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Cap. 9 · Criminal Code (Cap. 9)

Cap. 9 Art. 550Probatory force of procès- verbal.

TITLE II

In forceOfficial text

(1) The if regularly drawn up, shall be procès-verbal, received as evidence in the trial of the cause, and the witnesses, experts or other persons who took part or gave evidence during the

Magisterial inquest shall not be produced to give evidence in the inquiry before the Court of Magistrates as court of criminal inquiry during the compilation stage.

(2) Nevertheless during the period for the conclusion of compilation of evidence referred to in article 401(1) up to the time when the court decides whether there exist enough reasons for the accused to be indicted for an offence as referred to in article 401(2) or not, it shall be lawful for the Attorney General or the Police, with the special permission of the Court of Magistrates as a court of criminal inquiry to call upon any person referred to in sub-article

(1) to give evidence during the compilation proceedings before the same court on matters which are duly specified and mentioned by the court in its special permission; so however that after the conclusion of the compilation stage in accordance with article 402(1) and after the court will have decided whether there are enough reasons for the accused to be indicted for an offence as referred to in article 401(2) or not, the Attorney General may require the presence of any of those persons in accordance with the provisions of article 405 in order for them to give replies on specific matters indicated by the Attorney General in his written request. The person summoned may also request the presence of any one of those persons for the purpose of the cross-examination.

(3) The court shall also, for the like effect, have power to order the production of any expert or other witness who shall appear from the procès-verbal to have been examined at the inquest; and for such purpose any such expert or witness shall, in all cases within the jurisdiction of the Criminal Court, be included in the list of the witnesses of the Attorney General, to be, if necessary, examined.

(4) All documents, however, and any other material object, in respect of which a has been drawn up, and which can procès-verbal be preserved and conveniently exhibited, shall always be produced at the trial, together with the procès-verbal.

(5) The procès-verbal shall be deemed to have been regularly drawn up if it contains a short summary of the report, information or complaint, a list of the witnesses heard and evidence collected, and a final paragraph containing the findings of the inquiring magistrate.

Amendment history
  • Amended by XXVIII.2021.15