons at the victim's request, or of a written request for damages submitted to the Court by post or through a lawyer. The person who has filed a civil suit may no longer be heard as a witness.

			Offences can be established by any form of evidence and the judge decides on the basis of his or her strong conviction. A judge may only base his decision on evidence provided during the debates and discussed contradictorily before him. The confession is left to the judge's discretion.

			With regard to the appointment of an expert, the Tribunal may do so if it considers it necessary.

			With regard to witnesses, any person summoned to be heard as a witness is required to appear, take an oath and give evidence. Witnesses shall, at the request of the President, disclose their surname, first names, age, profession and domicile, whether they are relatives or allies of the accused, the person liable under civil law or the plaintiff and whether they are in their service. Before starting their testimony, witnesses are sworn in. They shall file orally, but may exceptionally use documents.

	===The judgment===		===The judgment===

IBJadmin: /* Before the Court of First Instance */

2019-08-05T15:13:53Z

Before the Court of First Instance

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	===Before the Court of First Instance===		===Before the Court of First Instance===

			The Court of First Instance hears offences and fines.

			Before the start of the proceedings, objections to the invalidity of either the summons or the previous proceedings must be presented in limine litis before any defence to the merits.
			A summary procedure, provided for in articles 272 to 275 of the Code of Criminal Procedure, applies to defendants in flagrante delicto or after preliminary investigation for defendants who have acknowledged before the Public Prosecutor's Office the materiality of the criminal acts being prosecuted.

			The Court of First Instance shall sit as a single judge. Representation by a lawyer is not required, but the accused person cited for an offence punishable by a fine or imprisonment of less than two years may be represented by a lawyer (article 287 of the Code of Criminal Procedure).
			The civil party may, in support of its constitution, claim damages corresponding to the damage it has suffered. The person who has filed a civil suit may no longer be heard as a witness.

			A judge may base his decision, according to his or her firm conviction, only on evidence provided to him or her during the debates and discussed contradictorily before him or her. The confession is left to the judge's discretion.

			Witnesses are governed by articles 310 to 330 of the Code of Criminal Procedure. Any person summoned to be heard as a witness is required to appear, take an oath and give evidence (article 88 of the Code of Criminal Procedure). Witnesses give oral evidence. However, they may exceptionally use documents with the authorization of the President.

	===Debates===		===Debates===

IBJadmin: /* Before the Assize Court */

2019-08-05T15:13:33Z

Before the Assize Court

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	===Before the Assize Court===		===Before the Assize Court===

			The role of the Assize Court is to try individuals referred to it in criminal matters.

			It is composed by the Court, stricto sensu, (composed of two assessors and a President), as well as by a popular jury of six people. The composition of the jury is governed by articles 210 to 221 of the Code of Criminal Procedure. It is possible for the parties to request that a juror be challenged (Article 218). Jurors must take an oath in accordance with article 228 of the Code of Criminal Procedure.
			A lawyer is mandatory before the Court under article 222 of the Code of Criminal Procedure. If the accused does not designate one, he or she shall be appointed ex officio by the Court in accordance with article 186 of the Code of Criminal Procedure.

			Before the opening of the session, the parties may request the calling of new witnesses in accordance with article 225 of the Code of Criminal Procedure.
			The President directs the debates and ensures the police of the hearing. As such, he is vested with discretionary power to take all measures to discover the truth and demand the immediate execution of these measures (article 233 of the Code of Criminal Procedure). Like assessors and jurors, the parties may put questions to witnesses and other parties through the President.

			The President questions the accused and receives his statements. He has a duty not to express his opinion on guilt (article 241 of the Code of Criminal Procedure); this duty also falls to assessors and jurors (article 234 of the Code of Criminal Procedure). The Public Prosecutor's Office may put questions directly to the parties and witnesses (article 235 of the Code of Criminal Procedure) and may take any requisitions it deems appropriate and the Court is required to deliberate on them.

			The accused is required to appear at the hearing and is questioned by the President. If he refuses to appear, he is judged contradictorily after being found by a bailiff.

	===Before the Court of First Instance===		===Before the Court of First Instance===

IBJadmin: /* Pre-trial criminal proceedings */

2019-08-05T15:13:03Z

Pre-trial criminal proceedings

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	==Pre-trial criminal proceedings==		==Pre-trial criminal proceedings==

			The Togolese criminal system has three categories of offences, defined in article 3 of the Criminal Code:

			- Fines: these are the least serious offences punishable by police penalties: criminal work for a period not exceeding two months and/or a fine not exceeding 30,000 francs.

			- offences: these are an intermediate category of offences punishable by criminal penalties of up to five years' imprisonment and/or a fine fixed by law for each offence, and

			- crimes: these are the most serious category of offences, punishable by criminal penalties of imprisonment (imprisonment between five and twenty years). The death penalty was abolished by Act No. 2009-011 of 24 January 2009 on the abolition of the death penalty in Togo. The rules of criminal procedure to be followed before the trial will depend on these categories of offences.

	===Investigations in the criminal procedural system in Togo===		===Investigations in the criminal procedural system in Togo===

			There are two types of investigations: the flagrante delicto investigation (articles 43 to 60 of the Code of Criminal Procedure) and the preliminary investigation (article 61 of the Code of Criminal Procedure). The flagrante delicto investigation takes place if certain conditions are met (as to the nature of the facts or the circumstances brought to the attention of the judicial police officer). Otherwise, there is a preliminary investigation.

			'''The investigation of flagrante delicto'''

			A crime or flagrant offence is defined as a crime or misdemeanour that is currently being committed or has just been committed. There is also a flagrant crime or misdemeanour when, in a time very close to the action, the suspected person is prosecuted by public clamour or is found in possession of objects that show traces or signs of involvement in the crime or misdemeanour (article 43 of the Code of Criminal Procedure). Articles 43 to 60 of the Code of Criminal Procedure set out the powers exercised by judicial police officers in flagrante delicto investigations.
			The notified judicial police officer must inform the Public Prosecutor and go to the scene of the offence. It then carries out the necessary investigative acts, more extensive than in preliminary investigation, in particular with regard to the carrying out of searches (with coercion and without consent). It may subsequently summon persons and place them in police custody for a maximum period of 48 hours under ordinary law.

			'''The preliminary investigation'''

			In the context of the preliminary investigation (article 61 of the Code of Criminal Procedure), as long as there is no flagrante delicto, all these steps can also be carried out by the judicial police officer. Indeed, article 61 of the Code of Criminal Procedure provides that "the provisions of the previous chapter [on the investigation of flagrante delicto] are applicable to the preliminary investigation". Articles 43 to 60 of the Code of Criminal Procedure therefore apply to the preliminary investigation. Nevertheless, where a search is necessary, the consent of the person at whose home it is carried out must be required.

	===The investigating judge===		===The investigating judge===

			Preparatory investigation is mandatory in matters of crime and optional in matters of misdemeanour (article 62 of the Code of Criminal Procedure). The investigating judge has the power to charge any person who has taken part, as perpetrator or accomplice in the acts referred to him/her (article 63 of the Code of Criminal Procedure).

			The investigating judge may only inform after having been informed by an indictment of the Public Prosecutor or by a complaint with a civil action.

			The investigating judge hearing the case shall carry out all acts of information which he considers useful for establishing the truth. If it is unable to carry out all the investigative measures itself, it may issue letters rogatory to judicial police officers so that they may carry out the necessary information measures under certain conditions (article 64 of the Code of Criminal Procedure).

	===The constitution of a civil party===		===The constitution of a civil party===

			At any time during the investigation, any person claiming to have been harmed by a crime or misdemeanour may file a civil suit with the competent investigating judge (articles 68 and 70 of the Code of Criminal Procedure). The latter communicates the complaint to the Public Prosecutor who must issue an indictment, against named or unnamed persons, within 48 hours.

	===Transportation, searches and seizures===		===Transportation, searches and seizures===

			Pursuant to article 75 of the Code of Criminal Procedure, the investigating judge may travel to the premises to make any relevant findings or carry out searches. He shall give notice thereof to the Public Prosecutor, who may accompany him. Searches are carried out in all places where objects may be found whose discovery would be useful for the manifestation of the truth.
			All seized objects and documents shall be immediately inventoried and placed under seal.

	===The hearing of witnesses===		===The hearing of witnesses===

			The investigating judge may summon before him all persons whose testimony seems useful to him. Witnesses take an oath to tell the whole truth, nothing but the truth. Children under the age of 16 are heard without taking an oath.

			Any person summoned to be heard as a witness is required to appear and take an oath (subject to the provisions of the Criminal Code protecting professional secrecy). If the witness does not appear, the investigating judge may, at the request of the Public Prosecutor, compel him to do so by the police.

	===Questions and confrontations===		===Questions and confrontations===

			At the first appearance, the investigating judge shall establish the identity of the accused, expressly inform him of each of the facts imputed to him and warn him that he is free not to make any statement. The detained accused may immediately after the first appearance communicate freely with his or her counsel. No restrictions may be placed on it at any time during detention, either before or after trial.
			The accused and the plaintiff may not be heard or confronted unless they expressly waive it only in the presence of their counsel or duly summoned.

			===Warrants and their execution===

			The investigating judge may, as the case may be, issue a warrant for appearance, bringing, arrest or detention. The warrants are enforceable throughout the territory of the Togolese Republic.
			The purpose of the appearance warrant is to give the accused a formal notice to appear before the investigating judge on the date and at the time indicated by the warrant. The investigating judge shall immediately question the accused person who is the subject of an appearance warrant.

	~~===Mandates and their execution===~~		The warrant to bring is the order given by the judge to the police to immediately bring the accused before him.

			The warrant of detention is the order given by the judge to the chief supervisor of the remand centre to receive and detain the accused.

			The arrest warrant is the order given to the police to search for the accused and take him to the arrest house indicated on the warrant, where he will be received and detained.

	===Preventive detention===		===Preventive detention===

			Preventive detention is an exceptional measure, applicable in the context of the preparatory investigation, governed by articles 112 to 124 of the Code of Criminal Procedure. It is up to the investigating judge to decide on the placement in pre-trial detention, under the supervision of the indictment division of the Court of Appeal (appeal period of three days from the date of notification of the decision), if the facts are punishable by a prison sentence of more than three months (article 110 of the Code of Criminal Procedure).

			It is important to note that the duration of preventive detention is not limited by the Code of Criminal Procedure, except in two cases: - In criminal matters, where the maximum penalty provided for by law is less than two years' imprisonment, an accused person domiciled in Togo may not be detained more than ten days after his first appearance before the investigating judge, if he has not already been sentenced either for a crime or to a sentence of more than three months without suspension for ordinary offences. - In all other cases, as long as the duration of preventive detention reaches half of the maximum penalty and the accused is a first offender.

			The Code of Criminal Procedure provides for the possibility of requesting release at any time for the accused, his counsel or the Public Prosecutor. In these cases where release is not a right, under article 119 of the Code of Criminal Procedure, it may be subject to specific obligations set by the judge, such as:

			1- the payment of a bond to guarantee the payment of civil damages and legal costs or the representation of the accused.

			2- the obligation to reside in a specific place

			3- the prohibition to frequent certain places or establishments.

			4- the exercise of regular work

			5- the obligation to undergo medical treatment or detoxification,

			6- the temporary suspension of the right to drive a motor vehicle,

			7- the temporary suspension of a hunting licence or a weapons licence.

	===The Letter of Request===		===The Letter of Request===

			Letters rogatory are governed by articles 125 to 130 of the Code of Criminal Procedure. The investigating judge may, by letter rogatory, request any competent judicial police officer within his jurisdiction or any investigating judge, in the case of acts to be performed outside his jurisdiction, to carry out such acts of information as he considers necessary in the places subject to the jurisdiction of each of them. The

			Letter of Request shall indicate the nature of the information that is the subject of the proceedings. It shall be dated and signed by the magistrate who shall issue it and bear his seal.
			It may only prescribe investigative measures directly related to the prosecution of the offence in question. Judges or judicial police officers appointed for the purpose of execution shall exercise, within the limits of the Letter of Request and within the limits of Article 126, paragraph 2 et seq. of the Code of Criminal Procedure, all the powers of the investigating judge.

	===Expertise===		===Expertise===

			The expertise is governed by articles 131 to 142 of the Code of Criminal Procedure. Any investigating or trial court in the event of a technical question may, either at the request of the Public Prosecutor's Office or of its own motion, or at the request of the parties, order an expert report. Where the investigating judge considers that he or she should not grant a request for expertise, he or she must issue a reasoned order. The experts shall carry out their mission under the supervision of the investigating judge or magistrate appointed for that purpose by the court that ordered the expertise.

	===Nullity of information===		===Nullity of information===

			The nullity of the information is established in articles 143 to 147 of the Code of Criminal Procedure. If the provisions relating to the conduct of an interrogation or the right of defence are not respected, the acts are annulled. The annulled acts are removed from the information file and filed at the registry of the Court of Appeal. It is forbidden to draw any information from it against the parties to the debate, under penalty of forfeiture for judges and disciplinary sanctions for defenders.

	==Procedure during the trial==		==Procedure during the trial==

IBJadmin: /* The rights of the accused */

2019-08-05T15:09:28Z

The rights of the accused

← Older revision		Revision as of 17:09, 5 August 2019
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	===Free Justice===		===Free Justice===

			Access to justice is free of charge. Under article 10, paragraph 1, of Ordinance No. 78-35 of 7 September 1978, "Justice is free of charge, subject to stamp and registration duties, the fees of judicial officers and the costs incurred for the investigation of trials or the enforcement of judicial decisions. These costs shall be borne by the unsuccessful party, the advance shall be made by the party to whose benefit they are incurred.

			In criminal matters, when the civil party initiates public proceedings by direct summons, it is required, if it has not obtained legal aid and under penalty of inadmissibility of its complaint, to deposit at the registry the sum fixed by order of the investigating judge (article 71 of the Code of Criminal Procedure). A tendency to set excessive costs in order to discourage complainants in certain types of cases has been identified, whereas, at present, Togolese litigants are not eligible for legal aid. Other costs incurred in the course of the procedure shall be borne by the Treasury.

	===Principle of legality and non-retroactivity of criminal law===		===Principle of legality and non-retroactivity of criminal law===

			Article 19 of the Constitution provides that "no one may be convicted of acts that did not constitute an offence at the time they were committed". Article 3 of the Criminal Code provides that "no one may be prosecuted or punished for a crime or offence the elements of which are not defined by law, or for a contravention the elements of which are not defined by regulation. No one may be punished with a penalty that is not provided for by law, if the offence is a crime or misdemeanour, or by regulation, if the offence is a contravention.

	===The right to be tried within a reasonable time===		===The right to be tried within a reasonable time===

			Under Togolese law, the right of every person to have his case heard and decided within a reasonable time is enshrined in article 19, paragraph 1, of the Constitution. Indeed, the reasonable length of the proceedings preserves the credibility of the justice system and its effectiveness.

			According to a report prepared in 2012 by the Inspectorate General of Judicial and Penitentiary Services, more than 70% of prisoners in prisons are pre-trial detainees . In criminal cases, proceedings last at least 36 months and can last up to 7 years. According to article 112 of the Code of Criminal Procedure,''preventive detention is an exceptional measure and, when ordered, certain rules must be observed with regard to its duration''.

	===The abolition of the death penalty===		===The abolition of the death penalty===

			The death penalty was abolished by Act No. 2009-011 of 24 January 2009 on the abolition of the death penalty in Togo. Togo is the 15th member country of the African Union and the 94th country in the world to abolish the death penalty for all crimes.

	===Procedural guarantees===		===Procedural guarantees===

			====The prohibition of arbitrary arrests====

			Article 15 of the Togolese Constitution prohibits arbitrary arrest and detention. Anyone who is arrested without a legal basis or detained beyond the time limit for police custody may, at his request or at the request of any interested party, bring the matter before the judicial authority which decides on the legality or regularity of the measure.

			====The right to be examined by a doctor====

			Article 16 of the Constitution provides that the accused or detainee has the right to be examined by a doctor of his or her choice.

			====The time limit for police custody====

			Police custody is regulated in the Code of Criminal Procedure by articles 52 and next. Its duration varies according to the gravity of the infringement and its complexity. In principle, it is 48 hours, renewable once, and may, exceptionally, go beyond that, up to 15 days, in the case of complex cases (drugs with foreign ramifications), pursuant to articles 52 of the Code of Criminal Procedure and 126 of Act No. 98-008 of 18 March 1998 on drug control.

			However, it must be noted that very often judicial police officers greatly exceed this period of police custody before the defendant is brought before the public prosecutor. The exception (beyond 48 hours) often becomes the rule. This situation is most often due to non-compliance with the provisions of articles 11, 18, 44 and 52 of the Code of Criminal Procedure, which require judicial police officers, in the context of their criminal or correctional proceedings, to inform the Public Prosecutor or the judge in charge of the Public Prosecutor's Office. This obligation to provide information is all the more imperative when it comes to taking or extending police custody measures. The serious consequence of the lack of information is that police custody measures are completely beyond the control of the prosecutor or the judge in charge of the public prosecutor's office.

	===Presumption of innocence===		===Presumption of innocence===

			This principle is provided for in article 18 of the Constitution, which states that "Every accused person shall be presumed innocent until proven guilty following a trial that provides him with the guarantees necessary for his defence. The judiciary, as guardian of individual freedom, ensures compliance with this principle under the conditions provided for by law.

			The principle of presumption of innocence is based on article 11 of the 1948 Universal Declaration of Human Rights (enshrined in the Preamble to the Togolese Constitution), which provides that "Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law in a public trial at which he has been afforded all the guarantees necessary for his defence....".

	===The rights of the defence===		===The rights of the defence===

			The rights of the defence include the right to be informed of the charges against you, to have access to your file, to be represented by a lawyer, to have prosecution and defence witnesses heard, and to have the assistance of an interpreter, if necessary. In Togo, article 11, paragraph 1, of Ordinance No. 80-11 of 9 January 1980 on the exercise of the legal profession provides that: "Lawyers shall be grouped into a bar association per court of appeal administered by a council of the Bar elected for three years...".

			In practice, and despite the possibility of creating a bar in Kara, where the second court of appeal is located, there is only one bar based in Lomé, the city where lawyers are concentrated. Apart from criminal cases in which lawyers can be appointed, it is therefore difficult for litigants to be assisted by a lawyer. The absence of a bar and therefore of lawyers outside Lomé is likely to hinder the rights of the defence.

	===Information on the inculpation charges===		===Information on the inculpation charges===

			According to article 17 of the Constitution, "Any arrested person has the right to be immediately informed of the charges against him/her". Thus, the accused must be informed of the nature and cause of the charge against him or her, in detail, in a language he or she understands, and must have the time and facilities necessary to prepare his or her defence. In practice, the accused is rarely informed of the charges against him or her at the time of arrest. It is only at the level of the public prosecutor and the investigating judge that notification traditionally takes place.

	===The right to have witnesses heard===		===The right to have witnesses heard===

			The accused shall have the right to call witnesses for the prosecution and the defence under the same conditions. However, this right is not absolute and does not allow the summoning or questioning of any witness for the prosecution or defence. It may be limited, if necessary, in the interest of the proper administration of justice. Thus, the defendant obviously cannot call false witnesses.

	==Pre-trial criminal proceedings==		==Pre-trial criminal proceedings==

IBJadmin: /* The trial courts */

2019-08-05T15:06:01Z

The trial courts

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	The trial courts in criminal matters are:		The trial courts in criminal matters are:

	- The correctional chambers of the courts of first instance, competent to judge contraventions and offences at first instance		- The correctional chambers of the courts of first instance, competent to judge contraventions and offences at first instance

IBJadmin: /* The trial courts */

2019-08-05T15:05:52Z

The trial courts

← Older revision		Revision as of 17:05, 5 August 2019
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	===The trial courts===		===The trial courts===

			The trial courts in criminal matters are:
			- The correctional chambers of the courts of first instance, competent to judge contraventions and offences at first instance

			- the sitting courts, competent to judge crimes at first instance

			- the courts of appeal, and

			- the Supreme Court.

	==Legal aid situation==		==Legal aid situation==