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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 511Death or illness of judge, Attorney General, or accused or his advocate.

Title V

In KraftAmtlicher Text

(1) If, during the hearing of the appeal, any of the sitting judges dies or becomes ill, another judge shall be surrogated as provided under article 498 and all proceedings shall take place anew if the court, in the interests of justice, shall so deem fit or if the accused makes a demand to that effect:

Provided that the proceedings shall in any case take place anew where the surrogated judges are two or more:

Provided further that it shall not be lawful to raise again any objection to a judge sitting in the court which has been already decided or any question on which the court has already given judgment before the surrogation of the judge or judges has taken place.

(2) If the Attorney General or counsel delegated by him dies or becomes ill or if the advocate for the appellant dies or becomes ill or if the appellant himself becomes ill, during the hearing of the appeal, it shall be within the discretion of the court as the interests of justice may require to order that all proceeding shall take place anew: Provided that in the case of the death of the advocate for the appellant or in the case of illness of such advocate and substitution by another advocate, all proceedings shall always take place anew if the appellant makes a demand to that effect.

Änderungsgeschichte
  • Amended by III.2002.121