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| | All correspondences and messages meant for the Head of State cannot be intercepted or listened to. | | All correspondences and messages meant for the Head of State cannot be intercepted or listened to. |
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| − | TEXTE
| + | '''Sub-section 7. Communication and co-operation in the course of investigation.''' |
| − | Chapter 1. PRELIMINARY PROVISIONS
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| + | '''Article: 77''' |
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| − | Article: 1 (Organic Law no 20/2006 of 22/04/2006)
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| − | This law governs criminal investigation and prosecution aimed at imposing penal sanctions against acts that contravene the penal law.
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| − | Criminal judgements must be held in public audience, be fair, impartial, comply with the principle of self defense, cross examination, treat litigants equal in the eyes of the law, base on evidences legally produced and be rendered without any undue delay.
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| − | Section 1. Actions arising from offences
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| − | Sub-section 1. Criminal action
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| − | Article: 2
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| − | A criminal action is one brought in the name of the public, before a criminal court, seeking to impose punishment on an individual convicted of having committed a criminal offence.
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| − | Such an action is prosecuted by the Prosecution.
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| − | It can also be prosecuted by the victim, by filing a claim directly to a criminal court without basing his or her claim on the prosecution.
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| − | Article: 3
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| − | A criminal action abates upon death of the offender, in case of prescription of offence, when there is amnesty, when a law is repealed or following a court's final judgment on a particular offence.
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| − | In case the law provides otherwise, the action can also be extinguished if the defendant accepts to pay a fine without trial or in case a complainant withdraws his or her claim.
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| − | Article: 4 : ( Organic Law no 20/2006 of 22/04/2006)
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| − | Apart from criminal action against murder and violence against children that are unprescriptible, or where the law provides otherwise, a criminal action shall be extinguished :
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| − | Prescription of prosecution of an offence starts to run from the day on which the offence was committed when during that interval there have not been any measures of criminal investigation or prosecution conducted.
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| − | Article: 5
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| − | In this law, an investigative measure refers to all actions which are meant to search for offences, to collect evidence whether for the prosecution or the defence, as well as those of examining whether to prosecute the accused for trial or not.
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| − | Likewise actions of prosecution of offences shall mean all actions which are meant for instituting proceedings before courts of law, summoning parties, the appearing in courts, preparation of trial, hearing as well as exercising the procedures of appeal.
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| − | Article: 6
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| − | In regard to instantaneous offences, the prescription of prosecution of an offence starts to run from the day on which the offence was committed.
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| − | In respect of continuous offences, the prescription of prosecution of an offence starts to run from the day on which the last criminal act was completed.
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| − | When several acts constitute a common intent to prosecute an unlawful purpose, the prescription of prosecution of an offence starts to run from the day on which the last criminal act was committed.
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| − | Article: 7
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| − | The prescription of prosecution of an offence is suspended by acts of investigation or prosecution measures, if they are carried out within the time prescribed under article 4 of this law.
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| − | If, meanwhile, there has been any criminal action, the prosecution prescription starts to run again from the day of the last criminal act until the time provided thereof.
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| − | The same applies to the accused who may not have been implicated in the investigation or any prosecution.
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| − | Article: 8
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| − | Prescription of prosecution of an offence is suspended whenever the proceeding is interrupted by an inevitable obstacle provided for by the law or by a case of force majeur.
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| − | When such an obstacle is removed, the prescription time suspended from the day of the occurrence of the obstacle to its removal continues to run.
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| − | Sub-section 2. Civil action
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| − | Article: 9
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| − | A civil action is an action filed to seek redress for damage caused by the offence.
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| − | Such an action is solely aimed at seeking civil damages.
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| − | It is brought in the manner provided for under this law.
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| − | Article: 10
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| − | Any person who has been injured by an offence can file a civil action. Such a person can be a natural or legal person, whether public or private.
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| − | However, associations, which have been legally constituted to fight against violence, can exercise the right avallable to civil parties on behalf of a victim, claiming damages arising from the offences.
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| − | Article: 11
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| − | Civil action can be brought against principal offenders, their accomplices and accessories as well as against those liable to pay for the damages.
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| − | They can also be brought against successors to the estates of offenders.
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| − | Article: 12
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| − | When a civil action has been brought in a criminal court, the procedure to be followed in respect of civil claims is that applicable to civil cases.
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| − | Article: 13
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| − | When a civil action is brought in a criminal court, the court may, on its own motion or upon application by any of the parties, separate the civil action from criminal proceedings when the civil claim is likely to prejudice or delay the hearing of the criminal case.
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| − | Article: 14
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| − | Proceedings of the civil action are kept in abeyance as long as the criminal case has not been finally determined, whether the criminal proceedings were instituted before or in course of the civil proceedings.
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| − | Article: 15
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| − | A civil action arising from a criminal offence becomes time-barred after five (5) years from the time when the offence was committed.
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| − | However, if the prescription of a civil action precedes the prescription of a criminal action, a civil action becomes time-barred at the same time with that of the criminal offence.
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| − | Article: 16
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| − | A civil action cannot be brought before a criminal court after prescription of prosecution of a criminal case.
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| − | However, when a criminal court has been seized with civil actions, it can, when there are sound prosecution evidence, proceed with its trial if the criminal action has been time-barred, if the accused died, in case of commission of an offence or in case of amnesty.
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| − | Article: 17
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| − | The waiver of a civil action does not bar the prosecution of a criminal case.
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| − | Section 2. Services responsible for prosecution
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| − | Sub-section 1. The Judicial Police
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| − | a. a) Organisation of the Judicial Police
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| − | Article: 18
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| − | Criminal investigation and prosecution are carried out by judicial police officers under the control and supervision of the Prosecution Service.
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| − | The Criminal Investigation and Prosecution shall always communicate to the victim his/her right to claim for damages.
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| − | Article: 19
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| − | The Judicial police is responsible for investigation of crimes, receiving complaints and documents relating to the offences, gathering evidence for the prosecution and defence and, searching for perpetrators of the crimes, their accomplices and accessories so that they can be prosecuted by the Prosecution.
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| − | Article: 20
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| − | The Judicial Police shall comprise the following:
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| − | Such judicial police officers shall perform their duties only in particular offences assigned to them and within their jurisdictions.
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| − | They are governed by regulations relating to their initial professions.
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| − | However, in the discharge of their judicial police functions, provisions of article 3 of this law shall be applicable. In case of military Judicial police officer, he or she is directed and supervised by the Military Prosecution.
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| − | b. ) Responsibilities of the Judicial Police
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| − | 1. Investigation by Judicial Police officers
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| − | Article: 21
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| − | Unless the law provides otherwise, the process of criminal investigation and the search for evidence are carried out in secrecy.
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| − | Any person who is involved in the process of criminal investigation is under obligation to observe professional secrecy in the manner provided for under the penal code.
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| − | Article: 22
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| − | Judicial police officers shall commence criminal investigation on their own initiative, following a complaint or upon instructions from the public prosecution.
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| − | They are responsible for conducting criminal investigation in the first instance. However, if they refuse to receive a complaint or to conduct investigation on it without any cause, the person who filed the complaint in the judicial police may take the complaint direct to the public prosecution.
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| − | Article: 23
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| − | A complaint can be made to the judicial police either orally or in writing. When a complaint is made orally, it must be reduced into writing.
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| − | Article: 24
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| − | Upon receiving report about the commission of an offence, a Judicial Police Officer shall immediately visit the scene of the incident and take note of the commission.
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| − | If the offence committed is a felony or misdemeanour, the judicial police officer who receives the information shall immediately report it to the Prosecution Service.
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| − | Article: 25
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| − | A Judicial police officer must preserve evidence which is likely to disappear as well as all other facts which can serve to identify the truth. Any unauthorized person is strictly prohibited from altering the condition of the scene of crime or to remove anything from there before a Judicial Police Officer commences investigation.
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| − | However, for the sake of security and public health as well as rescuing the victim of the crime, it may be necessary to alter the state of the scene of the crime or remove some of the evidence.
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| − | Article: 26
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| − | A Judicial police officer interrogates suspects and records their statements. The interrogation is conducted in a language the suspect comprehends.
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| − | A Judicial police officer can as well interrogate any person presumed to have any detall to clarify, and compel him or her to give testimony, after oath, in the manner provided for by article 56 of this law. He or she can also deny any person from moving away from a specified area until a statement has been taken note of and, if necessary, to compel him or her to remain there.
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| − | Article: 27
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| − | Persons summoned by a judicial police office for investigation reasons are bound to appear before him or her. Fallure to do so, he or she may issue a warrant compelling them to appear. The warrant is valid for three (3) months renewable.
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| − | Article: 28
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| − | A Judicial police officer records in his or her statement the nature and circumstances under which offences were committed, the time and place where they were committed, evidence or clues for prosecution or defence and statements of persons who were present at the time of commission or who may have any other information to give.
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| − | A statement is concluded by the following written declaration: "I hereby declare that this statement contains nothing but the truth".
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| − | Article: 29
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| − | If a Judicial police officer, thinks that the nature of the evidence required is likely to be made up of papers and other documents and other things under the possession of the suspect or any other person, he or she can proceed to search where they are kept after obtaining a warrant from a public prosecutor.
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| − | If the prosecutor conducts search in an officer of a special profession, it shall be conducted in the presence of the person under search or his or her representative. If such a person is a member of a professional association, the search shall be conducted in presence of the representative of the association.
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| − | Article: 30
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| − | A Judicial police officer can seize property anywhere if it can be confiscated in accordance with the law, as well as any other property which can serve as evidence for the prosecution or defence. Seized property should be shown to the owner, so that he or she can acknowledge them.
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| − | A statement relating to the seizure should indicate the seized property and be signed by the person in possession and witnesses if any. In case of absence or inability of the possessor, or his refusal to sign on the statement of seizure, it shall be noted down in such a statement and the possessor shall be given a copy.
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| − | Article: 31
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| − | When seized property is of a perishable nature or can be depreciated or can cause a serious danger to people's health or their security or to property, a Public Prosecutor can, on his or her own initiative or upon application by an interested party, take any necessary preservation measures, make a statement thereof and its copy shall be given to the owner if possible and another copy shall be given to the Prosecutor General of the Republic or the Military Prosecutor General for the case of military statement.
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| − | Article: 32 | |
| − | If deemed necessary to carry out investigation on matters requiring special technical or scientific expertise, a Judicial Police Officer can enlist the assistance of experts qualified on the matter. An expert called as such, must swear to serve the course of Justice consciously and honourably before embarking on the exercise.
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| − | Article: 33
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| − | If a person is caught red-handed or taken to be committing an offence, any person, in the absence of a judicial police officer, can arrest such an offender and immediately take him or her to the nearest Judicial Police Officer.
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| − | A Judicial Police Officer who receives the person caught red-handed must complete his or her criminal case file within forty-eight (48) hours and send it to a competent public prosecutor, who, in turn, if necessary, institutes a suit within forty-eight (48) hours in a competent court.
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| − | For the purposes of investigation, the Prosecution Service can extend such a period to not more that twenty-four (24) hours.
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| − | The seazed Court must examine the case within fifteen (15) days from the reception of the case.
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| − | Article: 34
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| − | A person caught red-handed is the one caught in the course of committing an offence or immediately after committing it.
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| − | A person presumed to have been caught red-handed is one who is haunted with a hue and cry or is found in possession of property, arms, instruments or documents leading to the suspicion that he or she might be the one responsible for committing the offence or aided and abetted the author of crime, provided it is soon after the commission of the crime.
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| − | Article: 35
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| − | When a person unequivocally admits to have committed an offence, the provisions of article 33, paragraphs 2 and 3 of this law shall apply in the course of investigation and prosecution and the trial judge or magistrate can reduce the applicable sentence to a half.
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| − | Article: 36
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| − | For any offence that falls under his or her competence if a Judicial Police Officer estimates that due to circumstances that led to its commission, a court is likely to impose a punishment of fine and if necessary, to order the eventual forfeiture of property, the Judicial Police can request the Public Prosecutor to invite the suspect to make a choice between filing a case against him or payment of a fine not exceeding the maximum fine to which are increments that are provided for by the law.
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| − | When the accused has completed his or her choice, investigation is discontinued except when the Public Prosecutor decides to go on with the prosecution.
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| − | The payment of fine does not imply admission of an offence.
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| − | 2. Arrest and necessary conditions
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| − | Article: 37
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| − | When an offence is punishable by at least an imprisonment of two (2) years or if there exist reasonable grounds to suspect that the accused is likely to escape or if his or her identity is unknown or is doubtful, a Judicial Police Officer can, if it is deemed necessary for the purposes of investigation, arrest and detain him or her in an official remand in a custody which is situated at a police station if there are serious reasons to suspect that he or she committed the offence.
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| − | The Judicial Police Officer records a statement of the arrest in four (4) copies, one of which is immediately transmitted to the competent public prosecutor, another is filed in the criminal case file, another given to the in-charge of the remand prison and the last given to the accused.
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| − | A statement for arrest of an accused is valid for seventy-two (72) hours, which cannot be extended.
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| − | Any person against whom there is no sufficient evidence to suspect that he or she committed or attempted to commit an offence shall immediately be released.
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| − | Article: 38
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| − | Any person detained by the Judicial police department shall be informed of his or her charges as well as his or her rights including the right to inform his or her advocate or any other person he or she wishes to be informed. Such a notification is recorded in the statement of judicial police.
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| − | Article: 39
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| − | Any person detained by the judicial police shall have the right to consult with his or her legal counsel.
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| − | In case he or she falls to seek one, he or she shall inform the chairperson of the bar association for assigning a counsel to him or her, but he or she has the right to accept or refuse that counsel.
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| − | Article: 40
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| − | Article 40: ( Organic Law no 20/2006 of 22/04/2006) Persons on remand in custody shall not be subject to a release in a place other than the custody avalled for that matter and located within the area the National Police or Military Police office is located. As for soldiers, and their accomplices that place shall be located near the office of Military Prosecution.
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| − | Sub-section 2. Prosecution Service
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| − | Article: 41
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| − | The duty of prosecuting criminal offenders before courts of law is reserved for the Public Prosecution Service.
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| − | Chapter 2. PRELIMINARY INQUIRIES
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| − | Section 1. Transmission of case file to the Public Prosecution Service
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| − | Article: 42
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| − | After investigations the Judicial Police shall immediately transmit a case to the Public Prosecution Service.
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| − | Article: 43
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| − | Upon receiving a criminal case file, a Public Prosecutor may :
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| − | Such a safe keep of the case file is the decision of the administration which may not hinder the continuation of investigation in case the prosecution service gathers other proofs for prosecution provided prescription of prosecution of an offence does not prevall.
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| − | Section 2. Search of evidence
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| − | Sub-section 1. Evidence
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| − | Article: 44
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| − | If the prosecution, victim of an offence or his or her guardians, have filed an action for damages or have taken the accused to court, they have the duty to present evidence for the commission of the offence.
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| − | An accused is presumed innocent until proved guilty. Prior to proof of offence the accused shall not present his or her defence.
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| − | However, if evidence proving the offence has been adduced, the accused or his or her counsel should submit all the grounds of his or her defence, indicating why the claims should be dismissed, proving that the allegations against him or her do not constitute a criminal offence or that he or she is innocent and all other grounds to counter attack prosecution's case.
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| − | Article: 45
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| − | Evidence should be based on all grounds, of fact and law, provided that parties were given a chance to discuss on them.
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| − | A court gives a final ruling on whether the evidence tendered for the prosecution and defence are correct and admissible.
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| − | Article: 46
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| − | Upon request by a public prosecutor, or parties or on its own motion, a court can issue an order to tender any evidence which it thinks can settle disputes.
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| − | In order to decide a case, the court is under an obligation to search for evidence that has escaped the attention of the prosecution, the complainant and the accused person or their counsel.
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| − | Article: 47
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| − | In any case, judges or magistrates shall record all the evidence adduced by parties in support for the prosecution or defence to support their statements.
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| − | Sub-section 2. Summons
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| − | Article: 48 Organic Law no 20/2006 of 22/04/2006)
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| − | A public prosecutor charged with the preparation of a case file may summon a party by issuing summons, a warrant to bring by force or a warrant of arrest.
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| − | Those warrants are valid throughout the entire country.
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| − | A public prosecutor charged with the preparation of a case file may also request the Prosecutor General of the Republic or to the Military Prosecutor General for the case of military courts to summon a party in a foreign country by means of an international warrant of arrest. That warrant is valid for six (6) months renewable.
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| − | Article: 49
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| − | A summon is a written notice issued by judicial Police officer or a public prosecutor to a person mentioned therein requesting him or her to appear before a public prosecutor or a judicial police officer on the date and time specified therein.
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| − | Article: 50
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| − | A summon to appear is a written order issued by a public prosecutor to a person mentioned therein requiring him or her to appear before the prosecutor or a judicial police officer on a date and time specified in the summon.
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| − | A summon is not a warrant for the arrest or detention of a person.
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| − | It is generally sent when a person called by an ordinary written notice has refused to comply, after having received it.
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| − | A summon to appear is issued against a suspect, an accused person or a witness of a case regardless of the gravity of the offence.
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| − | Article: 51 ( Organic Law no 20/2006 of 22/04/2006)
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| − | A warrant to bring a suspect by force is a written order issued by a public prosecutor and executed by law enforcement agents to compel attendance of a suspect or a person against whom there is incriminating evidence or who has refused to show up after being legally required to do so by a public prosecutor.
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| − | A warrant to bring a suspect by force authorises an arrest but not detention.
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| − | It remains in force for a period of three (3) months starting from the date on which it was signed.
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| − | After this time expires, it cannot be executed unless it is renewed by the officer who issued it.
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| − | If, for any reason, the officer who issued a warrant to bring the suspect is absent, the warrant shall be renewed by the prosecutor heading the public prosecution service to which the prosecutor who issued it is appointed.
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| − | Article: 52 ( Organic Law no 20/2006 of 22/04/2006)
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| − | preparation of the case file but necessarily after the prosecutor has informed the accused of his or her charges, when the offence is punishable by an imprisonment of at least two (2) years. In that case, the warrant shall remain valid for seven (7) days not renewable and persons thereby arrested are remanded in a police station cell.
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| − | The same warrant may also be issued against any person who has escaped if the offence he or she is alleged to have committed is punishable by an imprisonment of at least one year. Where that person is arrested, provisions of the first paragraph of this article shall be applicable.
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| − | An international warrant of arrest is an order signed by the Prosecutor General of the Republic or the Military Prosecutor General against a person staying in a foreign country while he or she is alleged to have committed a crime and other offences related to the property. That warrant shall remain valid for six (6) months renewable.
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| − | Article: 53
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| − | A warrant to bring a suspect forcibly and that of arrest are executed by any law enforcement agents and must be shown to the people under search and copies thereof given to them.
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| − | In case of urgency they can be sent by using any avallable means. The original warrant of arrest or of forcibly to bring a person or its copy thereof is sent to the person supposed to execute it without delay.
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| − | Sub-section 3. Questioning of Witnesses
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| − | Article: 54
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| − | A public prosecutor can summon by using written notice, summons to appear or warrant bringing by force, any person he or she thinks has some important information to give. The summoned person is given a copy of the summoning document.
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| − | Witnesses are summoned through the administrative organs, by using court balliffs or security organs although they can as well appear voluntarily.
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| − | Any person summoned in accordance with the law is obliged to appear.
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| − | Persons who, by the nature of their trade or profession, are custodians of secrets are exempted from testifying as regards those secrets.
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| − | Article: 55
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| − | A public prosecutor can issue a warrant to bring by force any witness who has defaulted to appear.
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| − | Any witness who is legally summoned and falls to appear without any lawful reason, or who refuses to discharge the obligation of testifying can be handed over to court without any further formalities.
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| − | A witness who defaults to appear after being summoned for the second time or who, after being called by warrant to bring him or her by force advances legitimate reasons is absolved from punishment.
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| − | Article: 56
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| − | After submission of their particulars and swearing to tell the truth, witnesses are interviewed, each separately in the absence of the accused. Statements of their testimonies are recorded in writing.
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| − | Article: 57
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| − | A witness who falls to appear to testify without advancing any justifiable excuse after being summoned in accordance with the law or refuses to take an oath or to testify after being ordered to do so can be sentenced to a maximum punishment of one month and a fine which does not exceed fifty thousand francs (50.000) or one of them. If need be, public force can order his or her arrest following a warrant to bring him or her by force issued by a public prosecutor charged with investigation of the case.
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| − | Article: 58
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| − | A witness who is punished due to disobeying a summon and who is called for a second time or is sent a warrant to appear by force and later shows legitimate reasons for the default, he or she may be exempted from the intended penalty.
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| − | Article: 59
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| − | Persons against whom the prosecution has evidence to suspect that they were involved in the commission of an offence cannot be heard as witnesses.
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| − | Article: 60
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| − | Children who have attained the age of 12 can testify as adults.
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| − | Children under the age of 12 can also be heard but a court's decision cannot be solely based on their testimony. In this respect, the evidence of a minor should be supported by other corroborative evidence.
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| − | Article: 61
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| − | Every page of a statement is signed by the prosecutor and the person interviewed. The latter should be asked to read the statement to see whether it conforms to what he or she said before signing it. If he or she does not know how to read, the statement is read to him or her.
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| − | If he or she refuses to sign or unable to do so, it is indicated in the statement.
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| − | Article: 62
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| − | Statements should be recorded with enough spacing between line and words. Words erased or crossed should be approved by both the prosecutor and the witness.
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| − | Fallure to do so may render the words worthless. The same applies to statements that do not bear the required signatures.
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| − | Article: 63
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| − | If a witness is unable to appear before a public prosecutor, the latter shall go to interview the person where he or she is or delegate someone else to do it on his or her behalf.
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| − | Sub-section 4. Examination and cross-examination
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| − | Article: 64
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| − | When the accused appears, a public prosecutor starts by verifying his or her particulars, informing him or her each of the charges against him or her and the provisions of law. These are recorded into the statement.
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| − | When the accused has already asked to be defended by a counsel and the latter has been duly informed, a public prosecutor proceeds with the interrogation.
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| − | In all other circumstances, a public prosecutor informs the accused of the right to seek a defence counsel. The counsel is allowed to read the case file as well as to communicate with the accused. The public prosecutor then informs the accused that he or she can be interrogated immediately if he or she is willing to do so. Such information is recorded in a statement.
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| − | However, if the accused wishes to make any declaration, the public prosecutor immediately interrogates him or her. At the close of the interview, the accused gives his or her residential address. The accused is also told to inform the public prosecutor who investigates the case of any changes in the given address, that any service made at the last mentioned address will be regarded as having been duly served on him or her. That information as well as the address is recorded in the statement.
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| − | Article: 65
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| − | A public prosecutor can immediately proceed to carry out the interview or confront witnesses if a witness is likely to die or if some evidence is likely to disappear. A statement made to the effect indicates reasons for the urgency.
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| − | Article: 66
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| − | Where it is necessary, the public prosecutor who is charged with the investigation of a case can carry out confrontation between accused persons, between witnesses or between accused persons and witnesses either on his or her own initiative or at the request of any interested party.
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| − | Sub-section 5. Visits to the scene of crime, search and seizure
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| − | Article: 67
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| − | A public prosecutor charged with the investigation of a case can proceed to search any places where any evidence that can help to demonstrate the truth can be obtained.
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| − | If the search involves residential premises, it cannot be carried out before 6.00a.m to and after 6.00 p.m., unless there are serious reasons to suspect that the evidence sought is likely to disappear.
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| − | Public prosecutors can delegate such activities to judicial police officers.
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| − | In all cases search is conducted in the presence of administrative authorities in the area.
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| − | Article: 68
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| − | Visits to the scenes of crimes and search are conducted in the presence of the suspect or the owner of the house. However, in their absence or they have refused the search, it doesn't hinder search in case of commission of a felony or misdemenor and in case evidence may be interfered or disappear.
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| − | Article: 69
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| − | A public prosecutor or judicial police officers who have been entrusted with the duty to search and visit suspected scenes of crimes should prove their authority and show warrants which have been signed by competent people, authorising them to carry out such activities. A copy of the warrant is given to the suspect.
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| − | Article: 70
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| − | A search warrant is a document which is issued by the Prosecution service on the authorization of the Prosecutor General of the Republic, the Military Prosecutor General for offences committed by soldiers or their accomplices, or the Public prosecutor who heads the prosecution service at a higher instance level or a lower instance level. Such a warrant authorises the person who is supposed to execute it the power to visit any premises with view to discover evidence or property that can assist in establishing the reality of the offence and the suspects to whom it is attributed.
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| − | Article: 71
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| − | When the search is in respect of documents, a public prosecutor charged with the preparation of the case or any other person to which the duty has been delegated is the only person authorised to know contents of the documents before their seizure.
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| − | Article: 72
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| − | All property and documents under custody of the prosecution are immediately taken stock of and shall bear a sign of seizure.
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| − | Seizure is made only in respect of property and documents which can be used to establish the truth.
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| − | Article: 73
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| − | After visiting scenes of crime, searching and seizing the property, the concerned officer makes a statement and issues a copy to the relevant parties.
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| − | Sub-section 6. Interception of correspondence transmitted through posts and telecommunication
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| − | Article: 74
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| − | When all other procedures of obtaining evidence to establish truth have falled, the prosecutor in charge of investigations, may, after obtaining a written authorisation by the Prosecutor General of the Republic, listen, aknowledge and intercept record communications, conversations, telegrams, postal cards, telecommunications and other ways of communications.
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| − | Article: 75
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| − | An order to listen to oral conversations and intercept written documents should be in written form and cannot be appealed. The order should contain facts relating to malls or lines to be intercepted as well as the offence that necessitate taking such measures.
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| − | The order remains in force for a period which does not exceed three (3) months, subject to renewal for such period of time only once.
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| − | Article: 76
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| − | All correspondences and messages meant for the Head of State cannot be intercepted or listened to.
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| − | Sub-section 7. Communication and co-operation in the course of investigation.
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| − | Article: 77
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| | A public prosecutor charged with the investigation of a case can request a fellow public prosecutor or a Judicial Police Officer in another jurisdiction to do any necessary functions which he or she thinks can help to demonstrate the truth on his or her behalf. Such communication and cooperation should indicate acts relating only to the offence under investigation. | | A public prosecutor charged with the investigation of a case can request a fellow public prosecutor or a Judicial Police Officer in another jurisdiction to do any necessary functions which he or she thinks can help to demonstrate the truth on his or her behalf. Such communication and cooperation should indicate acts relating only to the offence under investigation. |
| | However, if deemed necessary, the Prosecutor General of the Republic can give Public Prosecutors at a higher instance level or a lower instance level special authorisation to go to other areas outside the ordinary territorial jurisdiction for the purposes of conducting criminal investigation activities. | | However, if deemed necessary, the Prosecutor General of the Republic can give Public Prosecutors at a higher instance level or a lower instance level special authorisation to go to other areas outside the ordinary territorial jurisdiction for the purposes of conducting criminal investigation activities. |
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| − | Article: 78 | + | '''Article: 78''' |
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| | Public prosecutors or judicial police officers delegated as such exercise the functions of an ordinary public prosecutor in relation to the assigned matters only. | | Public prosecutors or judicial police officers delegated as such exercise the functions of an ordinary public prosecutor in relation to the assigned matters only. |
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| − |
| + | '''Sub-section 8. Use of interpreters, translators, experts and physicians''' |
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| − | Sub-section 8. Use of interpreters, translators, experts and physicians | |
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| + | '''Article: 79''' |
| − | | + | |
| − | Article: 79 | |
| | Each person who has been legally required by a judicial police officer, a public prosecutor, a Judge or a Magistrate to assist as an interpreter, a translator, a physician or an expert witness is under an obligation to do so. | | Each person who has been legally required by a judicial police officer, a public prosecutor, a Judge or a Magistrate to assist as an interpreter, a translator, a physician or an expert witness is under an obligation to do so. |
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| − | Article: 80 | + | '''Article: 80''' |
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| | Before starting to discharge their duties, interpreters, translators, physicians and expert witnesses swear to act faithfully and compile their reports with professional consciousness and honour. | | Before starting to discharge their duties, interpreters, translators, physicians and expert witnesses swear to act faithfully and compile their reports with professional consciousness and honour. |
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| − | Article: 81 | + | '''Article: 81''' |
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| | The President of the Supreme Court, the President of the High Court of the Republic, the President of Higher Instance Courts as well as those of Lower Instance Courts can, after inquiry and interview, appoint some members of staff in their jurisdictions to act as interpreters, translators or expert after they have taken oath, so that they can constantly and permanently discharge the duties in courts within their jurisdictions. | | The President of the Supreme Court, the President of the High Court of the Republic, the President of Higher Instance Courts as well as those of Lower Instance Courts can, after inquiry and interview, appoint some members of staff in their jurisdictions to act as interpreters, translators or expert after they have taken oath, so that they can constantly and permanently discharge the duties in courts within their jurisdictions. |
| | Such persons are appointed after they have taken oath before the appointing Judge or magistrate to discharge the duties faithfully and consciously. | | Such persons are appointed after they have taken oath before the appointing Judge or magistrate to discharge the duties faithfully and consciously. |
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| − | Article: 82 | + | '''Article: 82''' |
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| − | Article: 83 | + | '''Article: 83''' |
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| | Refusal to comply with an order of the court to discharge the duties or to take oath when requested to do so is punishable with one month's imprisonment and a fine which does not exceed 50,000 francs or one of the punishments. Investigation, prosecution and punishment of such offences are regulated by ordinary rules relating to Jurisdiction and procedure. | | Refusal to comply with an order of the court to discharge the duties or to take oath when requested to do so is punishable with one month's imprisonment and a fine which does not exceed 50,000 francs or one of the punishments. Investigation, prosecution and punishment of such offences are regulated by ordinary rules relating to Jurisdiction and procedure. |
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| − | Article: 84 | + | '''Article: 84''' |
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| | Expert witnesses can receive evidency from people other than the accused so that it can assist them in discharging their duties. | | Expert witnesses can receive evidency from people other than the accused so that it can assist them in discharging their duties. |
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| − | Article: 85 | + | '''Article: 85''' |
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| | When several experts who have been appointed give conflicting opinions or some of them have reservations in arriving at a common conclusion, each of them indicates his or her opinion or gives reason for the reservations. | | When several experts who have been appointed give conflicting opinions or some of them have reservations in arriving at a common conclusion, each of them indicates his or her opinion or gives reason for the reservations. |
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| − | Article: 86 | + | '''Article: 86''' |
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| | With exception of when a person is caught red handed, a public prosecutor charged with the preparation of a case file cannot search on the body of an accused person by stripping him or her naked without prior authorisation of a public prosecutor in charge of the prosecution service he or she is appointed to. Searching on a naked body is only conducted by a physician. | | With exception of when a person is caught red handed, a public prosecutor charged with the preparation of a case file cannot search on the body of an accused person by stripping him or her naked without prior authorisation of a public prosecutor in charge of the prosecution service he or she is appointed to. Searching on a naked body is only conducted by a physician. |
| | In any case, any body who is the subject of search on a naked body can choose a physician, a relative, a spouse or choose any other adult person of the same sex to be present at the time of the search. | | In any case, any body who is the subject of search on a naked body can choose a physician, a relative, a spouse or choose any other adult person of the same sex to be present at the time of the search. |
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| − |
| + | ===Section 3. Release on ball and remand in custody pending investigation=== |
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| − | Section 3. Release on ball and remand in custody pending investigation | |
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| − |
| + | '''Sub-section 1. General provisions''' |
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| − | Sub-section 1. General provisions | |
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| − |
| + | '''Article: 87''' |
| − | | + | |
| − | Article: 87 | |
| | A suspect is entitled to be free during the time of investigation. | | A suspect is entitled to be free during the time of investigation. |
| | However, on the interest of the preparation of the case file, or on security of accused or national security, an accused can be subjected to certain conditions, or in certain circumstances, to be remanded in custody in accordance with the procedure and conditions provided for in the following articles. | | However, on the interest of the preparation of the case file, or on security of accused or national security, an accused can be subjected to certain conditions, or in certain circumstances, to be remanded in custody in accordance with the procedure and conditions provided for in the following articles. |
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| − | Article: 88 | + | '''Article: 88''' |
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| | Any unlawful imprisonment contrary to what is provided for from article 90 to 100 contravenes the law and can entall punishment to responsible officers. | | Any unlawful imprisonment contrary to what is provided for from article 90 to 100 contravenes the law and can entall punishment to responsible officers. |
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| | Unlawful imprisonment mentioned in this article can include : | | Unlawful imprisonment mentioned in this article can include : |
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| | detaining persons in unauthorised premises; | | detaining persons in unauthorised premises; |
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| | detaining a person for a period that exceeds what is provided for in the record of arrest or that of custodial investigation; | | detaining a person for a period that exceeds what is provided for in the record of arrest or that of custodial investigation; |
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| | retaining a person under custody after an order against or rejecting an application for extending the period of preventive detention or in favour of release on ball; | | retaining a person under custody after an order against or rejecting an application for extending the period of preventive detention or in favour of release on ball; |
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| | retaining a person under custody after a decision of his or her innocence. | | retaining a person under custody after a decision of his or her innocence. |
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| − | Article: 89 | + | '''Article: 89''' |
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| | When a person is detained unlawfully, any judge who is appointed to a court which is located near the place where the person is detained and whose competence covers the offences the detained person is alleged to have committed can, upon request by any interested party, order the officer who detained that person to appear and produce the detainee in order to indicate reason and manner under which he or she is detained. | | When a person is detained unlawfully, any judge who is appointed to a court which is located near the place where the person is detained and whose competence covers the offences the detained person is alleged to have committed can, upon request by any interested party, order the officer who detained that person to appear and produce the detainee in order to indicate reason and manner under which he or she is detained. |
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| − |
| + | '''Sub-section 2. Release on ball''' |
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| − | Sub-section 2. Release on ball | |
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| − | Article: 90 | + | '''Article: 90''' |
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| | Ball conditions can be ordered when the offence a person is charged of is a misdemeanour or a felony. | | Ball conditions can be ordered when the offence a person is charged of is a misdemeanour or a felony. |
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