1963 Criminal Procedure Code of Somalia - English Version
1963 Criminal Procedure Code of Somalia - English Version
Uploaded by
صقر قريشCopyright:
Available Formats
1963 Criminal Procedure Code of Somalia - English Version
1963 Criminal Procedure Code of Somalia - English Version
Uploaded by
صقر قريشOriginal Title
Copyright
Available Formats
Share this document
Did you find this document useful?
Is this content inappropriate?
Copyright:
Available Formats
1963 Criminal Procedure Code of Somalia - English Version
1963 Criminal Procedure Code of Somalia - English Version
Uploaded by
صقر قريشCopyright:
Available Formats
1
The
CRIMINAL
PROCEDURE
CODE
English
version
2
BOOK
ONE
GENERAL
PROVISIONS
3
LEGISLATIVE DECREE NO. 1 of 1 June 1963.
Approval of the text of the Criminal Procedure Code
THE PRESIDENT OF THE REPUBLIC
HAVING SEEN Article 62 of the Constitution;
HAVING SEEN Law No. 5 of 30 January 1962, delegating to the Government the power to issue the
Criminal Procedure Code;
HAVING SEEN Laws No. 21 of 6 July 1962, and No. 4 of 29 January 1963, which provide for the extention of
the time-‐limit laid down in the above law;
HAVING SEEN the final text of the Criminal Procedure Code prepared by the Commission referred to Art. 2
of the Law delegating the power to issue the Code;
HAVING HEARD the Counsil of Minsiters;
ON THE PROPOSAL of the Minister of Grace and Justice;
DECREES
Article 1
The attached text of Criminal Procedure Code is hereby approved and shall enter into force three months
after its publication in the Official Bulletin of the Republic.
Article 2
A copy of the Criminal Procedure Code, published in the Official Bulletin shall be sent to each Regional
Governor, each District Commissioner, and each Local Administration, to be posted in their respective
offices for thirty consequtive days, that all persons may take cognizance thereof.
Mogadicio, 1 June 1963.
THE PRESIDENT OF THE REPUBLIC
ADEN ABDULLE OSMAN
The Prime Minister
ABDIRASHID ALI SHARMARKE
The Minister of Grace and Justice
AHMED GHELLE
4
PART
I
PRELIMINARY
PROVISIONS
CHAPTER
I
COURTS
AND
PARTIES
Section
THE
COURTS
Article
1
Criminal
Jurisdiction
Criminal
Jurisdiction
shall
be
exercised
in
accordance
with
the
provisions
of
the
Constitution
and
of
the
Law
on
the
Organization
of
the
judiciary
by:
a) District
Courts;
b) Regional
Courts;
c) Courts
of
Appeal;
d) The
Supreme
Courts.
Article
2
Jurisdiction
and
Composition
of
the
Courts
1. Except
as
otherwise
provided
by
this
Code,
the
criminal
jurisdiction
and
composition
of
the
Courts
both
in
regard
to
the
subject
matter
and
territory
shall
be
determined
in
accordance
with
the
Law
on
the
Organization
of
the
Judiciary.
2. Notwithstanding
anything
contained
in
paragraph
4
of
Article
2
of
the
Law
on
the
Organization
of
the
Judiciary,
and
except
as
otherwise
provided
in
any
special
law,
the
Criminal
Section
of
the
District
Courts
shall
have
jurisdiction
over
all
offences
punishable
with
imprisonment
up
to
three
years
or
fine
up
to
Sh.
So.
3,000
or
both.
Article
3
Definitions
For
the
purposes
of
this
Code,
unless
the
context
indicates
otherwise:
a) the
term
“
Law
on
the
Organization
of
the
Judiciary
”
shall
mean
the
Organization
of
the
Judiciary
approved
by
Legislative
Decree
No.
3
of
12
June
1962;
b) the
term
“
Court
”
shall
mean
any
of
the
judicial
organs
enumerated
in
Article
1
of
this
Law
or
any
section
of
the
such
organs;
c) the
term
“
high
Court”
shall
mean:
1. The
Supreme
Court
with
regard
to
the
Courts
of
Appeal;
5
2. The
Courts
of
Appeal
with
regard
to
the
Regional
Courts
and
to
District
Courts
which
are
located
within
the
jurisdiction
of
the
same
Court
of
Appeal;
d) the
term
“
lower
Court”
shall
mean:
1. The
Courts
of
Appeal
with
regard
to
the
Supreme
Courts;
2. Regional
Courts
or
District
Courts
with
regard
to
the
Court
of
Appeal
within
whose
jurisdiction
they
are
located;
e) the
term
“
Competent
Court”
shall
mean
the
Court
which
has
jurisdiction
over
the
offence
or
the
proceedings;
f) the
term
“
President
of
the
Court”
shall
mean
the
Judge
who
presides
over
the
Court
or
over
a
section
of
the
Court;
g) the
term
“
Judge”
shall
mean
the
Judge
who
exercises
judicial
function
in
a
Court;
h) the
term
“
competent
Judge”
shall
mean
a
judge
who
exercises
his
function
in
a
competent
Court.
Article
4
Subject
Matter
Jurisdiction
1. To
determine
whether
the
Court
has
jurisdiction
over
the
subject
matter,
regard
shall
be
had
to
the
maximum
punishment
established
by
law
for
each
offence
for
which
a
charge
has
been
brought,
taking
into
account
any
aggravating
circumstances,
but
excluding
the
effects
of
recidivism.
2. No-‐compliance
with
the
provisions
regarding
jurisdiction
over
the
subject
matter
shall
render
the
proceedings
void
and
a
declaration
to
the
effect
may
be
made
by
Court,
also
on
its
motion,
at
any
stage
of
the
proceedings-‐that
is,
trial
or
appeal
or
revision.
Article
5
Territorial
Jurisdiction
1. The
place
where
the
offence
was
committed
shall
determine
the
territorial
jurisdiction.
In
cases
of:
a) a
((
continuing
offence)),
or
b) a
((
permanent
offence)),
the
place
where
the
last
act
or
omission
in
a
continuing
or
permanent
offences
occurs
shall
determine
the
Court
at
which
the
offence
shall
be
tried.
2. When:
a) it
is
possible
to
determine
the
Court
which
has
jurisdiction
in
accordance
with
the
paragraph
1
of
this
Article,
or
b) the
alleged
offence
was
committed
outside
the
territory
of
Somali
Republic,
Supreme
Court
shall
designate
the
Court
which
shall
try
the
case.
3. Objections
as
territorial
jurisdiction
shall
be
raised
in
the
Court
which
is
alleged
not
to
have
such
jurisdiction,
by
the
prosecution
or
the
defence,
as
soon
as
the
fact
of
such
alleged
lack
of
jurisdiction
comes
to
the
notice
of
the
parties
concerned.
Or
the
Court
on
its
motion
may
declare
it
self
incompetent.
4. Non-‐compliance
with
the
provisions
regarding
territorial
jurisdiction
shall
only
render
the
proceedings
null
and
void,
if
timely
objection
was
made
in
the
manner
described
in
the
preceding
paragraph
and
as
a
result
of
such
lack
of
jurisdiction
the
rights
of
the
accused
were
prejudiced.
6
Article
6
Joinder
of
Accused
or
Offences
1. There
is
joinder
when:
a) more
than
one
person
is
alleged
to
have
taken
part
in
the
commission
of
the
same
offence,
or
b) one
person
is
charged
with
more
than
one
offence.
2. The
competent
Court,
within
the
meaning
of
Articles
7
and
8,
may,
upon
request
of
the
prosecution
or
the
defence
or
on
its
own
motion,
order
that
the
persons
or
offences
be
tried
separately
for
reasons
of
conveniences.
Article
7
Effects
of
Joinder
on
Subject
Matter
Jurisdiction
Over
the
Offences
1. When
there
is
joinder
within
the
meaning
of
Article
6
and:
a) some
of
the
offences
come
under
the
jurisdiction
of
the
Assize
Section
of
the
Regional
Court,
while
other
offences
come
under
the
jurisdiction
of
the
General
Section
of
the
Regional
Court,
or
of
the
Criminal
Section
of
the
District
Court,
all
the
offences
shall
be
tried
by
the
Assize
Section
of
the
Regional
Court;
b) some
of
the
offences
come
under
the
jurisdiction
of
the
General
Section
of
the
Regional
Court,
while
other
offences
come
under
the
jurisdiction
of
the
Criminal
Section
of
the
District
Court,
all
the
offences
shall
be
tried
by
the
General
Section
of
the
Regional
Court;
c) some
of
the
offences
come
under
the
jurisdiction
of
the
Military
Penal
Section
of
the
Regional
Court,
while
other
offences
come
under
the
jurisdiction
of
another
Section
of
the
Regional
Court
or
of
the
Criminal
Section
of
the
District
Court,
all
offences
committed
by
members
of
the
Armed
Forces
even
if
they
have
ceased
to
be
such
members
after
commission
of
the
offence,
shall
be
tried
by
the
Military
Penal
Section
of
the
Regional
Court.
The
jurisdiction
regarding
offences
committed
by
a
person
not
belonging
to
the
Armed
Forces
shall
be
determined
within
the
meaning
of
sub-‐
paragraphs
a)
and
b)
of
this
paragraph.
2. The
non-‐observance
of
the
above
provisions
regarding
the
effect
of
joinder
with
respect
to
jurisdiction
over
subject
matter
shall
render
the
proceedings
null
and
void,
and
such
determination
may
be
made
also
by
the
Court
on
its
own
motion
at
any
stage
of
the
proceedings.
Article
8
Effect
of
Joinder
on
Territorial
Jurisdiction
1. When
there
is
joinder
within
the
meaning
of
Article
6
and
when
two
or
more
Courts
have
territorial
jurisdiction,
then
all
offences
shall
be
tried:
a) by
the
Court
within
whose
jurisdiction
the
most
serious
offence
was
committed,
or
b) when
a
number
of
offences
of
equal
gravity
were
committed,
by
the
Court
in
whose
territory
the
largest
number
of
the
offences
was
committed.
2. When
it
is
not
possible
to
determine
the
competent
Court
in
accordance
with
the
preceding
paragraph
of
this
Article,
the
Court
of
Appeal
shall
designate
the
Court
which
shall
try
the
case;
or
the
Supreme
Court
shall
designate
the
Court
which
shall
try
the
case
when
the
Courts
are
located
within
the
territorial
jurisdiction
of
different
Courts
of
Appeal.
7
3. Failure
to
observe
the
provisions
regarding
the
effects
of
joinder
with
regard
to
territorial
jurisdiction
shall
only
render
the
proceedings
null
and
void,
if
timely
objection
is
made
in
accordance
with
paragraph
3
of
Article
5,
and
as
a
result
the
right
of
the
accused
were
prejudiced.
Article
9
Conflicts
of
Jurisdiction
1. There
is
a
conflict
of
jurisdiction
when
two
or
more
Courts:
a) take
cognizance,
or
b) refuse
to
take
cognizance
of
the
same
offence.
2. In
cases
of
conflict,
the
Court
of
Appeal
shall
designate
the
Court
which
shall
try
the
case,
or
if
the
Courts
in
conflict
are
located
within
the
territorial
jurisdiction
of
different
Courts
of
Appeal,
then
the
Supreme
Court
shall
designate
the
Court
which
shall
try
the
case.
Article
10
Disqualification
of
the
judge
1. A
Judge
may
not
take
part
in
a
judicial
capacity
in
any
criminal
proceedings
if:
a) he
participated
in
the
same
proceedings,
as
a
judge
in
another
Court;
b) he
acted
in
the
same
proceedings
as:
i) a
prosecutor,
ii) a
defense
Counsel,
iii) a
representative
of
any
party,
iv) a
witness,
v) an
expert
or
technical
consultant;
c) he
is
the
party
on
whose
report,
complaint
or
request
the
proceedings
were
started;
d) he
has
any
personal
interest
in
the
proceedings;
e) he
is
married
to,
is
an
((ascendant))
or
((descendant))
of,
is
a
brother
or
sister
of,
married
to
an
((ascendant))
or
((descendant))
or
married
to
a
brother
or
sister
of
any
person
who
is
taking
part
in
the
proceedings
in
any
of
the
following
capacities:
i) Judge,
ii) Prosecutor,
iii) Defense
Counsel,
iv) a
representative
of
any
party,
v) or
any
person
who
has
any
personal
interest
in
the
case;
f) he
has
given
advice
or
expressed
his
opinion
on
the
subject
of
the
case
outside
the
exercise
of
his
duties
as
a
judge.
2.
A
judge
shall
disqualify
himself
as
soon
as
he
becomes
aware
of
the
existence
of
any
of
the
cases
enumerated
in
paragraph
1
of
this
Article,
and
he
shall
refer
the
matter,
through
the
President
of
the
Court,
to
the
higher
Court
which
shall
pass
the
necessary
orders
as
provided
in
paragraph
3
of
Article
11.
3.
The
provisions
of
paragraph
1
of
this
Article
apply
also
to
assessors.
An
assessor
shall
disqualify
himself
as
soon
as
he
becomes
aware
of
the
existence
of
any
one
of
the
causes
enumerated
in
paragraph
1
of
this
Article;
and
such
assessor
shall
refer
the
matter
to
the
8
President
of
the
Court
who
shall
arrange
to
replace
him
with
another
assessor,
according
to
the
assessor’s
roll.
4. Any
violation
of
the
provisions
of
this
Article
shall
render
the
proceedings
null
and
void,
and
the
Court
may
also
so
determine
on
its
own
motion
at
any
stage
of
the
proceedings.
Article
11
Transfer
of
Proceedings
1. When
considered
necessary
in
the
interest
of
justice
or
public
order:
a) the
Supreme
Court
may
transfer
the
proceedings;
upon
request
of
the
Attorney
General
or
of
the
accused:
i) from
one
Court
of
first
instance
to
another
Court
of
first
instance
having
equal
subject
matter
jurisdiction;
ii) from
one
Court
of
Appeal
to
an
other
Court
of
Appeal;
b) the
Court
of
Appeal
may
transfer
the
case,
within
the
limits
of
its
jurisdiction,
upon
request
of
the
Office
of
the
Attorney
General
or
of
the
accused,
from
the
Criminal
Section
of
a
District
Court
to
the
General
Section
of
a
Regional
Court.
2. When
a
judge
of
the
competent
Court:
a) is
himself
the
defendant,
or
b) is
the
injured
party,
the
higher
Court,
upon
the
request
of
the
Attorney
General
or
of
the
accused
or
also
on
its
own
motion,
shall
transfer
the
case
to
another
lower
Court
having
equal
subject
matter
jurisdiction.
3. When
a
Judge
of
the
competent
Court
is
disqualified
from
taking
part
in
a
case
for
the
reason
stated
in
paragraph
2
of
Article
10,
the
higher
Court
may:
a) order
that
the
trial
be
held
in
the
competent
Court
without
the
participation
of
the
Judge
so
affected,
or
b) transfer
the
case
to
another
lower
Court
having
equal
subject
matter
jurisdiction
Section
II
THE
PARTIES
Article
12
The
Office
of
the
Attorney
General
1. The
Office
of
the
Attorney
General
shall
exercise
the
functions
laid
down
in
Article
8
of
the
Law
on
the
Organization
of
the
Judiciary
and
any
other
functions
conferred
by
law.
2. In
Court
proceedings,
the
Office
of
the
Attorney
General
shall
be
represented
by:
a) the
Attorney
General
or
one
of
his
Deputies
before
the
Supreme
Court
and
the
Military
Penal
Sections
of
the
Courts
of
Appeal
and
Regional
Courts;
b) the
Attorney
General
or
one
of
his
Deputies
or
a
Police
Officer
designated
by
the
Attorney
General
before
the
Assize
and
General
Sections
of
the
Courts
of
Appeal
and
Regional
Courts;
c) the
Officer
commanding
the
Police
or
the
Finance
Guards
within
whose
jurisdiction
the
Court
is
situated
or
another
Police
Officer
designated
by
him,
in
conformity
with
the
functions
attributed
to
the
latter
by
law,
before
the
Criminal
Section
of
a
District
Court.
9
3. for
the
purposes
of
this
Code,
unless
the
context
indicates
otherwise,
the
term
“Attorney
General”
shall
mean
the
person
representing
the
Office
of
the
Attorney
General
in
accordance
with
the
preceding
paragraph
of
this
Article.
4. The
investigation
and
suppression
of
crimes
shall
be
carried
out
by
the
Police
under
the
direction
of
the
Office
of
the
Attorney
General.
5. When
so
considered
necessary,
the
Attorney
General
may,
at
any
stage
of
the
proceedings,
order
that
his
own
Office
shall
take
over
the
investigation
or
the
prosecution
of
any
case.
Article
13
The
Accused
1. An
accused
is
a
person
who,
even
without
any
warrant
having
been
issued
by
a
judicial
authority,
has
been
placed
in
a
state
of
arrest
under
the
control
of
a
judicial
authority,
or
who
has
been
served
with
a
summons
to
appear
before
Court.
Such
a
person
shall
be
considered
as
the
accused
during
all
stages
of
the
proceedings,
until
such
time
as
the
judgment
of
conviction
or
acquittal
has
become
final,
or
until
it
has
been
decided
not
to
proceed
further
with
the
case,
which
shall
be
equivalent
to
an
acquittal,
or
until
the
decision
to
close
the
case
is
confirmed.
2. the
accused
is
presumed
innocent
until
the
conviction
has
become
final.
3. An
accused,
after
having
been
finally
convicted
or
acquitted
or
after
orders
not
to
proceed
with
the
case
have
been
lawfully
given,
cannot
be
charged
again
on
the
same
facts,
even
if
those
acts
may
be
regarded
as
constituting
a
different
offence,
except
under
the
provisions
of
the
following
paragraph
of
this
Article
or
under
the
provisions
of
paragraph
2
of
Article
77.
4. If
an
accused
has
been
found
guilty
of
an
act
which
has
had
a
consequence
constituting
a
different
and
more
serious
offence,
then
the
accused
can
be
charged
again
if
such
consequence
had
not
occurred
or
was
not
known
to
the
Court
at
the
time
of
conviction.
5. In
those
proceedings
for
which
a
written
authorization
is
necessary,
such
authorization
shall
be
requested
by
the
Attorney
General
before
any
warrant
is
issued
against
the
accused.
If
the
accused
has
been
caught
in
the
act
of
committing
an
offence
(in
Flagrante
delicto),
the
authorization
shall
be
obtained
immediately.
Article
14
The
Injured
Party
1. For
the
purposes
of
this
Code,
unless
the
context
indicates
otherwise,
the
term
“injured
party”
shall
mean
the
person
who
is
injured
by
the
offence,
or
his
legal
representative.
2. The
injured
party
may
apply
to
the
Court
in
order
to
refer
from
the
accused
damages
for
any
civil
liabilities
arising
from
the
offence.
3. Petitions
Under
paragraph
2
of
this
Article
shall
be
submitted
to
the
Court,
in
written
or
oral
form,
before
the
beginning
the
summing
up
of
the
case
by
the
prosecution
as
provided
in
Article
119.
Article
15
The
Defense
10
1. The
accused
may
be
defended
by
one
or
more
defense
Counsels.
2. In
the
cases
indicated
in
sub-‐paragraph
(b)
of
paragraph
2
of
Article
14
of
the
Law
on
the
Organization
of
the
Judiciary,
the
court
shall
appoint
an
ex
officio
defence
Counsel
for
the
accused
whenever
the
accused
has
not
appointed
his
own
defence
Counsels.
3. The
appointment
of
an
ex
officio
defense
Counsel
shall
not
be
refused
without
reasonable
justification.
4. Where
there
is
no
conflict
of
interest,
two
or
more
accused
may
be
represented
by
a
single
defense
Counsel.
5. An
accused
who
has
been
arrested
shall
have
the
right
to
confer
freely
with
his
defense
Counsel
at
all
stages
of
the
proceedings.
6. The
injured
party
may
be
represented
by
one
Counsel
only.
7. A
Counsel
may
act
on
behalf
of
and
appear
for
the
party
he
represents,
except
when
that
party
must
appear
in
person.
Article
16
Duties
of
the
Defense
Counsel
towards
the
Accused
1. A
defence
Counsel
shall
not,
without
reasonable
cause,
abandon
his
duties
as
a
defence
Counsel
nor
absent
himself
from
hearings
in
Court
in
such
a
way
that
the
accused
is
deprived
of
legal
assistance.
2. If
any
defence
Counsel
violates
the
provision
of
paragraph
1
of
this
Article,
the
Court
may
order
that
he:
a) pay
a
sum
of
money
not
exceeding
Sh.
So.
5,000/-‐
to
the
accused
as
compensation;
and
b) pay
a
sum
of
money,
not
exceeding
Sh.
So.
2,000/-‐
to
the
State
Treasury;
or
c) be
suspended
from
practicing
his
profession
for
a
period
not
exceeding
one
year.
3. The
abandonment
of
his
duties
by
a
legal
Counsel
for
an
injured
party
shall
not
in
any
case
prevent
the
proceedings
from
continuing.
CHAPTER
II
Information,
Complaints
and
Reporting
of
Offences,
Police
Investigations,
Suppression
of
Offences
Section
I
INFORMATION,
COMPLAINTS
AND
REPORTING
OF
OFFENCES
Article
17
Authorities
to
whom
Complaints
and
Reports
regarding
Offences
shall
be
made
Information,
complaints
and
reports
of
offences
shall
be
made
to
a
Judge,
to
the
Office
of
the
Attorney
General
or
to
any
Police
Officer.
11
Article
18
Reporting
of
Certain
of
Classes
of
Offences
A
public
officer
or
a
person
entrusted
with
a
public
service
who
becomes
aware
of
the
commission
of
an
offence
in
respect
of
which
proceedings
are
initiated
by
the
State
shall
immediately
report
the
offence.
Article
19
Reports
by
Members
of
the
Medical
Profession
A
member
of
the
medical
profession
who
renders
professional
services
to
any
person
who
appears
to
have
been
involved
in
an
offence
in
respect
of
which
proceedings
are
initiated
by
the
State
shall
report
the
matter
immediately.
This
provision
shall
not
apply
when
the
report
would
expose
the
person
assisted
to
criminal
proceedings.
Article
20
Reports
by
the
Public
1. Every
citizen
who
has
knowledge
of
the
commission
of
an
offence
against
the
Personality
of
the
State
for
which
the
law
prescribes
the
punishment
of
death
or
life
imprisonment
shall
immediately
report
the
offence.
2. Any
person,
even
if
he
is
not
the
injured
party,
who
has
knowledge
of
the
commission
of
an
offence
in
respect
of
which
proceedings
are
initiated
by
the
State,
may
report
the
offence.
Article
21
Complaints
1. The
person
injured
by
an
offence
other
than
those
for
which
proceedings
are
initiated
by
the
State
may
submit
a
complaint
for
the
institution
of
proceedings
in
accordance
with
the
provisions
of
Article
84
of
the
Penal
Code.
2. The
right
of
making
complaints
may
not
be
exercised
when
the
injured
party
has:
a) expressly
or
tacitly
renounced
such
right;
b) started
civil
proceedings
for
restitution
or
recovery
of
damages;
c) reached
a
settlement
of
the
damage
arising
from
the
offence.
Article
22
Form
of
the
Reports,
Information
and
Complaints
1. Information,
a
report
or
complaint
relating
to
the
commission
of
an
offence
may
be
in
written
or
oral
form
and:
a) if
in
written
form,
shall
be
signed
by
the
person
concerned;
b) if
in
oral
form
shall,
by
the
authority
receiving
it,
be:
i) recorded;
ii) read
over
to
the
person
concerned,
and
iii) signed
by
such
person.
12
2. The
provisions
of
the
preceding
paragraph
shall
be
observed
insofar
as
applicable
to
the
withdrawal
of
the
complaint
or
the
refusal
to
accept
the
withdrawal
of
the
complaint.
Section
II
POLICE
INVESTIGATIONS
Article
23
Definitions
1. For
the
purposes
of
this
Code,
unless
the
context
indicates
otherwise,
the
term
“Police”
shall
include:
a) the
Police
Force;
b) the
Finance
Guards;
c) any
other
military
or
para-‐military
Service
and
any
civil
organ
of
the
State
which
is
required
by
law
to
collect
information
about,
and
to
enquire
into,
specified
types
of
offences
and
to
provide
the
proof
necessary
for
the
application
of
the
penal
law.
2. For
the
purpose
of
this
Code,
unless
the
context
indicates
otherwise:
a) the
term
“Police
Station”
shall
include
a
territorial
or
special
unit
of
one
of
the
Forces
or
Services
referred
to
in
paragraph
1
of
this
Article;
b) the
term
“Police
Officer”
shall
mean
every
member
of
the
Forces
or
Services
referred
to
in
paragraph
1
of
this
Article.
Article
24
Investigation
1. A
Police
Officer
in
charge
of
a
Police
Station
who
receives,
in
the
manner
provided
in
the
previous
section
or
in
any
other
way,
information
relating
to
the
commission
of
an
offence
shall
immediately:
a) notify
the
Office
of
the
Attorney
General
and
the
competent
Court:
b) conduct,
either
personally
or
through
his
subordinates,
such
investigation
of
the
alleged
offence
as
he
shall
consider
necessary.
2. The
Police
Officer
who
undertakes
the
investigation
may:
a) examine
any
person
whom
he
believes
to
be
acquainted
with
any
of
the
circumstances
of
the
case
and,
b) record,
in
accordance
with
the
provisions
of
sub-‐paragraph
b)
of
Article
22,
any
statement
made
by
any
person
so
examined.
3. No
statement
recorded
during
the
course
of
the
investigation
shall
be
used
in
any
criminal
proceedings
against
the
person
making
the
statement
unless
it
falls
within
the
meaning
of
a
confession
as
provided
in
this
Code.
4. When,
during
the
course
of
investigation,
it
appears
necessary
to
obtain
a
warrant
of
arrest
or
search
or
seizure,
the
Police
Officer
undertaking
the
investigation
shall
apply
to
the
competent
Court
for
such
warrant,
at
the
same
time
informing
the
Office
of
the
Attorney
General.
5. In
case
of
urgent
necessity
the
Police
Officer
undertaking
the
investigation
may,
without
a
warrant:
a) arrest
a
person
suspected
of
committing
a
crime,
in
accordance
with
Article
38;
b) undertake
a
search
or
seizure,
in
accordance
with
Article
58.
13
Article
25
Diary
of
Investigation
1. The
police
Officer
undertaking
the
investigation
shall
daily
record
the
details
of
the
investigation,
in
the
appropriate
diary,
mentioning
specifically:
a) the
date
of
the
beginning
and
end
of
the
investigation;
b) the
action
taken
during
the
investigation;
c) the
circumstances
arising
from
the
investigation;
d) the
evidence
obtained.
2. Any
warrants
or
orders
received
from
or
any
superior,
a
Court
or
the
Office
of
the
Attorney
General,
shall
likewise
be
recorded.
Article
26
Closure
of
Investigation
1. Police
investigation
shall
be
brought
to
a
conclusion
without
any
unjustified
delay.
2. The
Police
Officer
in
charge
of
a
Police
Station,
as
soon
as
the
investigation
has
been
concluded,
shall
prepare
an
accurate
report
containing:
a) the
facts
of
the
case,
and
any
surrounding
circumstances
which
may
affect
the
criminal
proceedings;
b) details
of
the
evidence
obtained;
c) personal
details
or
any
other
information
useful
in
identifying:
i) the
accused,
ii) the
injured
party,
iii) any
person
having
information
concerning
the
circumstance
of
the
offence.
3. The
report
called
for
in
the
preceding
paragraph
shall
be
sent
forthwith
to
the
Office
of
the
Attorney
General
together
with:
a) the
investigation
diary;
b) the
records
relating
to
the
investigation;
c) materials
objects
seized
in
the
course
of
the
investigation.
Section
III
ASSISTANCE
IN
THE
SUPPRESSION
OF
OFFENCES
Article
27
Assistance
from
Members
of
the
Public
Every
person,
when
lawfully
and
reasonably
so
requested,
in
case
of
urgent
necessity
shall
lend
assistance
to
a
Judge,
to
the
Office
of
the
Attorney
General
or
to
a
Police
Officer,
in
order
to:
a) take
into
custody
or
prevent
the
escape
of
any
person
whom
the
said
authorities
are
authorized
to
arrest;
b) prevent
or
suppress
an
offence.
14
PART
II
METHODS
OF
SECURING
THE
APPEARANCE
OF
ACCUSED
PERSONS
IN
COURT
CHAPTER
I
Arrest
Section
I
ARREST
IN
GENERAL
Article
28
Arrest
An
arrest,
with
or
without
a
warrant,
may
only
be
made
in
those
cases
and
in
the
manner
expressly
provided
by
law.
Article
29
Execution
of
Arrests
1. A
person
to
be
arrested
shall
be
so
informed,
together
with
the
reasons
for
the
arrest.
2. If
the
person
to
be
arrested:
a) forcibly
resists
the
arrest;
b) attempts
to
escape,
c) the
person
making
the
arrest
may
use
all
lawful
means
necessary
to
effect
the
arrest.
3. A
person
arrested
shall
not
be
subjected
to
more
restraint
than
is
necessary
to
prevent
his
escape.
4. If
it
is
absolutely
certain
that
an
arrest
was
made
by
mistake,
the
person
arrested
shall
be
released
immediately,
even
by
the
person
who
carried
out
the
arrest.
Article
30
Entry
into
private
Places
for
the
Purpose
of
arrest
1. Whoever
is
required
to
arrest
a
person
on
the
grounds
of:
a) such
person
being
caught
in
the
act
of
committing
an
offence
(in
flagrante
delicto);
b) a
warrant
of
arrest;
may
enter
without
warrant
any
place,
including
a
dwelling
house,
where
the
person
to
be
arrested
has
taken
refuge
provided:
i) there
is
an
urgent
necessity
so
to
do,
and
ii) there
are
grounds
for
belief
that
a
search
warrant
cannot
be
obtained
without
affording
the
person
to
be
arrested
the
opportunity
to
escape
or
the
opportunity
to
destroy
or
interfere
with
items
of
evidence.
2. If
the
person
in
charge
of
a
place
refuses
to
allow
such
entry,
force
may
be
used
to
effect
the
entry.
15
3. When
the
place
to
be
entered
under
this
Article
is
occupied
by
a
woman
who
according
to
custom
does
not
appear
in
public,
the
person
intending
to
make
the
arrest
shall,
before
entry,
allow
such
woman
every
reasonable
opportunity
to
retire
to
a
suitable
place
or
to
cover
herself
adequately.
Article
31
Search
of
arrested
Persons
1. A
person
making
an
arrest
may
search
without
warrant:
a) the
person
arrested;
b) the
place
in
which
such
arrest
was
made;
c) any
place
which
the
person
to
be
arrested
entered
while
trying
to
evade
arrest.
2. A
person
making
a
search
may
seize
any
article
found
on
the
person
arrested
or
in
the
place
searched
which
may
be
used
as
evidence
in
the
case.
Article
32
Provisions
relating
to
Arrest
to
be
strictly
Observed
1. A
Judge
to
whom
an
arrested
person
is
taken,
in
accordance
with
Articles
39
and
45,
shall
enquire
whether:
a) the
provisions
of
Section
II
and
III
of
this
Chapter
were
strictly
followed
in
making
the
arrest,
and
b) there
has
been
any
unjustifiable
delay
in
bringing
the
arrested
person
before
him.
2. If
the
Judge
finds
any
violation
of
the
said
provisions
or
finds
unjustified
delay
in
the
presentation
of
the
arrested
person,
he
shall:
a) cause
criminal
proceedings
to
be
instituted
against
the
person
responsible,
if
such
violation
or
delay
amounts
to
an
offence;
b) order
that
disciplinary
action
be
taken
by
the
competent
authority
against
the
person
responsible,
if
the
violation
or
delay
does
not
amount
to
an
offence.
Article
33
Reporting
of
Arrests
Every
Police
Officer
in
charge
of
a
Police
Station
shall
immediately
report
to
the
Office
of
the
Attorney
General
and
to
the
competent
Court:
a) the
arrest
of
any
person,
and
b) the
release
of
any
arrested
person,
which
takes
place
within
the
limits
of
the
area
of
his
command,
stating
the
reasons
therefor.
Section
II
ARREST
WITHOUT
WARRANT
Article
34
Person
who
may
arrest
without
a
Warrant
1. A
judge,
the
Attorney
general
and
his
Deputies
and
a
Police
Officer
may
arrest
without
warrant,
in
accordance
with
the
provisions
of
this
Section.
2. A
private
person
may
arrest
without
warrant
in
the
cases
indicated
in
Article
35.
A
private
person
who
makes
such
arrest
shall
immediately
take
the
arrested
person
to
a
Police
Officer.
16
Article
35
Mandatory
Arrest
of
Persons
caught
in
the
Act
of
committing
a
Crime
(in
Flagrante
Delicto):
A
person
shall
be
arrested
without
a
warrant
if
caught
in
the
act
of
committing
(in
flagrante
delicto):
a) any
offence,
attempted
or
committed,
against
the
Personality
of
the
State
for
which
the
punishment
is
imprisonment
or
a
more
serous
punishment;
b) any
offence,
attempted
or
committed,
of:
i) escape
from
lawful
custody;
ii) devastation
and
pillage;
iii) slaughter;
iv) knowingly
causing
epidemics,
poisoning
of
water
or
foodstuff;
v) carnal
violence,
acts
of
lust
committed
with
violence,
unnatural
offences
committed
with
violence,
abduction
for
purposes
of
lust;
vi) abortion
without
consent;
vii) murder,
infanticide,
death
caused
to
a
person
with
his
own
consent
with
aggravating
circumstances,
grievous
or
very
grievous
hurt,
pre
intentional
homicide,
affray
with
aggravating
circumstances;
viii) insult
with
aggravating
circumstances
in
respect
of
which
proceedings
are
initiated
by
the
State.
ix) Reduction
to
slavery,
dealing
and
trading
in
slaves,
enforced
subjection;
x) Seizure
of
a
person;
xi) Theft
in
respect
of
which
proceedings
are
initiated
by
the
State,
robbery,
extortion,
killing
or
injuring
of
animals
belonging
to
another
in
respect
of
which
proceedings
are
initiated
by
the
State.
c) any
other
offence
for
which
the
law
prescribes
mandatory
arrest
of
a
person
caught
in
flagrante
delicto.
Article
36
Discretionary
Arrest
of
Persons
caught
in
Flagrante
Delicto
A
person
may
be
arrested
without
warrant
when
caught
in
flagrante
delicto
for
an
offence:
a) punishable
with
maximum
imprisonment
of
more
than
one
year
or
with
a
heavier
penalty;
b) punishable
with
imprisonment
and
the
offence
relates
to:
i) drunkenness,
ii) ii)
firearms,
ammunition
or
explosives,
iii) games
of
chance,
iv) unjustified
possession
of
valuables,
animals,
altered
keys,
or
pick-‐locks,
v) harmful
substances
or
narcotic
drugs;
a) punishable
with
imprisonment
where
the
offence
is
committed
by:
i) a
person
released
on
bail,
ii) a
recidivist
under
the
terms
of
Article
61
of
the
Penal
Code;
b) for
which
arrest
without
warrant
is
authorized
by
law.
2. In
the
cases
referred
to
in
the
preceding
paragraph,
where
the
offence
may
only
be
prosecuted
on
the
complaint
of
the
injured
party,
arrest
in
flagrante
delicto
may
be
made
when
the
injured
party
reports
to
the
nearest
Judge,
Office
of
the
Attorney
General
or
Police
Officer
that
he
has
the
intention
to
make
a
complaint
for
such
offence.
Article
37
Definition
of
“Flagrante
Delicto”
17
1. From
the
purposes
of
this
Code,
unless
the
Context
indicates
otherwise,
the
expression
“a
person
caught
in
flagrante
delicto
shall
mean
a
person
who:
a) is
caught
in
the
act
of
committing
an
offence;
b) is
pursued,
immediately
after
the
commission
of
the
offence,
by:
i) a
Police
Officer,
or
ii) an
injured
party,
or
iii) any
other
person;
c) Is
caught,
immediately
after
the
commission
of
the
offence,
with
objects
or
traces
which
clearly
show
that
he
committed
the
offence.
2. The
following
offences
shall
be
regarded
as
committed
in
flagrante
delicto:
a) any
permanent
offence
until
such
time
as
the
permanence
of
the
offence
has
ceased;
b) escape
from
lawful
custody
until
such
time
as
the
fugitive
has
been
arrested
or
surrenders.
Article
38
Arrest
of
Persons
Suspected
of
having
committed
an
Offence
A
police
Officer
may
arrest
a
person
without
warrant:
a) in
case
of
urgent
necessity
when
there
are
grounds
to
believe
that:
i) the
person
to
be
arrested
has
committed
an
offence
for
which
the
maximum
punishment
is
imprisonment
for
more
than
2
years
or
a
heavier
punishment;
ii) a
warrant
of
arrest
cannot
be
obtained
in
time;
iii) it
is
likely
that
the
person
to
be
arrested
will
not
be
found
if
he
is
not
arrested
immediately;
b) under
the
provisions
of
paragraph
2
of
Article
50.
Aticle
39
Person
Arrested
without
Warrant
to
be
taken
before
a
Judge
1. A
person
arrested
without
warrant
shall
be
taken
immediately,
and
in
any
case
not
later
than
48
hours
from
the
time
of
his
arrest,
before
the
competent
Court
or
before
the
Court
nearest
to
the
place
of
arrest:
provided
that
the
time
necessary
to
travel
to
the
Court
from
the
place
of
arrest
shall
not
be
included
in
the
48
hours.
2. A
Police
Officer
taking
an
arrested
person
before
a
Judge
shall,
at
the
same
time,
prepare
and
submit
to
him
a
summary
report
showing:
a) the
facts
of
the
case
and
the
reasons
for
the
arrest;
b) details
of
the
evidence
obtained;
c) when
possible,
the
personal
details
of:
i) the
arrested
person,
ii) ii)
the
injured
party,
iii) any
person
having
information
concerning
the
circumstances
of
the
offence.
3. Having
examined
the
summery
report,
the
Judge:
18
a) if
the
case
falls
within
the
provisions
of
paragraph
2
of
Article
70,
shall
order
that
no
proceedings
shall
be
instituted
against
the
person
arrested,
in
accordance
with
the
provisions
of
Article
77,
and
order
the
immediate
release
of
the
person
arrested;
b) if:
i) the
offence
committed
is
one
for
which
a
warrant
of
arrest
cannot
be
issued
in
accordance
with
the
provisions
of
Article
42
and
43;
or
ii) the
arrest
was
not
carried
out
in
conformity
with
the
provisions
of
Articles
35,
36,
38
or
50;
the
Judge
shall
order
the
immediate
release
of
the
person
arrested;
c) in
other
cases
shall
confirm
the
arrest
and
remand
the
arrested
person
to
custody,
in
accordance
with
the
provisions
of
Article
46,
unless
he
releases
him
on
bail
in
accordance
with
Article
59
and
60.
4. If
the
arrest
is
not
confirmed
by
the
Judge
within
a
period
of
8
days
from
the
day
when
it
took
place,
the
arrest
shall
be
considered
as
rescinded
and
the
arrested
person
shall
be
released.
5. In
the
cases
referred
to
in
sub-‐paragraph
c)
of
paragraph
3
of
this
Article,
the
Judge
shall:
a) explain
to
the
person
arrested
the
substance
of
the
charge;
b) inform
the
arrested
person
that,
at
the
present
state
of
the
proceedings,
he
is
not
required
to
make
any
statement,
but
that
any
statement
which
he
does
make
may
be
used
as
evidence
against
him;
c) record
any
statement
made
by
the
arrested
person.
6. A
Judge
shall
not
question
the
arrested
person
unless:
a) the
arrested
person
wishes
to
make
a
statement,
and
b) any
such
questions
asked
by
the
Judge
are
for
the
purpose
of
clarifying
any
statement
so
made
by
the
arrested
person.
7. Any
measure
taken
by
a
Judge
in
accordance
with
the
provisions
of
this
Article
shall
be
immediately
notified,
by
the
Police
Officer
who
has
brought
the
arrested
person
before
the
Judge,
to:
a) the
Office
of
the
Attorney
General,
and
b) the
competent
Court,
if
the
arrested
person
had
not
been
brought
before
a
Judge
of
such
Court.
Section
III
ARREST
WITH
WARRANT
Article
40
Condition
required
for
the
Issue
of
a
Warrant
of
Arrest
and
Authorities
empowered
to
Issue
such
Warrant
1. A
warrant
of
arrest
may
be
issued
when
there
are
grounds
to
believe
that:
a) an
offence
has
been
committed;
b) the
offence
was
committed
by
the
accused
person.
2. A
warrant
of
arrest
may
only
be
issued
by:
a) the
competent
Judge,
up
to
the
time
of
the
commencement
of
the
trial
in
a
Court
of
first
instance;
b) the
President
of
the
competent
Court,
at
any
other
state
of
the
proceedings.
19
Article
41
Form
of
Warrant
of
Arrest
1. Every
warrant
of
arrest
shall
be
issued
in
duplicate,
and
shall
contain:
a) the
name
of
the
Court
issuing
the
warrant;
b) The
date
on
which
the
warrant
is
issued;
c) The
personal
details
of
the
accused,
or,
if
these
are
not
known,
any
other
indication
by
which
he
can
be
identified
with
reasonable
certainty;
d) The
essential
elements
constituting
the
offence
for
which
the
arrest
has
been
ordered;
e) the
signature
of
the
Judge
and
the
seal
of
the
Court
which
issued
the
warrant.
2. No
person
arrested
under
a
warrant
shall
be
released
solely
on
the
grounds
that
the
warrant
is
defective
in
form.
Article
42
Cases
in
Which
the
Issue
of
a
Warrant
of
Arrest
is
Mandatory
1. A
warrant
of
arrest
shall
be
issued
against
a
person
accused
of:
a) any
of
the
offences
referred
to
in
Article
35;
b) an
offence
for
which
the
maximum
punishment
is
imprisonment
for
not
less
than
10
years,
or
a
heavier
penalty;
c) any
other
offence
for
which
a
warrant
of
arrest
is
mandatory
by
law.
2. A
warrant
of
arrest
shall
be
issued
also:
a) in
accordance
with
the
provisions
of
paragraph
4
of
Article
47;
b) in
accordance
with
the
provisions
of
paragraph
1
of
Article
63.
Article
43
Cases
in
which
the
Issue
of
a
Warrant
of
Arrest
is
discretionary
A
warrant
of
arrest
may
be
issued:
a)
for
an
offence
for
which
the
minimum
punishment
is
imprisonment
for
not
less
than
6
months;
b) for
any
other
offence
for
which
the
issue
of
a
warrant
of
arrest
is
authorized
by
law;
c)
against
a
person
who
has
received
a
summons
to
appear
before
a
Court:
i) if
there
are
grounds
to
believe
that
such
person
has
left
or
is
about
to
leave
the
territory
of
the
State,
or
intends
not
to
appear
before
the
Court;
or
ii) if
such
person
has
failed,
without
justifiable
reason,
to
appear
before
the
Court
at
the
time
and
place
specified
in
the
summons
or
in
any
subsequent
order.
Article
44
Execution
of
Warrant
of
Arrest
1. Every
Police
Officer
shall
execute
a
warrant
of
arrest
as
soon
as
possible.
2. If
the
accused
is:
20
a) a pregnant woman or woman nursing her own child;
b) a person in a very serious state of ill-‐health;
the Court which issued the warrant may order a stay of execution of the warrant until such time as the
cause of the stay of execution no longer exists.
3. unless there is an urgent necessity, a warrant of arrest shall not be executed in a private
dwelling house between the hours of 6 p.m. to 7 a.m.
4. A Police Officer who executes a warrant of arrest shall:
a) inform the person to be arrested of the substance of the warrant;
b) serve the warrant on the person to be arrested as soon as possible.
Article 45
Person arrested on a Warrant of Arrest to be taken before a Judge
1. Unless he is released on bail in accordance with the provisions of paragraph 2 of Article 62, a
person arrested on a warrant of arrest shall, without unnecessary delay, be taken before:
a) a competent Judge, or
b) a Judge of the Court nearest to the place of the arrest, if the competent Judge is
situated more than 50 kilometers from such place.
2. Insofar as applicable, the provisions of sub-‐paragraph c) of paragraph 3 and of paragraphs
5, 6 and 7 of Article 39 shall apply, provided that, if bail is granted by a Court other than the competent
Court, such decision may be modified or revoked by the competent Court.
Section IV
CUSTODY BEFORE TRIAL
Article 46
Remand of Accused Person to Custody
An order remanding an arrested person to custody, issued by a competent Judge or by the
competent Court, shall provide that the accused:
a) shall be detained in prison or elsewhere;
b) shall be brought before a Court in accordance with the conditions of the order.
Article 47
Duration of Custody before Trial
1. Unless the Court has ordered the trial of the accused in accordance with sub-‐paragraph b) (i)
of Article 75, the accused shall be released when the period of custody has exceeded:
a) 90 days, if the offence falls within the jurisdiction of the Assize Section or the Military
Penal Section of the Regional Court, and the punishment laid down by law is death or
life imprisonment;
b) 60 day for other offences which fall within the jurisdiction of the Assize Section or of
the Military Penal Section of the Regional Court;
c) 45 days when the offence falls within the jurisdiction of the General Section of the
Regional Court;
d) 15 days when the offence falls within the jurisdiction of the Criminal Section of the
District Court,
21
provided
that
the
Court
of
Appeal,
on
application
from
the
Attorney
General
or
one
of
his
Deputies,
may
allow
the
period
of
custody
to
be
increased
for
a
further
period
not
more
than
the
maximum
period
of
custody
provided
above
for
each
type
of
offence.
2. The
period
of
custody
shall,
for
all
purposes,
commence
on
the
day
on
which
the
accused
was
arrested.
3. Until
the
date
of
the
trial
has
been
fixed,
an
accused
in
custody
shall
be
brought
before
the
Judge
every
seven
days.
In
any
case
when
this
provision
has
been
violated
the
judge
shall,
in
accordance
with
Article
32,
take
action
against
the
person
responsible.
4. When
releasing
an
accused
person
in
accordance
with
paragraph
1
of
this
Article,
the
Judge
may
impose
on
the
accused
any
conditions
which
he
deems
appropriate
to
ensure
the
appearance
of
the
accused
before
the
competent
Court.
If:
a) the
accused
breaks
any
conditions
imposed
upon
him,
or
b) there
are
grounds
to
believe
that
the
accused
has
left
a
warrant
for
his
arrest
shall
be
issued
and
thereafter
the
time-‐limit
prescribed
for
custody
shall
begin
to
run
again.
CHAPTER
II
Summons
to
Appear
before
a
Court
Article
48
Conditions
for
the
Issuance
of
a
Summons
and
Authorities
Empowered
to
issue
it
1. A
summons
to
appear
before
a
Court
shall
be
issued
when
there
are
grounds
to
believe
that:
a) an
offence
has
been
committed;
b) the
accused
committed
the
offence.
2. A
summons
to
appear
before
the
Court
may
only
be
issued
by
a
competent
Judge,
in
accordance
with
sub-‐paragraph
b)
2)
of
Article
75.
Such
summons
shall
consist
of
an
order,
directed
to
an
accused
who
is
not
in
custody,
to
appear
before
the
competent
Court,
at
the
time
and
in
the
place
stated,
to
answer
a
specific
charge.
Article
49
Form
of
Summons
Every
summons
to
appear
before
a
Court
shall
be
issued
in
duplicate
and
shall
contain:
a) the
name
of
the
authority
issuing
it;
b) the
date
on
which
the
summons
is
issued;
c) personal
details
of
the
accused,
or
any
other
indications
by
which
he
can
be
identified
with
reasonable
certainty;
d) the
essential
facts
constituting
the
offence
for
which
the
summons
to
appear
has
been
issued;
e) the
name
of
the
Court
before
which
the
accused
must
appear,
together
with
the
time
and
place
of
appearance;
f) the
signature
of
the
authority
issuing
the
summons
and
the
seal
of
the
Court.
22
Article
50
Obligation
to
furnish
Information
regarding
Identification
1. A
person
against
whom
a
summons
to
appear
has
been
issued
must
provide
full
personal
details
of
himself,
together
with
his
address,
if
so
required
by
Police
Officer.
2. A
Police
Officer
may
arrest
without
warrant
any
person
who,
having
been
lawfully
requested
to
provide
his
personal
details
referred
to
in
paragraph
1:
a) refuses
to
provide
full
personal
details
of
himself,
together
with
his
address;
b) provides
details
which
the
Police
Officer
requesting
them
has
grounds
to
believe
to
be
false.
3. A
person
arrested
in
accordance
with
the
preceding
paragraph
shall
be
released
from
custody,
by
the
person
who
arrested
him
or
by
any
other
competent
authority,
as
soon
as
the
correct
personal
details
and
address
are
known.
If
for
any
reason
such
person
is
not
released,
then
such
person
shall
be
brought
before
a
Judge
in
accordance
with
the
provisions
of
Article
39.
Article
51
Service
Of
Summons
To
Appear
1. A
summons
to
appear
shall
be
served
by:
a) a
Police
Officer;
b) a
Court
Officer;
c) any
other
person
as
the
Court
may
direct.
2. Service
of
the
summons
shall
be
executed
by
delivering
one
of
the
duplicates
of
the
summons
to
the
accused
who
shall,
if
so
required
by
the
serving
officer,
sign
a
receipt
for
it
on
the
back
of
the
other
duplicate.
If
the
accused
refuses
to
accept
the
summons
or
to
sign
a
receipt
for
it,
the
officer
serving
the
summons
shall
record
the
fact
on
the
summons,
which
shall
then
be
deemed
to
have
been
served.
3. If,
despite
the
exercise
of
due
diligence,
the
accused
cannot
be
found,
the
summons
shall
be
served
by
leaving
one
of
the
duplicates
for
delivery
to
the
accused
with:
a) a
member
of
his
family,
b) an
employee
who
lives
in
his
house,
or
c) his
employer.
Whoever
accepts
the
summons
shall,
at
the
request
of
the
officer
serving
it,
sign
his
name
on
the
back
of
the
other
duplicate.
Under
no
circumstances
can
a
summons
be
delivered
in
accordance
with
the
provisions
of
this
paragraph
to
a
person
who:
i) is
less
than
14
years
of
age;
ii) is
clearly
of
unsound
mind;
iii) is
clearly
in
a
state
of
drunkenness;
iv) is
an
injured
party
in
the
case.
4. if,
despite
the
exercise
of
due
diligence,
it
is
not
possible
to
serve
the
summons
in
accordance
with
the
provisions
of
paragraph
2
and
3
of
this
Article,
the
summons
shall
be
served
by
affixing
one
of
the
duplicates
to
some
conspicuous
part
of
the
house
or
place
in
which
the
accused
ordinarily
resides.
5. If
the
accused
is
in
the
active
service
of
the
Government
or
other
public
body,
the
summons
may
be
sent
for
service
to
the
head
of
the
office
in
which
the
accused
is
employed.
The
head
of
the
office
23
shall
cause
the
summons
to
be
served
in
the
manner
provided
in
paragraph
2
of
this
Article,
and
shall
cause
one
of
the
duplicates
to
be
returned
to
the
issuing
authority.
6. When
the
accused
is
outside
the
territorial
jurisdiction
of
the
competent
Court,
the
summons
shall
be
sent
to
the
Court
within
whose
territorial
jurisdiction
the
person
to
be
summoned
is
to
be
sound
for
service
in
accordance
with
this
Article.
CHAPTER
III
Miscellaneous
Measures
Section
I
SEARCH
AND
SEIZURE
Article
52
Search
and
seizure
Search
and
seizure,
whether
with
or
without
a
warrant,
shall
be
undertaken
in
the
cases
and
in
the
manner
prescribed
by
the
law.
Article
53
Issue
of
Warrant
of
Search
and
seizure
A
search
warrant,
or
a
warrant
of
seizure,
may
only
be
issued
by:
a) a
competent
Judge,
up
to
the
time
of
commencement
of
proceedings
by
a
Court
of
first
instance;
b) the
President
of
the
competent
Court
at
any
other
stage
of
the
proceedings.
Article
54
Form
of
Warrant
of
Search
and
Seizure
Every
warrant
of
search
or
seizure
shall
be
issued
in
duplicate
and
shall
contain:
a) the
name
of
the
issuing
authority;
b) the
date
on
which
the
warrant
is
issued;
c) reasons
for
the
issue
of
the
warrant;
d) personal
details
of
the
person
to
be
searched
or
wanted
or,
if
these
are
not
known,
any
nicknames
or
other
indications
by
which
he
can
be
identified;
e) details
and
whereabouts
of
the
place
or
object
to
be
searched;
f) a
description
of
the
object
to
be
seized
and
of
any
person
with
control
over
possession
of
such
object;
g) the
signature
of
the
authority
issuing
the
warrant,
and
the
seal
of
the
Court.
Article
55
Cases
in
which
Warrants
to
Search
or
seize
may
be
issued
1. A
search
warrant
may
be
issued:
a) when
there
are
grounds
to
believe
that:
24
i) an
object
pertinent
to
an
offence
may
be
found
on
some
specified
person,
or
on
or
in
some
specified
place
or
object;
ii) on
search
of
some
specified
place,
a
person
to
be
arrested
may
be
found
therein;
iii) on
search
of
some
specified
place,
a
person
unlawfully
detained
may
be
found
therein;
b) when
it
is
necessary
to
search
any
specified
person,
place
or
thing,
for
the
purpose
of
finding
any
material
evidence
which
may
have
a
bearing
on
the
offence.
2. A
warrant
of
seizure
may
be
issued
when
there
are
grounds
to
believe
that
a
certain
object
pertinent
to
an
offence
may
be
found
and
seized.
3. Any
object,
which
is
pertinent
to
an
offence
and
is
found
during
a
search,
may
be
seized
on
the
strength
of
a
search
warrant,
when
the
person
who
has
control
over
or
possession
of
the
object
to
be
seized
refuses
to
deliver
it.
The
warrant
of
seizure
shall
be
deemed
to
include
the
power
to
search,
to
the
extent
necessary
to
fulfil
the
execution
of
the
warrant
of
seizure.
Article
56
Execution
of
warrants
of
Search
and
of
Seizure
1. A
warrant
of
search
or
of
seizure
may
not
be
executed
in
a
private
dwelling
house
between
the
hours
of
6
p.m.
and
7
a.m.
Unless:
a) there
is
some
urgent
necessity
for
its
execution;
or
b) the
issuing
authority
has
authorized
its
execution
at
any
hour.
2. One
of
the
duplicates
of
the
warrant
shall
be
given
to
the
person
to
be
searched
for
to
the
person
in
charge
of
the
place
or
object
to
be
searched
or
seized.
Article
57
Other
Rules
to
be
observed
in
Search
and
Seizure
1. The
person
making
the
search
or
seizure
may:
a) use
reasonable
force
to
carry
out
the
search
or
seizure
if
resistance
or
refusal
to
allow
the
search
or
seizure
is
offered;
b) search
any
person
present
in
the
place
being
searched,
if
there
are
grounds
to
believe
that
such
person
is
concealing
an
object
pertinent
to
the
offence.
2. Any
person
subject
to
search,
or
any
person
in
charge
of
a
place
subject
to
search
or
of
an
object
subject
to
search
or
seizure,
shall
afford
all
reasonable
facilities
for
the
execution
of
such
search
or
seizure.
3. In
carrying
out
the
search
of
a
person:
a) decency
shall
be
fully
observed,
and
b) the
search
of
a
woman
shall
only
be
undertaken
by
a
woman.
4. If
a
woman
is
in
charge
of
the
place
to
be
searched,
or
of
the
object
to
be
searched
or
seized,
and
such
woman
does
not,
according
to
custom,
appear
in
public,
such
woman
shall
be
given
every
reasonable
opportunity
to
retire
to
a
suitable
place
or
to
cover
herself
adequately.
25
5. No papers or documents which are in the custody of Counsel or technical consultants in
connection with the performance of their duties shall be seized, unless such papers or documents are the
subject, instrument or fruit of the offence.
Article 58
Search and Seizure without Warrant – Confirmation by the Judge
1. A Police Officer in charge of investigations in accordance with Article 24 may undertake a
search or seizure, without warrant, in case of urgent necessity, when ere are grounds to believe that
during the time required to obtain such warrant:
a) material evidence may be destroyed or altered;
b) the wanted person may abscond.
2. A Police officer who has undertaken a search or seizure without warrant shall forthwith so
inform the competent Judge or a Judge of the Court nearest to where the search or seizure took place, and
also the Office of the Attorney General, stating:
a) the reasons necessitating, and
b) the results of
c) such search or seizure.
3. If such search or seizure without warrant is not confirmed by a Judge within 8 days, such
search and seizure shall be deemed to have been unauthorized and shall be null and void.
4. Insofar as applicable, the provisions of article 32 and of paragraph 7 of Article 39 shall be
observed in regard to searches or seizures undertaken without a warrant.
Section II
RELEASE ON BAIL
Article 59
Bail
1. Release on bail shall mean:
a) refraining from arresting an accused person against whom a warrant of arrest has
been issued, in the cases referred to in paragraph 2 a) of Article 60;
b) releasing a person who has been lawfully arrested.
2. Release on bail may be granted:
a) subject to the execution of a bond:
i) by the accused person, or
ii) by other person, or
iii) by both the accused person and by other persons jointly, for the specific
purpose of ensuring the appearance of the accused in the competent Court;
b) subject to any other conditions which the Court may deem fit.
3. Except as otherwise provided in this Code, bail shall not be granted in those cases where the
issue of a warrant of arrest is mandatory.
Article 60
Grant of Bail
1. Except as otherwise provided in this Code, bail may only be granted:
26
a) by a Judge before whom an arrested person has been brought, or by a
competent Judge up to time of commencement of proceedings in a Court of first
instance;
b) By the President of a competent Court, at any other state of the proceedings.
2. In those cases for which bail is allowed, bail may be granted:
a) by virtue of an order allowing bail contained in the warrant of arrest, or
b) at any later stage in the proceedings, in accordance with the provisions of
paragraph 2 of Article 59.
Article 61
Type and Amount of the Bond
1. A bond shall consist of an amount of money which the guarantor, in accordance with the
directions of the Court granting the bail, shall;
a) deposit with the Court, or
b) guarantee to pay if any of the conditions of the bail are broken.
2. On granting bail, a Court shall determine:
a) the number and the financial position of the guarantors;
b) the amount of the bond;
c) whether the amount:
i) shall be deposited in Court, or
ii) shall be paid in cases of violation of the obligations relating to the bail.
The amount of the bond shall be fixed with due regard to the circumstances of the parties concerned, and
shall not be excessive.
Article 62
Release Dependent Upon Fulfillment Of Conditions
1. A person shall only be released on bail provided the conditions laid down in regard to the
bond have been fulfilled.
2. Where the warrant of arrest contains an order allowing bail, the person executing the
warrant shall refrain from arresting the accused or shall release him and shall not bring him before a
Court, in accordance with Article 45, provided the conditions relating to the bond are fulfilled in time.
Article 63
Revocation of Bail
1. The Court competent to grant bail, in accordance with the provisions of paragraph 1 of Article
60, may order the revocation of the bail and may issue a warrant of arrest against the accused if:
a) the accused breaks any of the conditions imposed upon him;
b) there are grounds to believe that the accused has left, or is about to leave the
territory of the State.
c) The amount of the bond:
i) is not sufficient because of fraud, mistake or similar cause;
ii) has subsequently become insufficient for any other reason.
27
d) any of the guarantors:
i) applies, for any reasonable cause, to be released from the bond;
ii) has died;
iii) must leave, or there are grounds, to believe he has left, the territory of the
State.
2. If bail has been revoked for any of the reasons stated in sub-‐paragraphs c) and d) of the
preceding paragraph, bail may be granted again to the accused.
3. A guarantor, who has requested to be released from a bond, shall only be so released after the
accused has been arrested in accordance with paragraph 1 of this Article.
Article 64
Forfeit of Bond Money
1. If any conditions of bail are broken, the Court granting the bail, in accordance with
paragraph 1 of Article 60, may order that the sum deposited or guaranteed shall be paid over in whole or
in part to the Treasury.
2. If a guarantor fails to pay, without reasonable justification, within the time-‐limit set by the
Court the sum which the Court has ordered to be paid in accordance with paragraph 1 of this Article,
proceedings shall be instituted against the guarantor for the recovery of the sum in conformity with the
procedure applicable to the execution of civil judgements.
Section III
PROCEDURE FOR SAFEGUARDING PERSONAL LIBERTY
Article 65
Search For Person Unlawfully Deprived Of Personal Liberty
A competent Judge, when he has grounds to believe that any person is deprived of his
personal liberty and that such deprivation may constitute an offence, may issue a search warrant in
accordance with the provisions of paragraph 1 of Article 55.
for the purpose of finding such person. If any such person is found, the person undertaking the search shall
immediately take such person before a Judge, who shall take such measures as may be necessary or
desirable, taking into account the relevant circumstances.
Article 66
Habeas Corpus
The Supreme Court, or the Court of Appeal within the limits of its own jurisdiction, may order
that nay person held in arbitrary detention or in cases other than those provided bay law shall be set at
liberty at once.
Article 67
Order To Produce A Person
A Regional Court or District Court may order, when it considers it necessary, that any person
who is found within the limits of its jurisdiction shall be brought before it to be dealt with accordance to
law.
Section IV
RECORD OF CONFESSIONS
28
Article
68
Rules
to
be
Observed
by
a
Judge
Receiving
a
Confession
1. A
Judge
may
receive
a
confession
made
to
him
at
any
time.
2. A
Judge
shall
not
receive
a
confession
unless
he
is
convinced,
by
examination
of
the
person
making
it,
that
the
confession
is
being
made
voluntarily.
3. The
confession
shall
be:
a) recorded
in
writing
in
full
by
the
Judge;
b) read
over
by
the
Judge
to
the
person
making
the
statement;
c) signed
by:
i) the
person
making
the
confession,
ii) the
Judge;
d) certified
by
the
Judge,
before
he
signs
it,
to
have
been
recorded
strictly
in
compliance
with
the
provisions
of
this
Article.
4. Non-‐compliance
with
the
provisions
of
this
Article
shall
make
the
confession
null
and
void,
and
the
Court
may
so
declare
on
its
own
motion
or
on
the
request
of
one
of
the
parties
at
any
stage
of
the
proceedings.
PART
III
PRE-‐TRIAL
PROCEDURE
CHAPTER
I
Responsibilities
of
the
Attorney
General
Article
69
Duties
of
the
Attorney
General
Except
as
otherwise
provided
by
law,
the
Attorney
General
shall
initiate
penal
proceedings
against
an
accused
person.
Article
70
Responsibilities
of
the
Attorney
General
before
a
Trial
1. On
receiving
a
report
of
Police
investigation
in
the
manner
laid
down
in
paragraph
3
of
Article
26,
the
Attorney
General:
a) if
he
is
satisfied
that
the
evidence
collected
provides
a
prima
facie
case
that
an
offence
has
been
committed
and
that
it
was
committed
by
the
accused,
shall:
i) frame
a
charge
in
accordance
with
the
provisions
of
Article
71;
ii) present
such
charge
before
the
competent
Court;
iii) request
the
Court
to
fix
a
date
for
the
trial
and
to
take
any
other
necessary
steps
for
purposes
of
trial,
except
in
the
cases
laid
down
in
the
following
paragraph;
29
b) if
he
is
satisfied
that
the
evidence
collected
does
not
provide
a
prima
facie
case
an
offence
has
been
committed
and
that
it
was
the
accused
who
committed
it,
may;
i) order
further
investigations
to
be
made,
if
he
considers
that
such
investigations
will
bring
more
evidence
to
light,
or
ii) otherwise
proceed
to
close
the
case
in
accordance
with
the
provisions
of
Article
72.
2. When
it
is
evident
that:
a) an
offence
was
not
committed;
b) the
offence
was
not
committed
by
the
accused;
c) the
author
of
the
crime
is
not
liable:
i) because,
in
accordance
with
the
provisions
of
Article
50
of
the
Penal
Code,
he
was
by
reason
of
infirmity
in
a
state
of
mind
such
as
to
preclude
capacity
of
understanding
and
of
volition;
ii) because,
in
accordance
with
the
provisions
of
Article
59
of
the
Penal
Code,
he
had
not,
at
the
time
of
committing
the
crime,
attainted
14
years
of
age;
d) the
offence
has
been
extinguished:
i) by
the
death
of
the
accused,
under
Article
143
of
the
Penal
Code;
ii) by
amnesty,
in
accordance
with
Article
144
of
the
Penal
Code;
iii) when,
in
accordance
with
Article
145
of
the
Penal
Code,
in
case
of
offences
punishable
on
complaint
of
the
injured
party,
the
complaint
has
been
withdrawn
and
the
withdrawal
has
not
been
expressly
rejected
under
the
terms
of
Article
87
of
the
Penal
Code,
or
the
injured
party
has
died;
iv) by
the
compounding
of
a
contravention
under
the
terms
of
Article
146
of
the
Penal
Code;
e) proceedings
cannot
be
instituted
against
the
accused:
i) because,
in
accordance
with
the
provisions
of
Article
81
of
the
Penal
Code,
the
offence
concerned
is
one
that
may
only
be
punishable
upon
complaint
of
an
injured
party
and
no
such
complaint
has
been
made;
ii) because,
in
accordance
with
paragraph
3
of
Article
13
of
this
Code,
he
has,
on
the
same
facts,
been
finally
convicted
or
acquitted,
or
orders
for
the
case
not
to
be
proceeded
with
have
been
lawfully
given;
iii) because,
under
the
terms
of
paragraph
5
of
Article
13
of
this
Code,
the
necessary
authorization
to
prosecute
was
not
granted
or
was
denied;
iv) because,
in
accordance
with
the
provisions
of
Article
73
of
this
Code,
penal
action
could
not
be
initiated
because
of
the
expiration
of
the
time
limits
laid
down
in
the
aforesaid
article;
then
the
Attorney
General
,
stating
his
reasons
therefor
and
producing
necessary
evidence
thereof,
shall
request
the
competent
Court
to
order
that
proceedings
be
terminated
and
any
other
necessary
steps
be
taken.
Article
71
Form
of
Charge
1. A
charge
shall
be
in
duplicate
and
shall
contain:
a) the
name
of
the
authority
making
the
charge;
b) the
date
on
which
it
is
made;
c) the
personal
details
of
the
accused
or,
if
these
are
not
know,
other
indications
by
which
he
can
be
identified
with
reasonable
certainty;
d) the
offence
charged,
together
with
a
plain,
concise
statement
of
the
acts
constituting
the
offence,
including
the
time
and
place
of
the
commission
of
the
offence,
and
the
person
against
who,
or
the
thing
in
respect
of
which,
the
offence
was
committed;
30
e) the
law,
and
the
articles
of
the
law,
against
which
the
offence
is
said
to
have
been
committed;
f) a
statement
of
the
aggravating
circumstances,
except
for
recidivism,
and
of
circumstances
which
may
warrant
the
application
of
security
measures,
with
the
indication
f
the
articles
of
the
law
relating
thereto;
g) the
personal
details
of
the
injured
party
and
of
the
person
who
appears
to
be
acquainted
with
the
circumstances
of
the
offence;
h) the
indication
of
whether
the
accused
is
held
in
custody;
i) the
signature
of
the
authority
who
makes
the
charge,
and
the
seal
of
the
office.
2. When,
a) the
accused
is
charged
with
more
than
one
offence:
i) the
charges
shall
be
consecutively
numbered;
ii) the
provisions
of
sub-‐paragraphs
d,
e),
f)
and
g)
of
the
previous
paragraph
shall
apply
to
each
charge;
b) two
or
more
persons
are
jointly
charged:
i) the
charge
shall
show
the
offence
or
offences
with
which
each
accused
is
charged;
ii) the
provisions
of
sub-‐paragraphs
c),
d),
e),
f),
apply
in
the
case
of
each
accused.
Article
72
Closing
of
the
Case
1. Whenever
a
decision
regarding
the
closing
of
a
case,
as
provided
for
by
sub-‐paragraph
b)
ii)
of
paragraph
1
of
Article
70
has
not
been
taken
by
the
Attorney
General
himself,
such
decision
shall
be
confirmed
by
the
Attorney
General.
For
such
purpose
the
authority
which
took
the
decision
of
closing
the
case
shall
forward
a
copy
of
the
decision
to
the
Attorney
General
who
may
call
for
the
whole
file
concerning
the
case.
2. The
Attorney
General
may,
whenever
he
does
not
think
it
fit
to
confirm
such
decision,
cancel
it
and
order
that:
a) proceedings
be
taken
against
the
accused
in
accordance
with
the
provisions
of
sub-‐
paragraph
a)
of
paragraph
1
of
Article
70,
or
b) further
investigation
be
made
in
accordance
with
the
provisions
of
sub-‐paragraph
b)
I)
of
paragraph
1
of
Article
70.
3. After
confirmation
by
the
Attorney
General
that
a
case
shall
be
closed,
in
cases
where
confirmation
is
required,
such
decision
to
close
the
case
shall
be:
a) sent
to
the
competent
Court
which
shall
take
the
measures
provided
for
in
Article
76;
and
b) notified
to
the
accused.
4. Apart
form
the
cases
provided
for
in
paragraph
2
of
this
Article
and
where
no
cause
for
the
extinction
of
the
offence
has
occurred,
the
Attorney
General
may
cancel
the
decision
to
close
the
case
when
fresh
evidence
has
been
received
and
such
fresh
evidence,
by
itself
or
in
conjunction
with
the
previous
evidence
makes
it
clear
that
an
offence
was
committed
and
that
it
was
the
accused
who
committed
it.
Article
73
Time-‐Limits
For
The
Commencement
Of
Criminal
Proceedings
1. For
the
purposes
of
this
Code,
unless
the
context
indicates
otherwise,
criminal
proceedings
shall
be
considered
to
have
commenced
against
a
person
as
soon
as
that
person
becomes
an
accused
under
the
terms
of
paragraph
1
of
Article
13.
31
2. Criminal
proceedings:
a) may
be
commenced
at
any
time
in
cases
in
which
the
issue
of
a
warrant
of
arrest
is
mandatory,
in
accordance
with
the
provisions
of
paragraph
1
of
Article
42;
b) shall
not
be
commenced
in
any
other
case,
subject
to
the
provisions
of
the
following
paragraph,
after
the
expiry
of
the
following
time-‐limits
from
the
date
of
offence:
i) 6
years,
in
the
case
of
offences
for
which
the
maximum
punishment
is
more
than
5
years;
ii) 4
years,
in
the
case
of
offence
for
which
the
maximum
punishment
is
more
than
3
years;
iii) 2
years,
in
the
case
of
offences
for
which
the
maximum
punishment
is
not
more
than
3
years;
iv) 6
months,
in
the
case
of
offences
punishable
with
fine
only.
3. The
time-‐limits
prescribed
in
sub-‐paragraph
b)
of
the
preceding
paragraph
shall
begin
from:
a) the
day
of
the
commission
of
the
offence,
in
the
case
of
offences
described
in
Article
16
of
the
Penal
Code
as
“Offences
Committed”.
b) the
day
on
which
the
act
or
omission
on
the
part
of
the
offender
has
ceased
in
the
case
of
attempted
offences;
c) from
the
day
on
which
the
offender
ceased
committing
the
offence
in
the
case
of
permanent
or
continuing
offences,
provided
that,
in
the
case
of
offences
committed
by
public
officers
in
the
course
of
their
duty,
the
time-‐limit
shall
begin
from
the
day
of
the
termination
of
their
service
in
such
capacity.
Article
74
Authorization
to
Prosecute
No
prosecution
may
be
undertaken
without
the
prior
authorization
of
the
Minister
of
Grace
and
Justice
against:
a)
i)
any
member
of
the
Judiciary,
including
assessors;
ii) the
Magistrate
of
Accounts;
iii) a
Regional
Governor;
iv) a
District
Commissioner;
v) a
Chairman
of
a
Local
Council,
for
offences
committed
in
the
exercise
of
their
functions;
b) any
Police
Officer,
for
offences
committed
in
the
course
of
duty
and
relating
to
the
use
of
weapons
or
other
means
of
physical
coercion.
This
provision
shall
apply
to:
i) the
person
performing
the
act;
ii) the
person
ordering
the
act;
iii) any
person
who,
when
lawfully
requested,
has
given
assistance
in
accordance
with
the
provisions
of
Article
27.
CHAPTER
II
32
RESPONSIBILITIES OF THE COURTS
Article 75
Fixing Date Of Trial And Other Related Measures
The competent Judge, as soon as he has received the charge and the request to fix a date for
hearing the case in accordance with sub-‐paragraph a) of paragraph 1 of Article 70, shall;
a) fix the date for the hearing of the trial;
b) issue:
i) the order to bring the accused before the Court, in accordance with the
provisions of Article 79, if the accused is in custody;
the summons to appear before the Court, in accordance with the provisions of Articles 48 and 49, if the
accused is not in custody,
c) direct that the order to bring the accused before the Court or the summons to
appear:
ii) be notified to the accused, in accordance with the provisions of articles 79
and 51, with a copy of the charge attached;
iii) be communicated to the Attorney General by means of a copy;
d) appoint a defence Counsel for the accused in the cases coming within the provisions
of sub-‐paragraph b) of paragraph 2 of Article 14 of the Law on the Organization of
the Judiciary, when the accused has not appointed his own defence Counsel, and
direct that the appointment be communicated to the accused and the said defence
Counsel;
e) issue summons, in accordance with Article 80, to:
i) the injured party;
ii) the witnesses indicated by the parties.
Article 76
Procedures Relating To The Closing Of The Case Indicated By The Parties
The competent Judge, on receiving notice of a decision to close the case, in accordance with
the provisions of paragraph 3 of Article 72, shall:
a. if he accused is in custody, order his immediate release;
b. if the accused is subject to some provisional security measures, in accordance with the
provisions of Article 78, immediately order the revocation of such measures;
c. if the accused is on bail, order:
i) the cancellation of the conditions imposed by the bail under the provisions of
paragraph 2 of Article 59;
ii) release the guarantors from their bonds and return to them any deposit made
by them with the Court, in accordance with the provisions of sub-‐paragraph
a) of paragraph 1 of Article 61;
d. if the accused was released because of the expiration of the time-‐limits established for
custody, order the cancellation of the conditions imposed in accordance with
paragraph 4 of Article 47.
Article 77
Order for the Termination of Proceedings and related Measures
1. In the cases indicated in paragraph 2 of Article 70, the competent Judge, on request of the
Attorney General or of the accused or on his own motion, shall:
a) order that the proceedings be terminated giving the reasons therefor;
33
b) take
the
measures
provided
for
in
Article
76
and
order,
in
the
cases
provided
for
in
the
Penal
Code,
the
application
of
security
measures;
c) direct
that
such
order
and
related
measures
be:
i) notified
to
the
accused,
and
ii) communicated
to
the
Attorney
General
by
means
of
a
copy.
2. In
the
cases
indicated
in
paragraph
2
of
Article
70,
the
order
to
close
the
case
shall
be
equivalent
to
a
judgement
for
the
purposes
of
paragraph
3
of
Article
13,
provided
that,
even
if
it
has
become
irrevocable,
the
order
to
close
the
case
because
of
the
death
of
the
accused,
or
of
lack
of
a
complaint,
or
because
the
authorization
to
prosecute
has
not
granted,
shall
be
no
bar
to
the
institution
of
penal
action
on
the
same
facts
or
against
the
same
persons,
if
death
was
reported
in
error
or
if
the
complaint
or
the
authorization
to
prosecute
has
subsequently
been
duly
made
or
granted.
Article
78
Provisional
Application
of
Security
Measures
In
the
cases
indicated
in
Article
166
of
the
Penal
Code,
provisional
application
of
security
measures
or
revocation
of
such
measures
may
be
ordered
by:
a) the
competent
Judge,
up
to
the
time
of
commencement
of
proceedings
in
a
Court
of
first
instance;
b) the
competent
Court,
at
any
other
state
of
the
proceedings.
Article
79
Order
to
bring
the
Accused
before
the
Court
1. An
order
to
bring
the
accused
before
the
Court
shall
consist
of
an
order,
directed
to
the
authority
holding
the
accused
in
custody,
that
the
accused
shall
be
brought
before
the
competent
Court
at
the
time
and
place
stated,
in
order
that
such
accused
may
answer
a
specific
charge.
Insofar
as
applicable,
the
provisions
laid
down
in
Article
49
shall
apply
to
the
form
of
such
order.
2. The
order
to
bring
the
accused
before
the
Court
shall
be
sent
to
the
authority
holding
the
accused
in
custody.
Such
authority,
after
having
recorded
the
order
in
the
appropriate
register,
shall
notify
the
accused
of
the
order
in
the
manner
provided
for
in
paragraph
2
of
Article
51,
and
shall
return
one
of
the
duplicates
of
the
order
served
on
the
accused
to
the
authority
which
transmitted
it.
Article
80
Service
Of
Summons
On
The
Injured
Party
And
On
Witnesses
1. A
summons
shall
be
served
by
means
of
an
order
addressed:
a) to
the
injured
party;
b) to
witnesses:
i) acquainted
with
the
circumstances
of
the
case;
ii) whose
opinion
on
questions
which
require
particular
knowledge
of
science
or
art
is
found
necessary
or
opportune;
iii) in
possession
of
anything
which
may
be
called
upon
to
be
produced
as
evidence,
iv) directed
them
to
appear
before
the
competent
Court
at
the
time
and
place
indicated.
2. A
summons
may
be
issued:
a) on
request
of
one
of
the
parties
in
the
case,
or
34
b) by
the
Court
on
its
own
motion,
when
the
appearance
of
any
of
the
witnesses
mentioned
in
the
preceding
paragraph
is
considered
to
be
necessary
or
useful
by
such
Court.
3. A
summons
may
be
issued:
a) by
the
competent
Judge,
up
to
the
time
of
commencement
of
proceedings
in
the
Court
of
first
instance;
b) by
the
President
of
the
competent
Court,
at
any
other
stage
of
the
proceedings.
4. A
summons
shall
be
issued
in
duplicate
and
contain:
a) the
name
of
the
authority
issuing
it;
b) the
date
on
which
it
is
made;
c) the
personal
details
of
the
person
summoned
to
appear,
or,
if
these
are
not
known,
other
indications
by
which
he
can
be
identified
with
reasonable
certainty;
d) personal
details
of
the
accused;
e) the
reasons
for
which
the
appearance
is
ordered;
f) name
of
the
Court
before
which
the
person
shall
appear,
together
with
the
time
and
place
fixed;
g) the
signature
of
the
Judge
issuing
it
and
the
seal
of
he
Court.
5. The
same
provisions
for
the
service
of
summons
laid
down
in
Article
51
or,
if
the
person
summoned
is
in
custody,
the
provisions
laid
down
in
paragraph
2
of
Article
79
shall
apply.
6. In
urgent
cases,
the
person
mentioned
in
paragraph
1
of
this
Article
may
be
summoned
to
appear
by
other
means,
including
a
verbal
order
from
a
Police
Officer.
7. If
a
person
fails
to
appear
before
the
Court
at
the
time
and
place
fixed
in
the
summons
or
by
other
means,
the
Court
may
order
the
Police
to
bring
such
person
before
the
Court.
PART
IV
TRIAL
PROCEDURE
AND
PENAL
SANCTION
CHAPTER
I
Trial
Procedure
Section
I
GENERAL
PROVISIONS
Article
81
Signature
of
Records
and
Documents
1. Whenever
any
record
or
document
is
required
to
be
signed,
it
shall
be
sufficient
for
such
purpose,
unless
any
law
provides
to
the
contrary,
for
the
signatory
to
place,
at
the
bottom
of
the
record
or
document,
in
his
own
handwriting:
a) his
name,
the
name
of
his
father
and
the
name
of
his
paternal
grandfather,
or
b) his
first
name
and
family
name.
2. If
the
person
who
is
required
to
sign
is
illiterate,
then
the
authority
before
whom
the
written
document
is
produced
or
the
oral
statement
made
shall,
having
ascertained
the
identity
of
the
person,
have
such
person’s
fingerprints
taken
with
indelible
ink
in
lieu
of
signature.
3. If
a
person
who
is
required
to
sign
or
to
provide
his
fingerprints
is
unable,
because
of
physical
impediment,
to
do
one
or
the
other,
such
fact
shall
be
noted
on
the
record,
document
or
statement
by
the
person
receiving
or
recording
the
same.
35
Article
82
Date
of
Records
and
Documents
Whenever
the
law
requires
that
the
date
of
any
record
or
document
shall
be
recorded,
there
shall
be
shown:
a) the
day;
b) the
month,
c) the
year,
and
d) the
place,
in
which
such
record
or
document
was
made.
The
indication
of
the
hour
is
not
necessary
unless
it
is
expressly
prescribed.
Article
83
Presentation
of
Statements
and
Petitions
At
any
stag
of
the
proceedings
any
party
has
the
right
to
present:
a) to
the
Court,
b) to
the
Judge,
c) to
the
Attorney
General,
statements
and
petitions,
by
depositing
them
in
their
respective
offices,
and
being
bound
to
communicate
them
to
any
other
party,
unless
the
law
provides
otherwise.
Section
II
ACTS
AND
MEASURES
OF
A
JUDICIAL
NATURE
Article
84
Form
1. Unless
they
are
in
writing,
the
following
shall
be
null
and
void:
a) judgements;
b) any
other
act
which
brings
the
proceedings
to
an
end
or
which
may
be
subject
to
appeal;
c) any
measure
which
concerns
personal
liberty,
and
warrants
of
any
kind.
2. The
acts
referred
to
in
the
previous
paragraph
shall
also
be:
a) dated
and
b) singed
by
the
issuing
authority,
stating
the
reasons
therefor.
If
these
requirements
are
not
complied
with,
the
acts
shall
be
null
and
void.
Article
85
Correction
of
Errors
When
in
any
measure
there
are
omissions
or
errors
which:
a) do
not
make
the
measure
null
and
void,
and
b) if
corrected,
do
not
substantially
change
the
measure,
a
correction
may
be
made
even
by
the
issuing
authority
on
its
own
motion,
but,
where
possible,
the
matter
shall
be
brought
to
the
prior
notice
of
any
interested
party.
36
Article
86
Procedures
for
Decision-‐making
1. Unless
the
law
provides
otherwise:
a) the
Court
shall
reach
a
decision
in
chambers
without
the
intervention
of
the
parties;
b) when
a
Court
consists
of
more
than
one
person:
i) deliberations
shall
be
secret
and
findings
shall
be
reached
by
majority
vote;
ii) no
member
of
the
Court
may
abstain
from
voting;
iii) votes
shall
be
taken
by
the
President
who
shall
vote
last,
voting
beginning
with
the
Judge
lowest
in
grade
or
the
Judge
with
the
lease
seniority
where
more
than
one
Judge
is
of
the
same
grade.
In
Assize
Courts,
Assessors
shall
vote
first,
beginning
with
the
youngest.
In
Military
Penal
Sections,
the
Assessor
lowest
in
rank,
or
the
assessor
with
the
least
seniority,
where
more
than
one
assessor
is
of
the
same
rank,
shall
vote
first;
iv) no
mention
shall
be
made
in
the
decision
of
the
way
in
which
any
individual
vote
was
cast
and,
if
such
mention
is
made,
then
the
decision
shall
become
null
and
void;
v) if,
in
the
Assize
Section
of
the
Court
of
Appeal,
any
difference
of
opinion
arises
over
a
decision
matters
reserved
to
the
Judges,
in
accordance
with
the
Article
12
of
the
Law
on
the
Organization
of
the
Judiciary,
the
President
shall
have
the
casting
vote.
2. Unless
the
law
provides
otherwise,
when
a
decision
is
not
reserved
to
a
specific
section
of
a
Court,
the
following
Sections
shall
be
competent:
a) the
Criminal
Section,
in
a
District
Court;
b) the
General
Section,
in
a
Regional
Court
or
Court
of
Appeal.
Article
87
Coercive
Powers
A
Court,
a
Judge,
and
the
Office
of
the
Attorney
General
may:
a) call
for
the
intervention
of
the
Police,
and
b) order
anything
necessary
to
be
done
to
ensure
the
safe
and
proper
conduct
of
proceedings.
Section
III
TIME-‐LIMIT
Article
88
General
Rules
1. The
time-‐limits
of
proceedings
before
the
Court
shall
be
expressed
in
terms
of:
a) hours;
b) days;
c) months,
or
d) years,
37
2. Any
time-‐limit
not
fixed
in
terms
of
hours,
which
expires
on
a
public
holiday,
shall
be
extended
automatically
to
the
next
working
day.
3. In
calculating
the
time-‐limits,
the
hour
or
the
day
from
which
such
time-‐limits
have
begun
to
run
shall
not
be
included;
the
last
hour
or
day
shall
be
included
in
the
time-‐limit,
unless
the
law
provides
otherwise.
4. The
time-‐limit
to
make
statements,
deposit
documents
or
perform
any
other
act
in
a
Court
office
shall
be
deemed
to
have
expired
at
the
time
when,
according
to
regulations,
the
office
is
closed
to
the
public.
5. Where
the
expiry
of
a
time-‐limit
results
in
the
forfeiture
of
a
right,
such
time-‐limit
shall
not
be
extended
except
in
the
cases
and
in
the
manner
provided
by
law.
Article
89
Time
of
Appearance
Unless
the
law
provides
otherwise,
when
a
person
is
required
to
appear
before
a
Court
in
answer
to
a
summons
or
other
order,
such
person
shall
be
so
notified:
a) at
least
three
days
before
the
time
to
appear;
b) in
every
case,
in
such
good
time
that,
bearing
in
mind
the
circumstances,
such
person
can
reach
the
Court
by
the
time
fixed
for
the
appearance.
Where
the
above
provisions
are
not
complied
with
and
the
person
does
not
appear,
a
new
summons
or
order
shall
be
issued.
Section
IV
ACTS
WHICH
ARE
NULL
AND
VOID
Article
90
General
Rule
No
act
shall
be
declared
null
and
void
unless
such
declaration
is
expressly
provided
for
by
law.
Article
91
Nullity
of
Proceedings
in
General
The
observance
of
the
provisions
relating
to
a),
b),
c),
below
is
mandatory
and
failure
to
observe
any
of
them
shall
render
the
proceedings
null
and
void:
the
declaration
of
such
nullity
may
also
be
made
by
the
Court
on
its
own
motion
at
any
stage
the
proceedings:
a) the
constitution
and
composition
of
the
Court;
b) the
participation
of
the
Attorney
General
in
the
proceedings;
c) the
representation
of
the
accused
by
Counsel
in
those
cases
where
representation
is
mandatory.
Article
92
Quashing
to
be
ineffective
in
certain
Cases
1. An
act
which
can
only
be
declared
null
and
void
at
the
request
of
a
party
shall
be
deemed
valid,
unless
such
request
is
made
by
the
party
concerned
within
the
time-‐limits
and
in
the
manner
prescribed
by
law.
38
2. An
act
which
can
be
declared
null
and
void
also
by
the
Court
on
its
own
motion
shall
be
deemed
valid,
if
the
Court
has
not
so
declared
at
any
stage
of
the
proceedings
either
on
the
request
of
the
interested
party
or
on
its
own
motion.
3. Furthermore,
an
act
which
can
be
declared
null
and
void
shall
be
deemed
valid:
a) if,
notwithstanding
any
irregularity,
the
consequences
of
such
act
equally
affect
all
interested
parties;
b) if
an
interested
party
has
tacitly
accepted
the
effect
of
the
act.
Article
93
Effects
of
a
Declaration
of
Nullity
1. when
any
act
is
declared
null
and
void,
all
subsequent
consequential
acts
shall
be
rendered
null
and
void.
A
Court
which
declares
any
act
null
and
void
shall
order
that
the
act
declared
null
and
void
shall
be
performed
again
or
otherwise
rectified
where
it
is
necessary
and
possible.
Section
V
RECORD
OF
PROCEEDINGS
Article
94
Record
of
Proceedings
1. A
written
record
of
all
acts
in
a
proceeding
shall
be
prepared
by
the
authority
responsible
for
such
proceeding.
2. Unless
the
law
provides
otherwise,
the
record
shall
contain:
a) the
indication
of
the
place,
month,
day
and,
if
necessary,
hour
in
which
the
act
commenced
and
terminated;
b) the
names
of
the
persons
present;
c) a
description
of
the
acts
carried
out
and
results
obtained;
d) the
statements
taken
from
the
persons
present;
e) any
other
matters
that
the
authority
concerned
deems
proper
to
include,
f) the
signature
of
the
authority
responsible
for
the
proceedings.
Section
VI
PENALTIES
Article
95
Failure
to
comply
with
orders
of
a
Judicial
Authority
1. Any
person
who
fails
to
comply
with
an
order
given
by
a
Court,
by
a
President
of
a
Court
or
by
a
Judge,
in
accordance
with
the
provisions
of
the
Code,
shall
be
punished,
unless
the
act
involved
constitutes
a
more
serious
offence,
with
imprisonment
for
contravention
up
to
3
months
or
a
fine
for
contravention
up
to
Sh.
So.
3,000/-‐.
2. A
warrant
of
arrest
may
be
issued
against
any
such
person.
39
CHAPTER
I
The
Hearing
Article
96
Proceedings
to
be
Public:
Exceptions
Court
proceedings
shall
be
open
to
the
public,
but
the
Court
may,
in
the
interests
of:
a) public
decency;
b) public
health;
c) public
order;
order
that
the
proceedings
shall
be
closed
to
the
public.
Article
97
Rules
for
the
Attendance
of
the
Public
1. Entry
into,
or
stay
in,
a
Courtroom
shall
be
prohibited
to:
a) any
person
who
is
known
as:
i) an
idler;
ii) a
vagabond;
iii) a
person
inclined
to
commit
crimes
against
the
person
or
against
property;
b) any
person
who
is
of
unsound
mind;
c) drunkards;
d) persons
under
the
age
of
14
years;
e) any
person
who
is
dressed
in
an
indecent
manner.
2. The
President
of
the
Court
may
also:
a) order
in
the
interests
of:
i) good
order,
ii) morality;
or
iii) decency
any
person
to
be
expelled
from
the
Courtroom
whose
presence
he
does
not
deem
necessary;
b) restrict
entry
into
the
Courtroom
to
a
limited
number
of
persons.
3. No
special
places
shall
be
reserved
in
the
Courtroom
for
any
particular
members
of
the
public.
Article
98
Duties
of
Persons
attending
a
Hearing
1. Any
person
who
attends
a
hearing
shall
observe
respect
and
silence.
2. All
persons
attending
a
hearing
shall
be
forbidden
to:
a) carry
weapons
or
any
other
object
capable
of
causing
injury
or
harm
or
annoyance;
b) cause
any
disturbance;
c) behave:
i) in
any
way
calculated
to
intimidate;
ii) in
any
way
calculated
to
provoke;
iii) in
any
way
contrary
to
the
dignity
of
the
proceedings;
d) cause
any
breach
of
the
peace,
or
e) express
in
any
way
one’s
feelings
or
opinions.
40
Article
99
Control
of
the
Hearing
The
President
of
the
Court
shall
have
the
power
to
maintain
order
at
the
hearing.
Anything
which
the
President
prescribes
for
the
proper
maintenance
of
order
in
the
Court
shall
be
obeyed
forthwith.
Article
100
Accused
in
Custody
An
accused
who
was
held
in
custody
before
trial
shall
attend
the
hearings
without
restraint,
unless
restrictive
measures
are
necessary
to
prevent
escape
or
violence.
Article
101
Adjournment
of
Trial
1. A
Court
may
order
the
adjournment
of
the
opening
or
prosecution
of
a
trial,
where
it
considers
it
necessary
or
proper
to
do
so
due
to
the
absence
of
witnesses
or
to
other
reasonable
cause.
2. If
the
accused
is
in
custody,
the
adjournment
shall
not
exceed
7
days.
41
BOOK
TWO
PROCEEDINGS
OF
FIRST
INSTANCE
Article
102
Compliance
with
the
Rules
of
this
Chapter
The
provisions
of
this
Chapter
shall
be
complied
with,
insofar
as
applicable,
at
every
stage
of
the
proceedings.
CHAPTER
II
The
Opening
of
the
Trial
Section
I
CHARGING
THE
ACCUSED
42
Article
103
The
Opening
of
the
Trial
and
the
Charge
against
the
Accused
1. The
President
of
a
Court:
a) having
noted
the
presence
of
the
accused
and
of
the
Attorney
General,
and
b) there
having
been
appointed
a
defence
Counsel
for
the
accused
when
so
required
in
accordance
with
the
provisions
of
sub-‐paragraph
b)
of
paragraph
2
of
Article
14
of
the
Law
on
the
Organization
of
the
Judiciary,
when
the
accused,
for
whatever
cause,
has
no
defence
Counsel,
shall
read
the
charge
to
the
accused.
2. When
the
charge
has
been
read,
the
President
of
the
Court
shall:
a) explain
to
the
accused,
in
a
clear
and
comprehensible
manner,
the
substance
of
each
count
of
the
charge;
b) inform
the
accused
of
the
three
answers
which
he
may
offer
to
each
count
in
accordance
with
Article
104,
briefly
pointing
out
the
meaning
and
consequences
of
each
answer;
c) ask
the
accused
whether,
in
respect
of
each
count
he
wishes:
i) to
raise
any
objection
under
the
terms
of
Article
105;
ii) to
plead
guilty;
iii) to
plead
not
guilty.
3. If
there
is
more
than
one
accused,
the
provisions
of
the
preceding
paragraph
shall
be
observed
separately
with
regard
to
each
accused.
Article
104
The
Plea
of
the
Accused
1. An
accused
may,
in
respect
of
each
count:
a) raise
any
of
the
objections
listed
in
Article
105;
b) plead
guilty;
c) plead
not
guilty.
A
refusal
to
plead
shall
be
considered
as
a
plea
of
not
guilty.
2. Except
when
a
plea
of
guilty
is
entered,
defence
Counsel
may
enter
a
plea
on
behalf
of
the
accused.
Section
II
OBJECTIONS
TO
THE
CHARGE
Article
105
The
Nature
of
the
Objections
1. The
accused,
in
accordance
with
the
provisions
of
sub-‐paragraph
a)
of
paragraph
1
of
Article
104,
may
object
to
each
count
on
the
grounds
that:
a) no
proceedings
can
be
brought
against
him,
since:
i) one
of
the
circumstances
included
in
sub-‐paragraph
c),
d
(iii),
d
(iv)
and
e)
of
paragraph
2
of
Article
70,
is
present
in
his
case;
ii) when,
in
the
case
of
an
offence
that
can
be
prosecuted
only
on
the
complaint
of
an
injured
party,
the
right
to
make
a
complaint
cannot
be
exercised
under
the
terms
of
paragraph
2
of
Article
21;
43
b) the
Court
is
not
competent:
i) because
it
lacks
jurisdiction
over
the
subject-‐matter,
in
accordance
with
Article
4
and
7;
ii) because
it
lacks
territorial
jurisdiction,
in
accordance
with
Articles
5
and
8.
c) another
charge
is
pending,
on
the
same
set
of
facts,
before
another
Court;
d) a
member
of
the
Bench
is
disqualified
from
taking
part
in
the
proceedings
under
the
terms
of
Article
10;
e) the
charge
does
not
comply,
in
form
or
content,
with
the
requirements
of
this
Code.
2. Furthermore,
the
accused
may
raise
any
other
objection
and
submit
any
other
request
or
petition
which
he
deems
useful
for
purposes
of
his
defence.
Article
106
Decision
of
the
Court
concerning
Objection
1. The
Court
shall
decide,
with
respect
to
each
objection:
a) after
having
made
any
enquiry
which
it
shall
deem
necessary
or
desirable
with
respect
to
the
nature
of
each
objection,
and
b) having
heard
the
opinion
of
the
Attorney
General.
2. If
an
objection
raised
in
accordance
with
paragraph
1
of
Article
105
is
upheld,
the
Court
shall:
a) in
the
cases
referred
to
in
sub-‐paragraph
a)
of
paragraph
1
of
Article
105:
i) order
that
the
proceedings
against
the
accused
be
terminated,
giving
the
reasons
for
such
decision;
ii) order
the
applicable
consequential
measures,
as
provided
in
Article
76,
and
ordering,
in
those
cases
provided
for
in
the
Penal
Code,
the
application
of
security
measures.
Such
decision
to
terminate
the
proceedings
shall
have
the
effect
of
a
judgement
for
the
purpose
of
paragraph
3
of
Article
13,
and
the
provisions
of
paragraph
2
of
Article
77
shall
apply
to
such
decision;
b) in
the
cases
provided
for
in
sub-‐paragraph
b)
of
Article
105,
order
that
the
case
be
transferred
to
the
competent
Court;
c) in
the
case
provided
for
in
sub-‐paragraph
c)
of
Article
105:
i) if
the
Court
is
satisfied
that
the
other
Court
is
competent,
order
that
the
case
be
transferred
to
the
competent
Court;
ii) if
the
Court
is
satisfied
that
it
is
competent,
raise
the
question
of
council
of
jurisdiction
in
accordance
with
Article
9;
d) in
the
case
provided
for
in
sub-‐paragraph
d)
of
Article
105,
refer
the
matter
to
a
higher
Court
so
that
it
may
proceed
in
accordance
with
paragraph
2
and
3
of
Article
11;
e) in
the
case
provided
for
in
sub-‐paragraph
e)
of
Article
105,
order
the
attorney
to
amend
the
charge,
so
that
it
complies
with
the
law,
and,
if
necessary,
grant
the
Attorney
General
a
brief
period
of
time
for
this
purpose.
3. In
every
other
case,
the
Court
shall
take
such
action
regarding
the
objection
as
it
deems
necessary
and
proper.
Article
107
Measures
taken
by
the
Court
on
its
own
Motion
44
1. In
the
cases
provided
for
in
Article
105,
the
Court
may
act
also
on
its
own
motion
in
accordance
with
the
provisions
of
Article
106,
having
heard
the
attorney
and
the
accused.
2. When
the
death
of
an
accused
has
been
ascertained,
the
Court
shall
on
its
own
motion
order
that
proceedings
be
terminated.
As
far
as
applicable,
the
provisions
of
Article
77
shall
be
observed
3. The
provisions
of
this
Article,
insofar
as
applicable,
shall
be
observed
at
all
stages
of
the
proceedings.
Section
III
PLEA
OF
GUILTY
Article
108
Consequences
of
a
Plea
of
Guilty
1. When
an
accused
pleads
guilty
to
a
charge,
in
accordance
with
the
provisions
of
sub-‐
paragraph
b)
of
paragraph
1
of
Article
104,
the
Court
may:
a) if
the
maximum
punishment
for
an
offence
is
imprisonment
for
less
than
10
years
or
a
lesser
punishment:
i) immediately
pronounce
judgment
of
conviction
in
accordance
with
Chapter
IV
of
this
Book,
on
the
basis
of
the
plea
of
guilty;
ii) order
the
trial
to
proceed
in
accordance
with
Chapter
III
of
this
Book,
if
it
has
reason
to
believe
that
the
plea
of
guilty
does
not
correspond
to
the
truth;
b) if
the
maximum
punishment
for
an
offence
is
imprisonment
for
10
years
or
more
or
a
more
serious
punishment,
order
the
trial
to
proceed
in
accordance
with
Chapter
III
of
this
Book.
2. A
plea
of
guilty
may
be
withdrawn
by
an
accused
at
any
moment
of
the
proceedings
in
a
Court
of
first
instance
before
judgment
is
given
and
a
plea
of
not
guilty
entered
instead.
In
such
case
the
provision
of
Section
IV
of
this
Chapter
shall
be
observed.
Section
IV
PLEA
OF
NOT
GUILTY
Article
109
Effects
of
a
Plea
of
Not
Guilty
1. When
the
accused
pleads
not
guilty,
in
accordance
with
the
provisions
of
sub-‐paragraph
c)
of
paragraph
1
of
Article
104,
the
Court
shall
proceed
in
accordance
with
the
provisions
of
Chapter
III
of
this
Book.
2. With
the
consent
of
the
Court,
a
plea
of
not
guilty
may
be
withdrawn
by
an
accused
at
any
stage
of
the
proceedings
in
a
Court
of
first
instance
before
judgement
is
given
and
a
plea
of
guilty
entered
instead.
3. In
such
case,
the
provisions
of
section
III
of
this
Chapter
shall
be
observed.
Section
V
THE
BURDEN
OF
PROOF
ALTERATION
OR
WITHDRAWAL
OF
THE
CHARGE
45
Article
110
Burden
of
Proof
In
the
cases
provided
for
in:
a) sub-‐paragraph
a)
ii)
of
paragraph
1
of
Article
108;
b) sub-‐paragraph
b)
of
paragraph
1
of
Article
108;
c) paragraph
1
of
Article
109;
the
Attorney
General
shall
have
the
burden
of
proof
of
establishing
that:
i) a
crime
was
committed
ii) the
accused
committed
it.
Article
111
Alteration
of
the
Charge
1. With
the
consent
of
the
Court,
the
Attorney
General
may
after
the
charge,
in
whole
or
in
part,
at
any
stage
in
the
proceedings
before
a
Court
of
first
instance
before
his
final
summation.
2. In
case
of
an
alteration
in
the
charge,
the
provisions
of
Article
103,
insofar
as
applicable
shall
be
observed.
3. If
an
alteration
to
the
charge
takes
place
after
the
process
of
taking
evidence
at
the
trial
has
begun,
the
Attorney
General
and
the
accused
may:
a) re-‐examine,
in
the
light
of
such
alteration,
any
witness
already
examined;
b) produce
fresh
evidence
with
regard
to
the
alteration.
In
every
case
of
alteration
of
the
charge,
the
accused
shall,
whenever
he
so
request,
be
given
reasonable
time
in
which
to
prepare
his
defence.
Article
112
Withdrawal
of
the
Charge
1. With
the
consent
of
the
Court,
the
Attorney
General
may
withdraw
the
charge,
in
whole
or
in
part,
at
any
moment
of
the
proceedings
in
the
Court
of
first
instance
before
judgement
is
given.
2. In
the
cases
provided
for
in
the
previous
paragraph,
the
Court
shall
order,
giving
the
reasons
therefor,
that
the
proceedings
be
terminated
for
the
offence
in
respect
of
which
the
charge
has
been
withdrawn,
and
shall
order
any
measures
that
may
be
required
by
Article
76.
3. An
order
that
proceedings
shall
be
terminated,
given
in
accordance
with
this
Article,
shall
be
equivalent
to
a
judgement
for
the
purposes
of
paragraph
3
of
Article
13.
CHAPTER
III
Evidence
and
Summation
Article
113
Applicable
Provisions
Except
as
otherwise
provided
in
this
Chapter,
the
presentation
and
hearing
of
evidence
shall
be
governed
by
the
provisions
of
Book
III
of
this
Code.
46
Article
114
Action
of
the
Attorney
General
In
the
cases
provided
for
in
Article
110,
the
Attorney
General
shall
initiate
the
hearing
of
evidence,
stating
briefly:
a) the
nature
and
details
of
the
offence
charged;
b) the
evidence
against
the
accused.
The
Court
shall
then
hear
the
case
for
the
prosecution.
Article
115
Order
that
Proceedings
be
terminated
for
Lack
of
Evidence
1. When
the
case
for
the
prosecution
is
concluded,
the
Court,
if
it
considers
that
the
evidence
adduced,
even
if
such
evidence
is
uncontested,
is
insufficient
to
prove
the
guilt
of
the
accused,
shall,
either
at
the
request
of
the
accused
or
on
its
own
motion
and
having
beforehand
asked
the
Attorney
General
whether
he
intends
to
withdraw
the
charge
in
accordance
with
Article
112:
a) order,
giving
the
reasons
therefor,
that
the
proceedings
against
the
accused
be
terminated
with
respect
to
the
offence
for
which
guilt
has
not
been
proved,
and
b) order
any
measures
that
may
be
required
by
Article
70.
2. An
order
that
proceedings
be
terminated,
given
in
accordance
with
this
Article,
shall
be
equivalent
to
a
judgment
for
the
purposes
of
paragraph
3
of
Article
13.
Article
116
Action
of
the
Defence
1. Excepts
in
such
cases
as
provided
for
in
Article
115,
the
President
of
the
Court
shall
inform
the
accused
that
he
may:
a) produce
evidence
in
his
defence;
b) make
a
statement:
i) on
oath;
ii) ii
not
on
oath;
in answer to the charge.
2. After
the
provisions
of
the
previous
paragraph
have
been
complied
with,
the
accused
may
take
up
his
defence
briefly
stating:
a) the
general
lines
of
his
defence;
b) the
nature
of
the
evidence
he
proposes
to
produce
in
his
defence.
The Court shall hear and examine the evidence for the defence.
3. If
there
is
more
than
one
accused,
the
Court
shall
establish
the
order
in
which
each
accused
shall
proceed
with
his
defence.
Article
117
47
Rebuttal of Evidence
1. If
the
accused
produces
evidence
that
the
Attorney
General
could
not
have
been
reasonably
expected
to
foresee,
the
Court
may
allow
the
Attorney
General
to
produce
evidence
in
rebuttal.
2. In
such
case
as
provided
for
in
the
preceding
paragraph
the
accused
may,
after
such
evidence
in
rebuttal
has
been
produced
by
the
Attorney
General,
produce
further
evidence
in
his
own
defence.
Article
118
Evidence
ordered
by
the
Court
on
its
own
Motion
A
Court
may
order,
on
its
own
motion,
that
evidence
be
produced
which
it
considers
proper
and
useful
in
order
to
ascertain
the
truth.
Article
119
Summation
and
Closure
of
the
Hearing
1. After
all
the
evidence
has
been
produced:
a) the
Attorney
General
shall
sum
up
his
case,
making
such
comments
and
observations
as
the
considers
necessary
and
expressing
his
opinion
on
matters
of
fact
and
of
law,
which
in
his
view
the
Court
should
accept;
b) after
the
summation
by
the
Attorney
General,
the
defence
shall
sum
up
its
case.
If
the
accused
is
represented
by
more
than
one
defence
Counsel,
each
such
Counsel
shall
confine
his
summation
to
particular
arguments,
objections
or
requests
which
have
not
been
raised
by
other
Counsels
for
the
defence.
2. If
there
is
more
than
one
accused,
the
Court
shall
determine
the
order
in
which
they
shall
address
the
Court.
3. Without
the
Court’s
consent,
no
further
statement
shall
be
allowed.
Should
he
so
request,
the
accused
shall
always
be
allowed
to
have
the
last
word.
4. If
the
Attorney
General,
the
accused
or
defense
Counsel
should
abuse
the
right
to
address
the
Court,
by
introducing
unnecessarily
long
speeches,
irrelevancies
or
in
any
other
way,
and
two
successive
warnings
about
this
remain
unheeded,
the
President
of
the
Court
shall
withdraw
the
right
to
continue
such
address
from
any
person
so
abusing
such
right.
5. The
hearing
shall
be
considered
closed
when
the
summations
to
the
Court
are
finished.
CHAPTER
IV
The
Judgment
Article
120
Deliberation
of
the
Court
and
pronouncement
of
the
Judgment
1. The
members
of
the
Court
who
have
participated
in
the
hearing
shall
deliberate,
in
accordance
with
the
provisions
of
paragraph
1
of
article
86:
a) immediately,
or
b) as
soon
as
possible
48
after the closing of the hearing.
2. in its deliberations, the Court shall decide:
a) preliminary questions;
b) questions of fact and of law regarding the charge, and
c) if necessary, questions regarding the application of the punishment and security
measures.
3. The President of the Court, or another member of the Bench, shall, immediately after the
deliberation, read the part of the judgment relating to the question of guilt and the sentence, if any:
a) in open Court,
b) in the presence:
c) of the accused, and
d) of the Attorney General.
If the accused is acquitted or sentenced to fine only, the presence of only his Counsel or a representative
may be considered sufficient.
4. The reading of the part of the judgment referred to in paragraph 3 shall be equivalent to the
notification of the judgment to all the parties present or represented.
Article 121
Form of Judgment
1. A judgment shall be prepared by a President of a Court in full and shall contain:
a) a preamble in the name of the Somali people and the name of the Court pronouncing
the judgment;
b) personal details of the accused or anything else which may identify him;
c) a statement of the facts and circumstances which form the subject of the charge;
d) a concise statement of the factual and legal grounds on which the judgment is based;
e) reference to the articles of law on which the judgment is based;
f) the acquittal or conviction of the accused in respect of each offence charged;
g) the punishment imposed in respect of each offence of which the accused has been
found guilty together with any security measures which may be ordered;
h) the date and the signature of the President of the Court and other members of the
Bench.
2. A judgment shall be null and void:
a) if no grounds are given, or if they are contradictory;
b) if the part of the judgment relating to the question of guilt and the sentence, if any, is
lacking or incomplete in any of its essential elements.
Article 122
Acquittal of the Accused
When a Court finds an accused not guilty of the charge brought against him, it shall:
a) pronounce judgment of acquittal; and
b) order any measures that may be required by article 76.
Article 123
49
Conviction of the Accused
1. When a Court finds an accused guilty of the charge brought against him, the President of
the Court shall:
a) state in open Court, in the form laid down in paragraph 3 of article 120, that the
accused has been found guilty, and
b) ask the attorney general whether the accused has any previous convictions
recorded against him.
2. If there are previous convictions recorded against the accused the attorney general shall
prove such convictions and the accused may contest them.
3. The Court shall then:
a) Pronounce sentence, except in the cases provided for in Article 126;
b) order the application of security measures in the cases provided for in the Penal Code;
c) decide whether to grant any of the benefits provided for in articles 125 and 127;
d) make any other order that may be required.
4. The President of the Court shall:
a) read the sentence in the form laid down in paragraph 3 of article 120, and
b) inform the convicted person of his right to appeal against the judgment.
Article 124
Relationship between the Judgment and the Charge
1. A Court may find an accused, on the same set of facts, guilty of an offence different from
that contained in the original charge, and award a corresponding punishment, even though such
punishment may be greater than that applicable to the offence originally charged, and apply security
measures, provided that it has been found guilty. Otherwise, the Court shall proceed in accordance with
the provisions of sub-‐paragraph c) I) of paragraph 2 of Article 106.
2. When it is found, during the course of the trial, that the offence of which the accused may
be found guilty is different from the offence charged, if:
a) the offence of which the accused is charged consists of a number of acts or omissions;
and
b) one or more of such acts or omissions constitute a lesser offence or only an attempt
to commit the offence charged, and
c) only such lesser offence or attempt is proved,
the Court may find the accused guilty of the lesser offence or of the attempt, even if these were not
included in the charge.
3. Except for the case provided for in the preceding paragraph, when it is evident that the
offence of which the accused is to be found guilty is different from the offence charged, the Court:
a) if the offence falls within its jurisdiction shall:
i) order the attorney general to amend the charge; or
ii) order a fresh hearing to the extent necessary to prevent prejudice to the rights
of the accused, allowing such accused, whenever he so requests, reasonable
time to prepare his defense;
b) otherwise, shall proceed as proved for in sub-‐paragraph c) i) of paragraph 2 of article
106.
50
Article
125
Fine
in
Place
of
Imprisonment
1. When
a
Court
convicts
a
person
for
a
crime
committed
with
culpa
and
imposes
a
sentence
of
imprisonment
for
not
more
than
one
year,
whether
with
or
without
fine,
it
may
order,
in
accordance
with
the
provisions
of
paragraphs
3
and
4
of
article
109
of
the
Penal
Code,
and
bearing
in
mind
the
circumstances
provided
for
in
article
110
of
the
Penal
Code,
that
the
imprisonment
be
converted
into
the
corresponding
fine,
in
accordance
with
the
rate
of
conversion
laid
down
in
article
112
of
the
Penal
Code.
2. The
benefit
provided
for
in
the
preceding
paragraph
shall
only
be
exercised
if
it
is
so
requested
by
the
convicted
person
before
the
Court
decides
on
the
punishment
in
accordance
with
paragraph
3
of
article
123.
3. The
benefit
of
conversion
shall
be
automatically
revoked
if
the
convicted
person,
within
the
time-‐limit
set
by
the
Court:
c) fails
to
pay
the
fine;
d) fails
to
fulfill
the
civil
liabilities
to
an
injured
person
arising
from
the
offence.
Article
126
Judicial
Pardon
1. If
for
offences
committed
by
persons:
a) of
less
than
18
years
of
age,
or
b) of
over
70
years
of
age,
the
law
provides
a
maximum
punishment
of
not
more
than
3
years,
either
with
or
without
fine,
or
a
less
serious
punishment,
the
Court
may,
in
accordance
with
the
provisions
of
article
147
of
the
penal
Code:
i) after
finding
the
convicted
person
guilty,
inflict
no
punishment,
and
ii) declare
that
the
offence
shall
be
extinguished
by
the
grant
of
a
judicial
pardon.
when,
having
regard
of
the
circumstances
laid
down
in
article
110
of
the
penal
Code,
it
considers
that
such
person
will
not
commit
any
further
offences.
2. A
judicial
pardon
cannot
be
given
more
than
once.
Article
127
Suspended
Sentence
1. In
passing
sentence:
a) to
a
term
of
imprisonment
not
exceeding
6
months,
or
b) to
a
fine
which,
with
or
without
imprisonment,
and
on
the
basis
of
the
conversion
rate
provided
for
in
article
112
of
the
penal
Code,
would
be
equivalent
to
a
term
of
imprisonment
not
exceeding
6
months,
against
an
accused
who
is
not
a
recidivist,
a
Court
may
order,
in
accordance
with
article
150
of
the
penal
Code,
that
the
execution
of
such
sentence
be
suspended
for
a
period
of
5
years,
when,
having
regard
to
the
provisions
of
article
110
of
the
penal
Code,
it
considers
that
such
person
will
not
commit
another
offence.
2. A
suspended
sentence
shall
be
revoked
automatically
if
the
convicted
person:
a) within
5
years
of
the
conviction
commits:
i) a
crime,
or
a
contravention
of
the
same
kind
as
that
for
which
he
was
convicted,
or
51
b) fails
to
fulfill
within
the
time-‐limit
fixed
by
the
Court
any
of
the
civil
liabilities
towards
the
injured
person
arising
from
the
offence.
3. the
punishment
shall
be
extinguished
if,
within
the
period
referred
to
in
the
preceding
paragraph,
no
cause
for
revocation
of
the
suspended
sentence
arises.
Article
128
Rules
common
to
Judicial
Pardon
and
Suspended
Sentence
When
a
judicial
pardon
has
been
granted
in
accordance
with
article
126,
or
suspended
sentence
has
been
approved
in
accordance
with
article
127,
the
Court
may
order
that
the
convicted
person:
a) take
up
some
fixed
employment;
b) undergo
any
necessary
medical
or
psychiatric
treatment;
c) refrain
from
frequenting
certain
place
and
consorting
with
certain
parsons;
d) posses
or
carry
no
firearms
or
other
dangerous
weapon.
CHAPTER
V
Procedure
for
Crimes
committed
during
Trial
Article
129
Cases
in
which
the
Court
shall
Proceed
immediately
1. When,
during
a
hearing,
a
person
commits
an
offence
in
respect
of
which
proceedings
are
initiated
by
the
State
and
for
which
the
law
provides
a
punishment
of
imprisonment,
or
a
more
serious
penalty,
the
President
of
the
Court
shall:
a) cause
a
statement
of
the
offence
to
be
recorded,
b) order
the
immediate
arrest
of
the
offender.
2. If:
a) the
punishment
provided
by
law
for
the
offence
committed
during
the
hearing
is
not
in
excess
of
the
jurisdiction
of
the
Court,
and
b) such
Court
is
the
penal
section
of
the
district
Court
the
attorney
general
shall
immediately
frame
a
charge
and
produce
it
to
the
Court.
The
Court,
having
suspended
the
trial
in
progress,
or
immediately
after
pronouncing
judgment
in
that
trial,
shall
being
the
hearing
of
the
new
offence.
Otherwise,
the
attorney
general
shall
immediately
proceed
in
accordance
with
the
provisions
of
sub-‐
paragraph
a)
of
paragraph
1
of
article
70.
CHAPTER
VI
Decision
of
the
Request
of
an
injured
Party
Article
130
Admissibility
of
a
Claim
by
the
injured
Party
1. When
the
accused
person
has
been
found
guilty
in
accordance
with
article
123,
the
Court,
if
the
injured
party
has
applied
to
it
for
civil
damages
against
the
accused
in
accordance
with
paragraph
2
and
3
of
article
14,
shall
decide
upon
such
claim,
unless
it
declares
the
claim
to
be
inadmissible
in
accordance
with
the
following
paragraph.
2. A
claim
for
civil
damages
from
an
injured
party
shall
be
declared
inadmissible
if:
52
a) the
claim:
i) was
not
make
in
accordance
with
the
requirement
of
paragraph
3
of
article
14;
ii) was
made
by
a
person
not
legally
entitled
to
do
so
in
accordance
with
civil
law;
iii) was
made
against
someone
incapable
of
being
sued
in
a
civil
proceeding;
b) the
injured
party:
i) has
started
proceedings
in
a
civil
Court
for
the
recovery
of
damages
deriving
from
the
offence;
ii) has
effected
a
settlement
with
the
accused
with
respect
to
the
damages;
c) the
amount
of
damages
claimed
is
in
excess
of
the
maximum
amount
which
may
be
awarded
by
the
civil
section
of
the
Court
in
which
the
case
is
being
tried;
d) the
application
cannot
be
expeditiously
heard
due
to
the
necessity
of
bearing
a
substantial
amount
of
fresh
evidence,
or
for
any
other
reason.
In
such
cases
the
Court
shall
declare
the
claim
for
damages
to
be
inadmissible
and
shall
advice
the
inured
party
that
the
claim
may
be
brought
in
a
civil
Court.
Article
131
Court
Decisions
regarding
Claims
for
Damages
1. The
Court,
having
considered
the
evidence
of
the
injured
party
and
the
accused
concerning
the
claim
for
damages,.
Shall
then
proceed
to
deliver
judgment
in
the
matter.
2. Except
as
otherwise
provided
in
this
Code,
the
provisions
of
civil
law,
including
those
pertaining
to
execution,
shall
be
observed
in
this
matter
insofar
as
applicable.
CHAPTER
VII
Final
Provisions
Article
132
Record
of
Hearings
1. The
President
of
a
Court
shall
arrange
for
the
preparation
of
a
complete
record
of
every
hearing,
if
possible
by
means
of
a
stenographer.
Such
record
shall
contain:
a) the
place,
the
year,
the
month,
the
day
in
which
the
hearing
has
taken
place,
and
the
time
of
the
opening
and
closing
of
the
hearing;
reference
to
any
suspension
of
the
hearing
and
the
time
at
which
it
was
resumed;
b) the
names
of
the
members
of
the
Court;
c) personal
details
of
the
accused,
and
any
other
information
that
may
identify
him;
personal
details
of
the
injured
party;
the
name
of
the
representative
of
the
attorney
general
and
the
names
of
all
other
representatives
and
Counsel;
d) personal
details
of
witnesses
and
interpreters,
and
a
reference
to
their
taking
the
oath;
e) orders
and
decisions
of
the
Court
and
the
grounds
thereof;
f) objections,
requests
and
applications
made
by
the
parties;
g) a
description
of
exhibits
laid
before
the
Court;
h) a
record
of
statements
made
by
the
accused;
i) a
record
of
statements
made
by
witnesses;
b) a
record
of
anything
else
which
may
be
specially
prescribed
by
law,
or
anything
which
the
President
of
the
Court,
on
application
by
one
of
the
parties
or
on
his
own
motion,
orders
to
be
included.
53
2. The
record
of
the
hearing,
unless
the
President
of
the
Court
makes
it
personally,
shall
be
made
by
a
Court
Registrar,
or
by
a
police
officer
so
ordered
by
the
President
of
the
Court.
If
the
record
was
taken
down
in
shorthand,
it
shall
be
transposed
by
the
stenographer
who
recorded
it
not
later
than
the
day
following
the
compilation
of
the
stenographic
record.
3. Unless
the
President
of
the
Court
orders
that
testimony
be
recorded
verbatim,
it
shall
be
recorded
in
narrative
form
and
be
divided
into:
a) examination;
b) cross-‐examination;
c) re-‐examination,
Showing
the
beginning
and
the
end
of
each
of
these
three
parts.
4. Except
as
otherwise
provided
by
law,
the
recording
of
the
evidence
shall
take
place
in
the
presence
of
the
accused.
5. after
a
witness’s
evidence
has
been
so
recorded,
the
record
shall
be
read,
in
the
presence
of
the
accused,
to
the
person
who
gave
the
evidence,
and,
if
necessary,
it
shall
be
corrected.
6. After
a
witness’s
evidence
has
been
recorded,
the
President
of
the
Court
may
order
the
inclusion
in
the
record
of
any
remarks
which
he
deems
necessary,
concerning
the
behavior
of
the
witness
while
he
was
giving
evidence
and
concerning
the
correction
make
in
accordance
with
the
preceding
paragraph.
Article
133
Court
Case
File
In
every
proceeding,
the
Registrar
shall
complete
a
Court
case
file
containing
the
original
of
the
following
records
arranged
in
chronological
order:
a) every
warrant,
order,
judgment
or
any
other
measure
issued
with
respect
to
the
accused,
other
parties,
guarantors,
and
witnesses;
b) the
charge
and
any
amendments
made
to
it;
c) the
record
of
the
hearings;
d) the
record
of
all
adjournments,
showing
the
duration
and
the
reason
thereof;
e) a
note
that
the
accused
was
informed
of
his
right
to
appeal;
f) a
record
of
the
Court’s
decision
regarding
any
claim
for
damages
made
by
the
injured
party;
g) any
statement
of
intention
to
appeal
and
the
grounds
thereof.
Article
134
Copies
of
the
Judgment
and
of
the
Court
Case
File
1. On
the
application
of
the
accused,
a
copy
of
the
judgment
shall
be
given
to
him
without
delay
and
free
of
cost.
2. A
complete
copy
of
the
Court
case
file
shall
be
given
to
the
accused
upon
payment
of
the
costs
and
fees
fixed
by
decree
of
the
Minister
of
Grace
and
Justice,
provided
that
the
trial
or
the
higher
Court
may
order
that
a
complete
copy
of
the
Court
case
file
be
given
to
the
accused
without
payment
if
the
Court
considers
that
such
may
be
necessary
for
an
appeal.
54
55
BOOK
THREE
EVIDENCE
PART
I
RELEVANCY
OF
FACTS
CHAPTER
I
Relevancy
of
Facts
in
General
Article
135
Facts
in
Issue
and
Relevant
Facts
1. Evidence
may
be
given
in
any
criminal
proceedings
of
the
existence
or
non-‐existence:
a) of
every
fact
in
issue,
and
b) of
such
other
facts
as
are
declared
by
law
to
be
relevant,
c) and
of
no
others.
2. For
the
purposes
of
this
Code,
unless
the
context
indicates
otherwise:
a) the
term
“fact
in
issue”
shall
mean
any
fact
from
which,
either
by
itself
or
in
connection
with
other
facts,
the
existence
or
non-‐existence,
nature
or
extent
of
any
fact
asserted
or
denied,
necessarily
follows;
b) the
term
“relevant
fact”
shall
include
every
fact
which
may
be
proved
in
the
trial.
Article
136
56
Relevancy of Facts forming Part of the same Event
Facts which, though not in issue, are so connected with a fact in issue as to form part of the same
event, are relevant, whether they occurred at the same time and place or at different times and places.
Article 137
Facts which are the Occasion, Cause or Effect of Facts in Issue
Facts which:
a) are the occasion, cause or effect, immediate or otherwise, of relevant facts, or facts
in issue, or
b) constitute the state of things under which they happened, or
c) afforded an opportunity for their occurrence or transaction,
are relevant.
Article 138
Motive, Preparation and previous and subsequent Conduct
Any fact is relevant which:
a) shows or constitutes a motive or preparation for any fact in issue or relevant fact;
b) is the conduct, previous or subsequent, other than a statement, of any person who is
the accused any proceeding, if such conduct influences or is influenced by any fact in
issue or relevant fact; or
c) any statement made to or in the presence or hearing of the person whose conduct is
made relevant by this Article, if such statement has affected the conduct in question.
Article 139
Facts necessary to explain or introduce Relevant Facts
Facts which:
a) are necessary to explain or introduce a fact in issue or a relevant fact;
b) support or rebut an inference suggested by a fact in issue or relevant fact;
c) establish the identity of any thing or person whose identity is relevant;
d) fix the time or place at which any fact in issue or relevant fact happened, or
e) show the relation of parties by whom any such fact was made;
are relevant insofar as they are necessary for that purpose.
Article 140
Things said or done by Conspirator in Reference to common Design
Where there is reasonable ground to believe that two or more persons have conspired together to
commit an offence, anything said, done or written by any one of such persons in reference to their
common intention, after the time when such intention was first entertained by any one of them, is a
relevant fact as against each of the persons believed to be so conspiring for the purpose of:
a) proving the existence of the conspiracy, or
b) showing that any such person was a party to it.
CHAPTER II
Facts relevant in certain Circumstances only
Article 141
57
When Facts not otherwise relevant become relevant
Facts not otherwise relevant are relevant:
a) if they are inconsistent with any fact in issue or relevant fact, or
b) if, by themselves or in connection with other facts, they make the existence or non-‐
existence of nay fact in issue or relevant fact highly probable or improbable.
Article 142
Facts showing Existence of State of Mind or Body
When the existence of a state of mind or body or of bodily feeling is a fact in issue or a relevant
fact, the facts which in relation to the matter in question show in a given person the existence of:
a) any state of mind, such as intention, knowledge, good faith, negligence, rashness,
good-‐will or ill-‐will;
b) a state of body or bodily feeling,
shall be considered relevant.
Article 143
Facts bearing on Question whether Act was Accidental or Intentional
When there is a question whether:
a) an act was accidental or intentional, or
b) done with a particular knowledge or intention,
the fact that such act formed part of a series of similar occurrences, in each of which the person doing the
act was concerned, is relevant.
Article 144
Statement forming Part of a longer Statement of Transaction
When any statement of which evidence is given forms part of:
a) a longer statement;
b) a conversation;
c) an isolated document;
d) a document contained in a book, or
e) a series of letters or papers,
evidence shall be given of so much, and no more of the statement, conversation, document, book or series
of letters or papers as the Court considers necessary in that particular case to the full understanding of the
nature and effect of the statement, and the circumstances under which it was made.
Article 145
Previous Judgement
For purposes of paragraph 3 of Article 13, the existence of any previous judgment which by law
prevents any Court from holding a trial, is a relevant fact when the question is whether such Court ought
to hold such trial.
Article 146
Consideration of proved Confession of Co-‐accused
58
When:
a) more
persons
are
jointly
tried
for
the
same
offence
and
b) a
confession:
i) made
by
one
of
such
persons
and
ii) implicating
himself
and
some
of
the
other
co-‐accused
is
proved,
the
Court
may
take
into
consideration
the
confession,
as
against
the
person
making
it
and
any
other
co-‐
accused
implicated
by
it.
CHAPTER
III
Statements
by
the
Accused
Section
I
ADMISSIONS
Article
147
Definition
of
Admission
An
admission
is
an
oral
or
written
statement
which
suggests
any
inference
as
to
any
fact
in
issue
or
relevant
fact,
and
which
is
made
by
any
person
who
is
the
accused
in
any
criminal
proceeding.
Article
148
Relevancy
of
Admissions
Admissions
are
relevant
and
may
be
proved
as
against
the
person
who
makes
them,
but
they
may
not
be
proved
by
or
on
behalf
of
the
person
who
makes
them.
Section
II
CONFESSIONS
Article
149
Definition
of
Confession
A
confession
is
a
written
or
oral
statement
by
a
person
charged
with
an
offence
stating
or
suggesting
the
inference
that
he
committed
that
offence.
Article
150
Confession
caused
by
Inducement,
threat
or
Promise
A
confession
made
by
an
accused
person
is
irrelevant
in
a
criminal
proceeding,
if
the
making
of
the
confession
appears
to
the
Court
to
have
been
caused
by
inducement,
threat
or
promise.
Article
151
Cases
in
which
Confession
is
not
admissible
in
Evidence
1. No
confession
made
by
any
person
shall
be
proved
as
against
such
person,
unless
the
confession
is
made
before
a
Judge,
as
provided
in
Article
68.
2. However,
when
any
fact
is
alleged
to
have
been
discovered
in
consequence
of
information
received
from
a
person
accused
of
any
offence,
so
much
of
such
information,
whether
it
amounts
to
a
confession
or
not,
as
relates
distinctly
to
the
fact
thereby
discovered,
my
be
proved.
59
CHAPTER
IV
Statement
in
Public
Documents
Article
152
Relevancy
of
Entry
in
Public
Record
An
entry
in
any
public
or
other
official
book,
register
or
record,
stating
a
fact
in
issue
or
a
relevant
fact,
and
made
by
a
public
servant,
or
by
a
person
entrusted
with
a
public
service
in
the
discharge
of
his
official
duty,
is
itself
a
relevant
fact.
Article
153
Statements
as
to
Facts
of
a
Public
Nature
When
the
Court
has
to
form
an
opinion
as
to
the
existence
of
any
fact
of
a
public
nature,
any
statement
of
it
made:
a) in
any
law,
or
b) in
any
statement,
publication
or
notification
made
in
accordance
with
or
under
any
law,
is
a
relevant
fact.
Article
154
Relevancy
of
Statements
in
Charts
and
Maps
Statements
of
facts
in
issue
or
relevant
facts
made
in:
a) maps
or
plans
made
under
the
authority
of
the
State,
or
b) published
maps
or
charts
generally
offered
for
public
sale
are
themselves
relevant
facts
as
to
matters
usually
represented
or
stated
in
such
maps,
charts
or
plans.
CHAPTER
V
Statements
by
Persons
who
cannot
be
called
as
Witnesses
Article
155
Cases
in
which
Statements
by
Persons
who
cannot
be
called
as
Witnesses
are
Relevant
Statements,
written
or
oral,
of
relevant
facts
made
by
a
person
who
is
dead,
who
cannot
be
found,
who
has
become
incapable
of
giving
evidence,
or
whose
attendance
cannot
be
procured
without
an
amount
of
delay
or
expense
which,
under
the
circumstances
of
the
case,
appears
to
the
Court
unreasonable,
are
themselves
relevant
facts
in
the
following
cases:
a) when
the
statement
is
made
by
a
person
as
to:
i) the
cause
of
his
death,
ii) any
of
the
circumstances
of
the
event
which
resulted
in
his
death,
in
cases
in
which
the
cause
of
that
person’s
death
comes
into
question.
b) when
the
statement
was
made
by
such
person
in
the
ordinary
course
of
business,
and
when
in
particular
it
consists
of:
i) any
entry
or
memorandum
made
by
him
in
books
kept
in
the
ordinary
course
of
business,
or
in
the
discharge
of
professional
duty;
60
ii) an
acknowledgement
written
or
signed
by
him
of
the
receipt
of
money,
goods,
securities
or
property
of
any
kind;
iii) a
document
used
in
commerce
written
or
signed
by
him;
or
iv) the
date
of
the
letter
or
other
document
usually
dated,
written
or
signed
by
him;
c) when
the
statement
is
against
the
pecuniary
or
proprietary
interest
of
the
person
making
it,
or
when,
if
true,
it
would
expose
him
or
would
have
exposed
him
to
criminal
prosecution
or
to
a
suit
for
damages.
Article
156
Relevancy
of
certain
Evidence
in
subsequent
Proceedings
Evidence
given
by
a
witness
in
a
judicial
proceeding
or
before
a
person
authorized
by
law
to
take
it
is
relevant,
subject
to
paragraph
2
of
this
Article,
for
the
purpose
of
proving
the
truth
of
the
facts
which
it
states
in:
a) a
subsequent
judicial
proceeding,
or
b) a
later
stage
of
the
same
judicial
proceeding.
2. Evidence
referred
to
in
paragraph
1
of
this
Article
shall
be
relevant
only:
a) when:
i) the
witness
is
dead,
ii) the
witness
cannot
be
found,
iii) the
witness
is
incapable
of
giving
evidence,
iv) the
witness
is
kept
out
of
the
way
by
the
other
party,
or
v) the
presence
of
the
witness
cannot
be
obtained
without
an
amount
of
delay
or
expense
which,
under
the
circumstances
of
the
case,
the
Court
considers
unreasonable,
and
b) if:
i) the
proceeding
is
against
the
same
person
or
persons,
ii) the
party,
other
than
the
party
calling
the
witness,
and
the
right
and
opportunity
to
cross-‐examine,
and
iii) the
questions
in
issue
were
substantially
the
same
in
the
first
as
in
the
second
proceedings.
CHAPTER
VI
Opinions
of
Experts
Article
157
Opinions
of
Experts
1. When
the
Court
has
to
form
an
opinion:
a) upon
a
point
of
foreign
law;
b) upon
a
point
of
science
or
art,
the
opinions
upon
that
point
of
persons
specially
skilled
in
such
subjects
are
relevant
facts.
2. Facts
not
otherwise
relevant
are
relevant
if
they
support
or
are
inconsistent
with
the
opinions
of
experts,
when
such
opinions
are
relevant.
61
Article
158
Opinions
as
to
Handwriting
When
the
Court
has
to
form
an
opinion
as
to
the
person
by
whom
any
document
was
written
or
signed,
the
opinion
of
any
person
acquainted
with
the
handwriting
of
the
person
by
whom
it
is
supposed
to
be
written
or
signed
that
it
was
or
was
not
written
or
signed
by
that
person,
is
a
relevant
fact.
Article
159
Opinions
as
to
Usages
When
the
Court
has
to
form
an
opinion
as
to:
a) the
usages
and
traditions
practised
in
a
given
area
or
by
an
ethnical
group
of
persons,
or
b) the
meaning
of
words
or
terms
used
in
particular
areas
or
by
an
ethnical
group
or
by
a
group
of
persons,
the
opinions
of
persons
having
special
knowledge
of
them
are
relevant
facts.
Article
160
Grounds
of
Opinions
Whenever
the
opinion
of
nay
person
is
relevant,
the
grounds
on
which
such
opinion
is
based
are
also
relevant.
Article
161
Form
of
Expert
Opinion
1. When
a
Court
considers
it
necessary
or
proper
for
the
opinion
of
an
expert
to
the
provided
about
a
particular
matter,
the
Court
shall,
either
at
the
request
of
the
Attorney
General
or
of
the
accused
or
of
its
own
accord,
provide
for
the
appointment
of
an
expert
choosing
him,
if
possible,
from
among
persons
designated
by
agreement
between
the
parties.
2. The
appearance
of
any
expert
to
give
evidence,
when
so
called
upon,
is
mandatory
and
any
expenses
connected
therewith
shall
be
paid
from
State
funds.
3. The
Court
shall
inform
the
expert
of
his
duties
and
shall
put
its
questions
to
him
during
the
hearing
in
chambers
in
the
presence
of
such
parties
that
wish
to
be
there.
When
on
account
of
the
nature
or
difficulty
of
the
investigation
the
expert
is
unable
to
give
his
opinion
immediately,
the
Court
shall
fix
a
time-‐limit
in
which
the
opinion
may
be
submitted
in
a
written
report,
provided
that
such
time-‐limit
may
be
extended
on
justifiable
grounds.
4. The
opinion
of
the
expert
shall
be
heard
by
the
Court
and,
if
it
is
given
verbally,
it
shall
be
reduced
to
writing.
If
the
expert
opinion
is
given
in
written
form,
it
shall
be
attached
to
the
record
of
the
proceedings
and
a
copy
shall
be
given
to
each
of
the
parties
concerned.
5. An
expert
may
be
called
to
give
evidence
as
a
witness
at
the
request
of
one
of
the
parties
or
by
the
Court
on
its
own
motion.
6. The
appointment
of
an
expert
to
give
evidence
shall
in
no
way
prejudice
the
right
of
any
party
to
obtain,
at
its
own
expense,
evidence
from
other
technical
experts.
62
7. When
the
services
of
a
psychiatrist
are
called
for,
the
Court
must
ask
the
psychiatrist
whether
the
accused
is
a
person
dangerous
to
society,
whenever
this
is
to
prescribed
by
law
for
taking
any
proper
security
measures.
CHAPTER
VII
Relevancy
of
the
Character
of
the
Accused
Article
162
Character
of
the
Accused
1. In
criminal
proceedings:
a) the
fact
that
the
person
accused
is
of
a
good
character
is
relevant;
and
b) the
fact
that
the
accused
person
has
a
bad
character
is
irrelevant,
unless:
i) evidence
has
been
given
that
he
has
a
good
character,
in
which
case
it
becomes
relevant;
ii) the
bad
character
of
any
person
is
itself
a
fact
in
issue,
in
which
case
it
is
always
relevant.
2. A
previous
conviction
is
relevant
as
evidence
of
bad
character.
PART
II
PRODUCTION
AND
EFFECT
OF
EVIDENCE
CHAPTER
I
The
Burden
of
Proof
Article
163
Burden
on
Prosecution
In
criminal
proceedings,
the
prosecution
shall
prove
beyond
reasonable
doubt:
a) that
the
alleged
offence
was
in
fact
committed:
and
b) that
the
accused
committed
it.
Article
164
Burden
of
Proof
as
to
Particular
Fact
Unless
any
law
provides
otherwise,
the
burden
of
proof
as
to
any
particular
fact
lies
on
that
party
who
wishes
the
Court
to
believe
in
its
existence.
Article
165
Burden
of
proving
that
Case
of
Accused
comes
within
Exceptions
When
a
person
is
accused
of
any
offence,
the
burden
of
proving
the
existence
of
extenuating
circumstances
or
of
circumstances
excluding
punishment
is
upon
the
accused.
CHAPTER
II
Facts
which
need
not
be
Proved
Article
166
63
Facts Judiciary Noticed
Not fact of which the Court will take judicial notice need be proved.
Article 167
Facts of which Court shall take Judicial Notice
The Court shall take judicial notice of the following facts:
a) all laws and regulations in force or formerly in force in the Somali Republic or in any
part of the territory of the Somali Republic prior to its constitution as a State and also
the procedure followed for preparing such laws and regulations;
b) the seals of the State and any other seals which any person is authorized to use by
law or may have been authorized to use in the different party of the State prior to its
constitution;
c) the accession to office, names, titles, functions and signature of the persons filling for
the time being any public office in the Somali Republic, if the fact of their
appointment to such office is notified in the Official Bulletin or any similar publication
in use in any part of the territory of the Somali Republic at any time;
d) the existence, title and national flag of every State recognized by the Government of
the Somali Republic;
e) the divisions of time, official holidays and the territory of the State.
Article 168
Facts of which Court may take Judicial Notice
The Court may, at the request of either party or on its own motion, take judicial notice of any
relevant fact, if it is reasonably satisfied that the fact in question is generally known or can be easily,
ascertained.
Article 169
Use of Reference Material in taking Judicial Notice
1. In all cases where the Court must or may take judicial notice of any fact, the Court may
resort to appropriate books or documents of reference for assistance.
2. In the cases referred to in Article 168, the Court may refuse to take judicial notice of any
fact, unless and until the party concerned produces in time any book or document as the Court for the
purpose may consider necessary.
CHAPTER III
Presumptions
Article 170
Presumptions as to Genuineness or Correctness
1. Unless there is evidence to the contrary, the Court shall presume:
a) that a document is genuine and properly executed if issued by:
i) any organ of the State or any organ existing in the different parts of the
territory of the State prior to its constitution;
64
ii) a
person
exercising
public
functions
in
the
State
or
in
different
parts
of
the
territory
of
the
State
prior
to
its
constitution;
iii) an
organ
of
a
foreign
country
or
a
person
exercising
public
functions
therein
if
authenticated
in
accordance
with
the
law
of
that
country;
2. that
every
officer
by
whom
any
such
document
purports
to
be
issued,
signed
or
certified,
held,
when
he
issued,
signed
or
certified,
held,
when
he
issued,
signed
or
certified
it,
the
official
position
which
he
claims
in
such
document.
3. For
the
purposes
of
this
Article
a
document
shall
mean
any
written
communication.
Article
171
Court
may
presume
the
Existence
of
certain
Facts
The
Court
may
presume,
in
relation
to
the
particular
circumstances
of
the
case,
the
existence
of
any
fact
which
it
thinks
likely
to
have
happened,
when:
a) the
common
course
of
natural
events;
b) the
common
course
of
human
nature
and
conduct;
or
c) the
common
course
of
public
and
private
business,
d) reasonably
lead
to
such
inference.
CHAPTER
IV
Production
of
Material
Objects
and
other
Matters
Article
172
Material
Objects
and
other
Matters
which
can
be
produced
in
Court
1. There
may
be
produced
before
the
Court:
a) material
objects
which
were
the
means
or
the
subject
of
an
offence;
b) records
of
confessions
taken
in
accordance
with
Article
68;
c) any
other
thing
material
to
the
offence,
which
the
Court
may
allow
to
be
produced.
2. Any
party
may
make
use
of
things
produced
in
Court:
a) by
examining
witnesses
about
such
things;
b) by
referring
to
such
things
when
making
any
statement
before,
or
request
to,
the
Court.
CHAPTER
V
Evidence
which
may
not
or
need
not
be
given
Article
173
One
Spouse
as
Witness
against
the
other
No
person
who
is
married
or
has
been
married
may
give
evidence
as
against
the
other
spouse,
in
regard
to
anything
that
has
taken
place
during
the
existence
of
such
marriage,
even
though
the
marriage
has
been
dissolved
for
any
reason,
except:
a) with
the
express
consent
of
the
spouse;
or
b) in
relation
to
any
offence
alleged
to
have
been
committed
by
the
spouse
against
i) the
person
giving
the
evidence;
ii) the
ascendant
or
descendant
of
either
of
the
spouses.
Article
174
65
State
Secrets
1. Evidence
may
not
be
given:
a) of
any
political
or
military
secret
of
the
State;
or
b) of
any
other
matter
which,
if
disclosed,
might
prejudice:
i) the
security
of
the
State;
ii) the
political
interests,
either
internal
or
external,
of
the
State.
2. If
the
accused
has
asked
for
evidence
to
be
given
in
regard
to
some
facts
falling
within
the
category
indicated
in
the
preceding
paragraph,
the
Court,
having
considered
in
chambers
the
nature
of
such
evidence
and
having
heard
the
opinion
of
the
Attorney
General
may,
whenever
it
considers
that
failure
to
admit
such
evidence
would
gravely
prejudice
the
defence,
order
that
the
proceedings
be
terminated
and
take
any
other
measures
provided
for
in
Article
76.
Such
order
to
terminate
the
proceedings
shall
have
the
same
effect
as
a
judgement
for
the
purpose
of
paragraph
3
of
Article
13.
Article
175
Judges
as
Witnesses
1. No
Judge
shall,
except
upon
the
special
order
of
the
Supreme
Court,
be
compelled
to
answer
any
questions
as
to:
a) his
own
conduct
in
the
exercise
of
his
judicial
functions;
or
b) anything
which
came
to
his
knowledge
by
reason
of
his
office.
2. The
provisions
of
the
preceding
paragraph
shall
also
apply
to
Assessors.
Article
176
Information
as
to
Commission
of
Offences
A
Court
shall
not:
a) compete
the
Attorney
General
or
a
Police
Officer
to
reveal
the
name
of
any
person
who
has
given
them
information;
b) receive
from
the
Attorney
General
or
a
Police
Officer
information
obtained
from
persons
whose
names
such
officers
do
not
deem
it
proper
to
reveal.
Article
177
Professional
Secrets
1. No
legal
practitioner
shall
at
any
time
be
permitted,
unless
with
the
express
consent
of
his
client,
to
disclose:
a) any
matter
which
was
communicated
to
him
in
confidence;
or
b) any
matter
which
came
to
his
knowledge
in
the
course
of
his
duties
as
a
legal
practitioner.
2. The
provisions
of
the
preceding
paragraph
shall
also
apply
to
clerks,
interpreters
and
other
employees
of
legal
practitioners.
Article
178
66
Evidence Null and Void
Failure to observe any of the provisions of this Chapter shall render the evidence null and void,
and the Court may so determine also on its own motion at any state of the proceedings.
PART III
EXAMINATION OF WITNESSES
CHAPTER I
General Provisions
Article 179
Examination of Witnesses
Except as otherwise provided by law, a witness shall be examined:
a) orally in open Court,
b) in the presence of the accused,
c) under oath or affirmation.
Article 180
Persons who may Testify
1. All persons shall be competent to testify, unless the Court considers that any person is
prevented from understanding the questions put to him or from giving rational answers to them because
of:
a) tender years,
b) extreme old age,
c) disease, whether of body or mind.
2. The duty to testify shall be mandatory.
Article 181
Oath and Affirmation
Except as provided for in paragraph 4 of Article 182, every witness, before giving evidence, shall:
a) take an oath in accordance with his religion; or
b) make an affirmation, which shall be equivalent for all purposes to an oath, if:
i) he does not profess any religion, or
ii) the taking of an oath is forbidden by the religion professed by the person
concerned.
Article 182
Administration of Oath or Affirmation
1. An oath or affirmation shall be made before the presiding Judge.
2. The oath shall be made in the following terms: “I swear in the name of God to tell the truth,
the whole truth and nothing but the truth”.
67
3. An
affirmation
shall
be
made
in
the
following
terms
“I
solemnly
declare
that
I
will
tell
the
truth,
the
whole
truth
and
nothing
but
the
truth”.
4. Any
person
who
has
not
reached
the
age
of
fourteen
years
at
the
time
of
taking
an
oath
or
making
an
affirmation
shall
be
permitted
to
take
an
oath
or
make
an
affirmation,
provided
that
the
presiding
Judge
shall
clearly
warn
him
of
the
duty
to
tell
the
truth,
the
whole
truth
and
nothing
but
the
truth.
Article
183
Deaf
and
Dumb
Witnesses
1. In
order
to
question,
examine
or
adMinister
an
oath
or
affirmation
to
a
person
who
is
deaf
or
dumb
or
deaf
and
dumb,
the
following
procedure
shall
be
followed:
a) deaf
persons
shall
be
given
the
oath
or
affirmation
and
questions
in
writing;
they
shall
take
the
oath
or
make
the
affirmation,
and
reply
to
the
questions
orally;
b) dumb
persons
shall
be
questioned
orally
and
persons
shall
reply
in
writing;
the
oath
or
affirmation
shall
be
read
to
them
by
the
presiding
Judge,
and
then
given
to
them
in
writing
and
they
shall
sign
it;
c) deaf
and
dumb
persons
shall
be
given
questions
in
writing
and
shall
reply
in
writing;
the
oath
or
affirmation
shall
be
given
in
writing
and
they
shall
sign
it.
2. If
a
deaf,
dumb
or
deaf
and
dumb
person
does
not
know
how
to
read
or
write,
the
Judge
shall
appoint
one
or
more
interpreters,
preferably
chosen
from
among
persons
who
are
accustomed
to
communicate
with
such
person.
Article
184
Proof
of
Facts
by
oral
Evidence
1. Oral
evidence
shall,
in
all
cases,
be
direct,
that
is
to
say:
a) if
it
refers
to
a
fact
which
could
be
seen,
it
shall
be
the
evidence
of
a
witness
who
says
he
saw
it;
b) if
it
refers
to
a
fact
which
could
be
heard,
it
shall
be
the
evidence
of
a
witness
who
says
he
heard
it;
c) if
it
refers
to
a
fact
which
could
be
perceived
by
any
other
sense
or
in
any
other
manner,
it
shall
be
the
evidence
of
a
witness
who
says
he
perceived
it
by
that
sense
or
in
that
manner;
d) if
it
refers
to
an
opinion
or
to
the
grounds
on
which
that
opinion
is
held,
it
shall
be
the
evidence
of
the
person
who
holds
that
opinion
on
those
grounds.
2. If
the
oral
evidence
refers
to
the
existence
or
condition
of
any
material
thing,
the
Court
may,
if
it
things
fit,
require
the
production
of
such
material
thing
or
its
inspection.
3. Notwithstanding
anything
contained
in
this
Article,
opinions
of
experts
expressed
in
any
treatise
commonly
offered
for
sale,
and
the
grounds
on
which
such
opinions
are
held,
may
be
proved
by
the
production
of
such
treatises
if
the
author:
a) is
dead,
68
b) cannot be found,
c) has become incapable of giving evidence, or
d) cannot be called as a witness without an amount of delay or expense which the Court
regards as unreasonable in the circumstances.
Article 185
Examination of the Accused
Except as otherwise provided by law, the provisions regarding the examination of witnesses shall
apply, in so far as applicable, to the questioning, examination and taking of the oath or making an
affirmation of or by the accused.
Article 186
Cases in which Evidence may be taken in a Place
other than the Court
1. Except as otherwise provided by law, if:
a) the President of the Republic,
b) the President of the National Assembly,
c) the Prime Minister,
are required to be called as a witness, the presiding Judge shall go to the place agreed upon with such
witness in order to receive his evidence.
2. the presiding Judge shall hear the evidence referred to in the preceding paragraph without
the presence of the public. The Attorney General and the accused or his Counsel shall have the right to be
present and they must be informed of the date, time and place when such evidence will be heard.
3. The provision of the preceding paragraph shall also apply in the cases in which a witness is
unable to appear due to reasons of serious ill-‐health.
4. International conventions and custom shall apply in cases in which diplomats of a foreign
State accredited to the Somali Republic and representatives of International Organizations who have
diplomatic status are called as witnesses.
CHAPTER II
Examination of Witnesses
Section I
GENERAL PROVISIONS
Article 187
Definitions
For the purposes of this Code, unless the context provides otherwise:
a) the term “examination-‐in-‐chief” shall mean the examination of a witness by the party
that calls him;
69
b) the
term
“cross-‐examination”
shall
mean
the
examination
of
a
witness
by
the
party
other
than
the
party
which
calls
him;
c) the
term
“re-‐examination”
shall
mean
the
examination
of
a
witness
by
the
party
who
called
him
subsequent
to
the
cross-‐examination;
d) the
term
“leading
question”
shall
mean
any
question
put
to
a
witness
in
such
a
way
as
to
suggest
a
reply
that
the
party
putting
the
question
wishes
or
expects
to
receive.
Article
188
Order
of
Examination
1. A
witness
shall
first
be
examined-‐in-‐chief;
then,
if
the
other
party
so
desires,
the
witness
may
be
cross-‐examined;
then
if
the
party
calling
the
witness
so
desires,
the
witness
may
be
re-‐examined.
2. The
examination-‐in-‐chief
and
the
cross-‐examination
shall
relate
to
relevant
facts
but
the
cross-‐examination
need
not
be
confined
to
the
facts
which
the
witness
testified
to
in
his
examination-‐in-‐
chief.
3. The
re-‐examination
shall
be
directed
to
the
explanation
of
matters
referred
to
in
cross-‐
examination;
and
if
new
matter
is
introduced,
with
the
permission
of
the
Court,
in
re-‐examination,
the
other
party
may
further
cross-‐examine
e
upon
that
matter.
Article
189
Refreshing
Memory
1. A
witness
may,
while
under
examination
and
with
the
permission
of
the
Court,
refresh
his
memory
regarding
matters
about
which
he
is
being
examined,
by
referring
to:
a) any
writing
made
by
himself;
i) at
the
time
of
occurrence
of
the
event
concerning
which
he
is
questioned;
ii) so
soon
after
the
occurrence
of
the
event
that
the
Court
considers
likely
that
the
transaction
was
at
that
time
fresh
in
his
memory;
b) any
such
writing
made
by
another
person
and
read
by
the
witness
within
the
time
aforesaid,
if,
when
the
witness
read
it,
he
knew
it
to
be
correct;
c) professional
treatises,
if
the
witness
is
an
expert
or
a
technical
consultant.
2. Whenever
a
witness
is
permitted
to
refresh
his
memory
by
referring
to
any
document
or
writing,
he
may,
with
the
permission
of
the
Court,
refer
to
a
copy
of
such
document
or
writing
if
the
non-‐
production
of
the
original
is
satisfactorily
accounted
for.
3. A
witness
may
also
testify
to
facts
mentioned
in
any
such
document
or
writing
as
is
mentioned
in
this
Article,
even
though
he
has
no
specific
recollection
of
the
facts
themselves,
if
he
is
sure
that
the
facts
were
correctly
recorded
in
the
document.
4. Any
document
or
writing
referred
to
under
the
provisions
of
this
Article
shall
be
produced
before
the
Court
and
shall
be
shown
to
the
other
party,
if
such
party
so
desires.
Article
190
Production
of
Documents
70
A
witness
summoned
to
produce
a
document
or
writing
shall,
if
it
is
in
his
possession
or
power,
produce
it
before
the
Court,
notwithstanding
any
objection
there
may
be
to
its
production
or
admissibility.
The
validity
of
any
such
objection
shall
be
decided
by
the
Court,
and
for
this
purpose
the
Court
may:
a) inspect
such
document
in
chambers;
b) take
other
evidence
to
enable
the
Court
to
determine
its
admissibility;
c) order
the
translation
of
the
document,
and
in
such
case
may
order
the
translator
to
keep
the
contents
secret.
Section
II
EXAMINATION
OF
A
WITNESS
BY
THE
PARTY
CALLING
HIM
Article
191
Prohibition
on
leading
Questions
1. Leading
questions
shall
not
be
asked
in
an
examination-‐in-‐chief
or
in
a
re-‐examination
except
with
the
permission
of
the
Court.
2. The
Court
may
permit
leading
questions
in
examination-‐in-‐chief
and
re-‐examination
only
as
to
matters
which
are
introductory
or
undisputed
or
which
have,
in
its
opinion,
been
already
sufficiently
proved.
Article
192
Examination
of
a
Hostile
or
unwilling
Witness
The
Court,
when
it
is
satisfied
that
a
witness
is
hostile
to,
or
is
unwilling
to
answer
the
questions
of,
the
party
which
called
him,
may
at
its
discretion
permit
the
party
which
called
the
witness
to
put
any
questions
to
the
witness
which
might
be
put
in
cross-‐examination
by
the
other
party,
in
accordance
with
the
provisions
of
the
following
Section.
Section
III
EXAMINATION
OF
A
WITNESS
BY
THE
OTHER
PARTY
Article
193
Admissibility
of
leading
Questions
Leading
questions
may
be
asked
in
cross-‐examination.
Article
194
Cross-‐examination
On
A
Written
Statement.
A
witness
may
be
cross-‐examined
as
to
previous
statements
made
by
him
in
writing
or
reduced
into
writing,
without
such
writing
being
shown
to
him
or
being
proved.
But
if
it
is
intended
to
contradict
him
by
the
writing,
his
attention
shall,
before
the
writing
can
be
proved,
be
called
to
those
party
of
it
which
are
to
be
used
for
the
purpose
of
contradicting
him.
Article
195
Questions
lawful
in
Cross-‐examination
1. When
a
witness
is
cross-‐examined,
he
may
be
asked
any
question
which
tends:
71
a) to test his veracity,
b) to discover who he is and what is his position in life,
c) to shake his credit,
although the answer to such question might tend directly or indirectly to expose him to penal proceedings
or to civil action for damages.
2. If any such question as asked in accordance with the preceding paragraph relates to a
matter relevant to the proceedings, or if the Court orders the witness to answer in accordance with the
provisions of the following paragraph, the provisions of Article 200 shall apply.
3. If any such question relates to a matter not relevant to the proceedings and tends only to
affect the credit of the witness, the Court shall decide whether or not the witness shall be compelled to
answer it. In exercising its discretion, the Court shall have regard to the following considerations:
a) such questions are proper if they are of such nature that the truth of the imputation
conveyed by them would seriously affect the opinion of the Court as to the credibility
of the witness on the matter to which he testifies;
b) such questions are improper if:
i) the imputation which they convey relates to matters so remote in time or of
such a character that the truth of the imputation would not affect, or would
affect in a slight degree, the opinion of the Court as to the creditability of the
witness on the matter to which he testifies;
ii) there is a great disproportion between the importance of the imputation
made against the witness’s character and the importance of his evidence.
The Court may, if it deems fit, warn the witness that he is not obliged to answer a question.
4. No such question as is referred to in the preceding paragraph ought to be asked, unless the
person asking it has reasonable grounds for thinking that the imputation which is conveyed is well-‐
founded.
5. A Court:
a) may forbid any questions or inquiries which it regards as indecent or scandalous,
although such questions or inquiries may have some bearing on the questions before
the Court, unless they relate to facts in issue or to matters necessary to be known in
order to determine whether or not the facts in issue existed,
b) shall forbid any questions or inquiries which appear to it to be intended solely to
insult or to annoy or which, though proper in themselves, appear to the Court
needlessly offensive in form.
Article 196
Evidence to contradict Answers to Questions testing Veracity
1. No evidence shall be given to contradict any answer given by a witness to questions put to
him with the sole intention of shaking his credit, except:
a) if the Court permits, or
b) if:
72
i) the
questions
refer
to
any
previous
convictions
of
the
witness
for
any
offence,
or
ii) the
questions
tend
to
impeach
his
impartiality.
2. In
the
cases
referred
to
in
sub-‐paragraphs
a)
and
b)
of
the
preceding
paragraph
evidence
to
contradict
him
may
be
given.
Article
197
Impeaching
the
Credit
of
a
Witness
The
credit
of
a
witness
may
be
impeached
by
the
party
other
than
the
party
calling
him
or,
with
the
consent
of
the
Court,
by
the
party
who
has
called
him:
a) by
the
evidence
of
persons
who
testify
that
they
from
their
personal
knowledge
of
the
witness
believe
him
to
be
unworthy
of
credit;
b) by
proof
that
the
witness,
in
order
to
give
his
evidence:
i) has
caused
or
induced
another
person
to
give,
or
offer
to
give,
to
him
or
to
a
third
person
any
bribe
or
other
corrupt
inducement,
or
ii) has
accepted
the
offer
of
such
bribe
or
other
corrupt
inducement;
c) by
proof
of
former
statements,
inconsistent
with
any
part
of
his
evidence
which
is
liable
to
be
contradicted;
d) when
a
man
is
prosecuted
for:
i) a
crime
or
attempted
crime
of
sexual
violence,
or
ii) ii)
a
crime
or
attempted
crime
against
modesty
or
sexual
honour;
on
a
woman
over
16
years
of
age,
evidence
may
be
given
to
show
that
the
woman
was
of
generally
immoral
character.
Section
IV
EXAMINATION
OF
WITNESS
BY
Court
Article
198
Discretion
and
Powers
of
the
Court
1. The
Court
may,
in
order
to
discover
or
obtain
proper
proof
of
relevant
facts:
a) ask
any
questions
it
pleases,
in
any
form,
at
any
time,
except
for
the
matters
provided
for
in
Articles
173,
174,
175,
176,
177,
188
and
200,
of
any
witness
or
of
the
parties
about
any
fact
relevant
or
irrelevant,
b) order
the
production,
or
inspection,
of
documents,
things
or
places,
and
the
taking
of
any
measures
which
it
deems
fit
and
proper
to
discover
or
obtain
proper
proof.
CORRIGENDUM
_________________
Article
199.
Accomplices
The
persons
who
have
participated
in
an
offence
may
be
witnesses
in
the
proceedings.
73
However,
the
Court
shall
not
convict
an
accused
person
on
the
basis
of
the
testimony
of
an
accomplices
unless
such
testimony
is
corroborated
by
other
evidence.
74
Section
V
CORROBORATION
Article
199
Accomplices
An
accomplice
shall
be
a
competent
witness
against
an
accused,
provided
that
a
Court
shall
not
convict
an
accused
person,
unless
there
is
some
other
evidence
or
circumstances
corroborating
in
material
particulars
the
evidence
of
the
accomplice.
Article
200
Questions
tending
to
Corroborate
Evidence
of
Relevant
Fact
When
it
is
necessary
or
desirable
to
corroborate
the
evidence
of
any
witness
and
that
witness
gives
evidence
of
any
relevant
fact,
he
may
be
questioned
as
to
any
other
circumstances
which
he
observed
at
or
near
the
time
or
place
at
which
such
relevant
fact
occurred,
if
the
Court
is
of
the
opinion
that
such
circumstances,
if
proved,
would
corroborate
the
testimony
of
the
witness
as
to
the
relevant
fact
concerning
which
he
testifies.
Article
201
Former
Statement
of
Witness
as
Corroboration
In
order
to
corroborate
the
evidence
of
a
witness,
any
former
statement
relating
to
the
same
fact
made
by
such
witness:
a) at
or
about
the
time
when
the
fact
took
place,
or
b) before
any
authority
legally
competent
to
investigate
the
fact,
may
be
proved.
Section
VI
EVALUATION
OF
EVIDENCE
AND
DECISIONS
ON
ADMISSIBILITY
OF
EVIDENCE
Article
202
Court
to
Decide
on
Weight
of
Evidence
The
Court
shall
determine
the
weight
to
be
given
to
the
evidence
admitted.
Article
203
Admissibility
of
Evidence
1. The
Court
may
only
allow
evidence
to
be
given
concerning
facts
which
are
allowed
by
law
to
be
proved
in
the
trial.
2. If
the
relevancy
of
one
alleged
fact
depends
upon
another
alleged
fact
being
first
proved,
the
Court
may,
at
its
discretion,
either
permit
evidence
of
the
first
fact
to
be
given
before
the
second
is
proved,
or
require
evidence
to
be
given
of
the
second
fact
before
evidence
is
given
of
the
first
fact.
Article
204
Improper
Admission
or
Rejection
of
Evidence
75
The
improper
admission
or
rejection
of
evidence
shall
not
of
itself
be
grounds
for
a
new
trial
or
the
reversal
of
any
decision
in
any
case,
if
it
shall
appear
to
the
Court
before
which
such
objection
is
raised
that:
a) independently
of
the
evidence
objected
to
and
admitted,
there
was
sufficient
other
evidence
to
justify
the
decision,
or
b) if
the
rejected
evidence
had
been
received,
if
ought
not
to
have
varied
the
decision.
Section
VII
GENERAL
PROVISIONS
Article
205
Incriminating
Answers
1. A
witness
is
obliged
to
answer
questions
put
to
him
by
a
party
on
any
relevant
matter
and
to
questions
which
the
Court
has
ordered
him
to
answer,
even
if
such
answer
might
expose
him
to
criminal
proceedings
or,
directly
or
indirectly,
to
a
civil
action
for
damages.
2. No
answer,
which
a
witness
shall
be
compelled
to
give
in
accordance
with
the
preceding
paragraph,
shall
subject
him
to
arrest
or
prosecution,
or
be
proved
against
him
in
any
criminal
proceeding,
except
a
prosecution
for
giving
false
evidence
by
such
answer.
Article
206
Rules
Relating
to
Cross-‐examination
of
an
Accused
An
accused:
a) shall
not
be
cross-‐examined
on
an
unsworn
statement
taken
in
accordance
with
subparagraph
b)
ii)
of
paragraph
1
of
Article
116;
b) shall
be
cross-‐examined
on
a
sworn
statement
taken
in
accordance
with
subparagraph
b)
i)
of
paragraph
1
of
Article
116,
for
the
sole
purpose
of
testing
the
veracity
of
the
statement.
Article
207
Interpreters
1. The
Court
shall
appoint
an
interpreter,
selecting
him,
if
possible,
from
among
persons
jointly
agreed
by
the
parties:
a) when
a
document
written
in
a
foreign
language
has
to
be
translated;
b) when
the
person
wishing
or
required
to
make
a
statement
or
give
evidence
does
not
know
the
language
used
by
the
Court;
c) in
any
other
case
when
it
is
deemed
necessary
or
desirable
by
the
Court.
2. The
performance
of
the
duties
of
interpreter
shall
be
mandatory
and
the
cost
therefor
shall
be
borne
by
the
State
Treasury.
76
3. Before
commencing
the
performance
of
his
duties
the
interpreter
shall
take
an
oath
or
make
a
solemn
affirmation,
as
provided
in
Article
182,
that
he
shall
carry
out
his
task
for
the
purpose
only
of
contributing
to
the
ascertainment
of
the
truth.
4. Where
the
translation
of
a
written
document
requires
work
of
a
lengthy
duration,
the
Court
may
establish
the
time-‐limit
by
which
the
interpreter
must
submit
the
written
translation,
and
may
extend
such
time-‐limit
where
there
are
reasonable
grounds
to
do
so.
5. The
provision
of
Article
161
shall
be
observed,
insofar
as
applicable.
77
BOOK
FOUR
APPEALS
AND
EXUCUTION
PART
I
APPEALS
CHAPTER
I
General
Provisions
Article
208
General
Rules
1. The
law
shall
prescribe
the
cases
in
which
judicial
measures
are
subject
to
appeal
and
shall
prescribe
the
means
by
which
such
appeal
shall
be
made.
2. The
right
of
appeal
shall
be
restricted
to
such
party
or
parties
on
whom
it
is
expressly
conferred
by
law.
78
3. Only
a
party
having
interest
in
an
appeal
shall
have
the
right
of
appeal.
4. In
every
case:
a) the
accused
shall
not
appeal
against
a
count
of
the
judgement
for
which
he
has
been
found
guilty
when
he
has
already
pleated
guilty
to
such
count
in
accordance
with
the
provisions
of
this
Code;
b) a
party
shall
not
appeal
against
an
order
that
proceedings
be
terminated
when
such
order
has
been
granted
in
conformity
with,
or
is
a
consequence
of,
any
request
of
such
party
in
accordance
with
the
provisions
of
this
Code;
c) the
Attorney
General
shall
not
appeal
against
an
order
that
proceedings
be
terminated
when
the
Attorney
General,
having
been
consulted
beforehand
in
accordance
with
the
provisions
of
this
Code,
did
not
object
to
such
order.
5. Appeals
shall
be
governed
by
the
provisions
of
the
Law
on
the
Organization
of
the
Judiciary,
except
as
otherwise
provided
in
this
Code.
Article
209
Appeal
by
Accused
1. An
accused
may
appeal
in
person
or
through
a
special
representative.
2. In
cases
where
a
sentence
of
death
has
been
passed,
the
Counsel
who
defended
the
accused
in
the
trial
may
appeal
without
any
special
mandate
to
do
so
and
even
against
the
wishes
of
the
convicted
person.
3. Parents
of
minor
children
and
the
legal
representatives
of
wards,
even
though
they
are
not
entitled
to
notification
of
judgement,
may
appeal
on
behalf
of
such
children
or
wards.
4. Except
in
the
cases
referred
to
in
paragraph
2
of
this
Article,
the
accused
may
cancel
an
appeal
made
by
other
person
on
his
behalf
by
giving
notice
to
the
Court
that
he
does
not
with
such
appeal
to
be
made.
If
the
accused
is
a
minor
or
is
incompetent,
the
parents
or
legal
representative
shall
give
consent
for
such
notice
to
be
valid.
5. if
an
accused
person
and
other
persons
permitted
to
do
so
under
the
provisions
of
this
Article
have
each
lodged
an
appeal,
and
one
of
the
appeals
is
invalid,
it
will
be
validated
by
the
validity
of
the
other,
and
this
shall
also
apply
to
the
grounds
for
the
appeal.
If
there
is
any
conflict
between
the
appeals,
the
appeal
lodged
by
the
accused
shall
prevail.
Article
210
Appeals
by
the
Attorney
General
1. An
appeal
may
be
lodged
by
the
Office
of
the
Attorney
General
or
by
the
person
who
has
represented
the
Attorney
General
in
the
proceedings,
in
accordance
with
paragraph
2
of
Article
12.
2. If
the
Attorney
General
or
his
Deputies,
as
well
as
his
representative
in
the
relevant
proceedings,
have
lodged
and
appeal
and
one
of
the
appeals
is
invalid,
it
will
be
validated
by
the
validity
of
the
other;
and
this
shall
also
apply
to
the
ground
for
the
appeal.
If
there
is
any
conflict
between
the
appeals,
the
appeal
lodged
by
the
Attorney
General
or
his
Deputies
shall
prevail.
79
Article
211
Appeal
by
the
other
Parties
Other
parties
may
lodge
an
appeal
personally
or
through
a
special
representative.
Article
212
Form
of
Appeal
An
appeal
shall
be
lodged
by
means
of
a
notice,
which
may
be
verbal
and
which
shall
indicated:
a) the
judicial
act
or
judgment
against
which
the
appeal
is
lodged;
b) the
date
of
such
act
or
judgement;
c) the
judicial
authority
that
has
issued
it;
d) the
proceedings
to
which
the
appeal
refers.
Article
213
Receipt
of
the
Notice
of
Appeal
1. A
notice
of
appeal
shall
be
lodged
with
the
Registrar
of
the
Court
from
whose
act
or
judgement
the
appeal
is
being
taken.
The
notice
may
also
be
filed
by
registered
letter
or
telegram
to
such
Registrar
and
shall
be
presented
at
a
post
or
telegraph
office
within
the
time-‐limit
fixed
in
Article
214.
2. If
the
person
who
is
concerned
in
the
appeal
is
under
detention,
the
notice
of
appeal
shall
be
sent
or
given
to
the
authority
detaining
such
person
and
that
authority
shall
immediately
transmit
such
notice
to
the
Registrar
of
the
Court
from
whose
act
or
judgement
the
appeals
is
being
taken.
3. The
Registrar
shall
attach
the
notice
of
appeal
to
the
record
of
the
trial,
after
having
record
thereon
the
date
on
which
the
appeal
was
received
and
after
having
signed
it.
Article
214
Time-‐limit
for
Notice
of
Appeal
1. The
time-‐limit
for
the
lodging
of
a
notice
of
appeal
shall
be:
a) 30
days,
if
the
appeal
is
against
judgement,
starting
from
the
day
on
which
judgement
was
pronounced;
b) 15
days,
if
the
appeal
is
against
any
other
judicial
act
starting
from
the
date
on
which:
i) such
act
was
done,
in
respect
of
the
parties
present;
ii) the
parties
who
were
not
present
were
notified.
2. The
Supreme
Court
and
the
Court
of
Appeal
may,
by
decision
in
chambers,
extend
the
time-‐
limit
for
lodging
an
appeal
against
an
act
or
judgement
of
a
lower
Court,
when
it
is
ascertained
that
the
accused
was
unable
to
comply
with
such
time-‐limit
for
reasons
beyond
his
control.
Insofar
as
applicable,
the
provisions
laid
down
in
paragraph
2
and
3
of
Article
223
shall
apply.
Article
215
80
Notification of Appeal by the Attorney General
1. A notice of appeal by the Attorney General shall be notified to the accused within 30 days of
its being lodged with the Registrar who has received it; otherwise such notice shall be null and void.
2. Notice of such appeal shall be made in accordance with paragraph 5 of Article 80, provided
that, if it is not possible to make the notification in accordance with paragraphs 2, 3 and 4 of Article 51,
the notice of appeal shall be deemed to have been made by depositing one of the originals, for
transmission to the accused, with the Registrar of the Court from whose act or judgement the appeal is
made.
Article 216
Grounds of Appeal
1. The grounds of appeal shall be established by law.
2. Grounds of appeal shall be specific; if not, the appeal shall not be admissible. The grounds of
appeal may be included in the notice of appeal; otherwise the grounds of appeal shall be presented in
writing and signed by the person lodging the appeal, or by the special representative or defence Counsel,
within the time-‐limits laid down in Article 214.
The parties may submit memoranda explaining further the grounds of appeal even after the expiration of
the said time-‐limit.
3. insofar as applicable, the previsions of Article 213 and of paragraph 2 of Article 214 shall be
observed.
Article 217
Application of the Appeal to more than one Person
1. When two or more person, having bee accused of participation in the same offence, have
been tried together, a notice of appeal made by one of the accused and the grounds of such appeal, unless
the appeal and the grounds apply exclusively to one person, shall also apply to the other or others.
2. When there is a joinder of proceedings for different offences, a notice of appeal by one
accused shall only apply to all the other accused if the grounds of appeal relate to procedural violations
and do not apply exclusively to the accused who is appealing.
3. If the appeal is inadmissible or if it has been withdrawn in accordance with Article 221, the
inadmissibility or withdrawal shall also apply to the appeal as concerns the other accused referred to in
the preceding paragraph.
Article 218
Appeal operate as Stay of Proceedings
1. Except as otherwise provided by law, during the period preceding the expiration of the time-‐
limit to appeal and during the appeal proceedings, the execution of any act or judgement shall be
suspended.
2. However:
81
a) any
measures
relating
to
the
liberty
of
the
person
shall
immediately
be
enforceable;
b) whenever
an
accused
is
on
bail;
the
Court
which
pronounced
sentence
of
conviction
or
the
Court
to
which
the
appeal
shall
be
taken
shall
revoke
such
bail
if
the
amount
of
the
bond
or
other
guarantee
is
considered
insufficient
in
relation
to
the
punishment
imposed.
Article
219
Appeal
against
orders
and
Decisions
made
before
and
during
the
Trial
Except
as
otherwise
provided
by
law:
a) orders
and
decisions
made
before
trial
may
be
appealed
against
only
if
they
dispose
of
the
proceeding;
b) any
orders
and
decisions
made
during
the
trial
are
subject
to
appeal
only
together
with
appeal
from
the
judgement
or
an
order
to
terminate
proceedings,
provided
that
the
intention
of
appealing
was
notified
to
the
Court
immediately
after
such
orders
or
decisions
were
made.
Article
220
Appeal
with
regard
to
Civil
Damages
1. An
appeal
in
a
criminal
proceeding
by
an
injured
party,
or
by
an
accused,
against
the
judgement
in
regard
to
civil
damages
given
in
accordance
with
Article
131,
shall
only
be
admissible
in
such
a
proceeding
when
an
appeal
has
been
lodged
by
the
accused
or
by
the
Attorney
General
against
sentence
of
conviction
or
acquittal.
2. An
appeal
against
a
judgement
with
regard
to
civil
damages
shall
be
governed
by
the
provisions
of
civil
law,
insofar
as
applicable,
where:
a) no
appeal
against
convictions
or
acquittal
has
been
lodged
by
the
accused
or
by
the
Attorney
General;
b) such
appeal
is
either
inadmissible
or
has
been
withdrawn,
in
accordance
with
Article
221,
by
the
parties
that
lodged
the
appeal.
3. When
an
appeal
is
not
allowed
in
a
criminal
proceeding,
the
time-‐limit
for
the
appeal
in
a
civil
Court
with
regard
to
a
judgement
concerning
civil
damages
shall
run:
a) from
the
day
on
which
the
judgement
becomes
final
and
irrevocable
in
case
coming
within
the
provisions
of
sub-‐paragraph
a)
of
the
preceding
paragraph;
b) either
from
the
day
on
which
the
inadmissibility
of
the
appeal
was
declared
or
from
the
day
on
which
such
appeal
was
withdrawn
in
cases
coming
within
the
provisions
of
sub-‐paragraph
b)
of
the
preceding
paragraph.
4. A
judgement
with
regard
to
civil
damages
shall
be
considered
automatically
revoked
of,
as
a
result
of
the
appeal,
the
accused
is
acquitted
or
an
order
that
the
proceedings
be
terminated
is
issued,
provided
that
the
civil
action
may
be
started
in
a
civil
Court
when
such
action
is
not
precluded
by
the
nature
or
contents
of
the
decision
of
the
criminal
Court.
Article
221
Withdrawal
of
Appeal
1. A
party
may
withdraw
an
appeal.
Withdrawal
of
the
appeal
shall
be
made
by
notifying
the
Registrar
of
the
Court
from
whose
act
or
judgement
the
appeal
is
made,
or
by
notifying
the
Registrar
of
82
the
Court
to
which
the
appeal
has
been
taken.
An
appeal
may
also
be
withdrawn
during
the
appellate
hearing
and
shall
be
put
on
record.
2. If
the
appeal
has
been
lodged
by
the
Attorney
General
or
one
of
his
Deputies,
it
shall
not
be
withdrawn
without
the
prior
authorization
of
the
Attorney
General.
Article
222
Transmission
of
Documents
Connected
with
Appeal
After
the
prescribed
time-‐limits
have
expired,
the
Registrar
of
the
Court
from
whose
act
or
judgement
the
appeal
is
being
taken,
shall
without
delay
sent
to
the
Registrar
of
the
Court
to
which
the
appeal
must
be
taken
copies
of
the
Court
case
file
and
of
the
decision
appealed
against
and
the
notice
of
appeal
together
with
the
grounds
for
such
appeal,
documents
and
any
other
relevant
memoranda.
Article
223
Inadmissibility
of
Appeal
1. When:
a) An
appeal
has
been
lodged:
i) by
a
person
who
did
not
possess
the
right
to
appeal
or
who
did
not
have
an
interest
in
such
appeal;
ii) against
an
order
or
decision
not
subject
to
appeal;
b) the
notice
of
grounds
of
appeal
have
not
been
presented
in
the
prescribed
from,
time
or
place;
c) the
notifications
without
which
an
appeal
is
null
and
void
have
not
been
made;
d) the
appeal
has
been
withdrawn;
e) the
law
expressly
provides
for
the
inadmissibility
of
the
appeal;
the
Court
to
which
appeal
has
been
taken
shall
deliberate
in
chambers,
after
having
granted
to
the
party
that
lodged
the
appeal,
when
it
considers
it
necessary,
a
reasonable
time
to
present
in
writing
his
reasons,
petitions
and
defenses.
If
it
finds
the
appeal
inadmissible,
it
shall
so
declare
and
shall
order
execution
of
the
act
or
judgement
appealed
against.
2. A
decision
that
an
appeal
is
inadmissible
shall
be
notified
to
all
interested
parties
and
to
the
Attorney
General.
An
appeal
against
such
decision
may
be
filed
before
the
Supreme
Court.
3. Such
notification
shall
be
made
in
the
manner
provided
for
in
paragraph
2
of
Article
215.
Article
224
Cognizance
by
the
Court
of
the
Notice
of
Appeal
1. An
appeal
gives
to
the
Court
which
hears
such
appeal
the
power
to
take
cognizance
only
of
those
parts
of
the
contested
act
or
judgement
on
which
the
appeal
is
based,
except
for
matters
provided
for
in
Article
107.
2. Within
such
limits
and
if
the
appeal
has
been
lodged
by:
a) The
Attorney
General:
i) and
the
appeal
is
against
the
sentence,
the
Court
may,
within
the
limits
of
the
jurisdiction
of
the
Court
of
first
instance,
declare
the
offence
to
be
different
from
the
offence
charged,
even
if
such
new
offence
is
more
serious,
or
it
may
change
or
increase
the
punishment,
revoke
any
benefit
granted,
and
apply,
when
necessary,
any
security
measures
or
any
other
provisions
imposed
or
allowed
by
law;
83
ii) and
the
appeal
is
against
an
acquittal,
the
Court
may
hand
down
a
conviction,
applying
together
with
the
punishment
any
of
the
other
measures
referred
to
in
the
preceding
sub-‐paragraph;
b) the
accused
alone,
the
Court
may
not
inflict
a
punishment
more
serious
either
in
form
or
in
length,
nor
revoke
any
benefits
granted.
The
Court
may,
however,
within
the
limits
indicated
in
sub-‐paragraph
a)
(i)
of
this
paragraph,
declare
the
offence
to
be
different
from
the
offence
appealed
against
even
if
such
new
offence
is
more
serious,
provided
the
new
offence
remains
within
the
jurisdiction
of
the
Court
of
first
instance.
Article
225
Hearing
of
the
Appeal
1. Except
as
otherwise
provided
by
law,
only
appeals
against
judgments
and
orders
made
in
the
course
of
the
trial
that
proceedings
be
terminated
shall
be
heard
in
public.
2. For
appeals
against
any
other
act
or
decision,
the
competent
Court
shall
come
to
its
decision
in
chambers,
after
having
granted
to
the
interested
parties
a
reasonable
time
to
present
in
writing
their
reasons,
petitions,
objections
and
grounds
of
defence.
3. When
a
Court
makes
its
decision
regarding
an
appeal
against
a
judgment
concerning
civil
damages,
the
provisions
of
Articles
130
and
131
shall
be
observed,
insofar
as
applicable.
Article
226
Renouncing
the
Right
to
be
Present
at
the
Appeal
Hearing
1. The
accused
and
the
injured
party,
subject
to
the
consent
of
the
Court
competent
to
hear
the
appeal,
may
renounce
the
right
to
participate
in
the
hearing.
2. The
failure
of
the
accused
or
the
injured
party
to
appear
shall
not
prevent
the
hearing
of
the
appeal
when:
a) there
is
no
reasonable
justification
for
the
failure
to
appear,
and
b) the
Court
does
not
deem
it
necessary
for
the
party
to
appear,
c) provided,
however,
that
the
provisions
relating
to
the
defence
of
the
accused
in
the
cases
referred
to
in
sub-‐paragraph
b)
of
paragraph
2
of
Article
14
of
the
Law
on
the
Organization
of
the
Judiciary
are
observed.
CHAPTER
II
Appeals
Section
I
GENERAL
PROVISIONS
Article
227
Matters
Against
Which
Appeal
can
be
taken
and
Grounds
for
Appeal
1. In
addition
to
cases
covered
by
special
provisions,
an
appeal
may
be
lodged
against
judgement
and
other
measures
of
a
Court
of
first
instance
as
laid
down
in
the
following
paragraph.
2. Except
as
otherwise
provided
for
in
Chapter
1
of
this
part,
the
following
may
appeal:
84
a) against conviction or against acquittal:
i) the accused, where he is convicted or granted judicial pardon or when
security measures are applied to him;
ii) the Attorney General in case of acquittal or conviction;
b) against an order that the proceedings be terminated:
i) the accused, when security measures have been ordered against him;
ii) the Attorney General;
c) against measures concerning personal liberty:
i) the accused:
ii) the Attorney General
d) against a judgement in respect of civil damages;
i) the accused;
ii) the injured party;
e) against the penalties inflicted under the provisions of paragraph 2 of Article 16, a
Counsel who has been so convicted.
3. An appeal shall be allowed on grounds of fact or of law.
Article 228
Courts which may hear Appeals
1. A Court of Appeal shall be competent to hear appeals.
a) The General Appellante Section of the Court of Appeal shall have jurisdiction over:
i) decisions referred to in Article 223;
ii) judgment given by the Criminal Section of a District Court and by the General
Section of a Regional Court and any order by such Sections given at a trial
that the proceedings be terminated;
iii) an order that the case shall not proceed given in the pretrial proceedings in
any Court;
matters laid down in sub-‐paragraphs c) and e) of
paragraph 2 of Article 227.
b) The Assize Section of the Court of Appeal shall have jurisdiction over appeals with
regard to judgements given by the Assize Section of a Regional Court and any order
given by such Assize Section at a trial that the proceedings be terminated.
c) The Military Penal Appellate Section shall have jurisdiction over appeals with regard
to judgements given by a Military Penal Section of a Regional Court and any order
given by such Military Penal Section of a Regional Court at a trial that the
proceedings by terminated.
Article 229
Decisions of the Court of Appeal
1. The Court of Appeal shall:
85
a) if
the
appeal
is
lodged
against
the
decision
specified
in
sub-‐paragraphs
a)
ii),
b)
and
c)
of
Article
228,
decide
on
the
merits
of
the
appeal,
after
conducting
a
hearing
in
accordance
with
the
provisions
of
Section
2
of
this
Chapter,
provided
that,
if
the
Court
of
Appeal
declares
itself
incompetent
to
hear
the
appeal
or
declares
the
judgment
of
the
Court
of
first
instance
to
be
null
and
void,
then
the
Court
of
Appeal
shall
order
that
the
case
be
referred
to
the
Court
competent
to
hear
it;
b) if
the
appeal
is
lodged
against
the
decisions
specified
in
subparagraph
a)
iii)
of
Article
228,
affirm
or
reverse,
deliberating
in
chambers,
in
accordance
with
paragraph
2
of
Article
225,
the
decision
appealed
against.
The
Court
of
Appeal
shall
order,
if
the
decision
has
been
reversed,
that
the
case
be
referred
back
to
the
competent
Court;
c) in
all
other
cases,
decide
on
the
merits
of
the
appeal
deliberating
in
chambers
in
accordance
with
paragraph
2
of
Article
225,
and
shall
either
affirm
or
modify
the
decision
appealed
against.
2. Decision
of
the
Court
of
Appeal
shall
be
made
public:
3. A
copy
of
the
decision
of
the
Court
of
Appeal
shall
be
sent
by
the
Court
Registrar
to
the
Court
against
whose
act
or
judgment
the
appeal
was
taken.
The
decision
of
the
Court
shall
also
be
notified
by
the
Registrar
of
the
Court
to
the
parties
concerned,
in
the
manner
provided
for
in
paragraph
2
of
Article
215,
and
shall
also
be
communicated
to
the
Attorney
General,
if
they
were
not
present
when
the
decision
was
announced.
Section
II
HEARING
OF
THE
APPEAL
Article
230
Procedure
of
Court
of
first
instance
to
apply
to
Court
of
Appeal.
Preliminaries
to
Hearing
of
Appeal
1. Insofar
as
applicable,
the
provisions
relating
to
the
hearing
of
a
case
in
a
Court
of
first
instance
shall
be
followed
in
the
hearing
of
an
appeal.
2. When
an
appeal
has
to
be
heard,
the
President
of
a
Court
of
Appeal
shall:
a) fix
the
date
of
the
hearing;
b) order
the
appearance:
i) of
the
accused
who
appeals,
and
ii) of
an
accused
who
has
not
appealed,
if
the
appeal
has
been
made
by
the
Attorney
General
or
is
made
with
regard
to
one
of
the
cases
provided
for
in
Article
217;
c) appoint
Counsel
for
the
accused
in
the
cases
provided
for
in
sub-‐paragraph
b)
of
paragraph
2
of
Article
14
of
the
Law
on
the
Organization
of
the
Judiciary,
when
the
accused
is
without
Counsel.
The
Court
shall
arrange
to
inform
the
accused
and
his
Counsel
of
such
appointment;
d) order
that
the
injured
party
be
summoned
to
appear
before
the
Court,
if
the
injured
party
or
the
accused
has
appealed
against
the
judgement
concerning
civil
damages;
e) order
that
the
Attorney
General
be
duly
notified.
3. The
date
of
the
hearing
shall
be
notified
to
the
accused
and
wrote
to
the
notice
of
this
Counsel
and
of
the
Attorney
General
at
least
15
days
before
the
hearing.
4. Insofar
as
applicable,
the
provisions
of
paragraph
5
Article
80
and
of
Article
89
shall
be
observed.
86
Article
231
Hearing
of
the
Appeal
1. After
the
opening
of
the
hearing
of
the
appeal,
first
the
appellant
shall
explain
the
grounds
for
his
appeal,
then
the
other
party
shall
be
given
the
opportunity
to
reply.
Both
parties
may
make
comments
and
observations,
raising
objections
and
presenting
requests
and
petitions
which
they
deem
pertinent,
and
expressing
their
views
on
the
points
of
fact
and
law,
which
in
their
opinion
the
Courts
should
accept.
The
right
to
reply
shall
be
exercised
only
with
the
consent
of
the
Court.
If
an
appeal
has
been
made
in
the
same
case
by
both
the
accused
and
the
Attorney
General,
the
appeal
of
the
accused
shall
be
heard
last.
Insofar
as
applicable,
the
provisions
of
Article
119
shall
apply.
2. If
the
appeal
is
against
a
conviction
or
an
acquittal
and
the
Court
does
not
consider
itself
able
to
reach
a
decision
upon
the
available
evidence,
the
Court
may,
even
on
its
own
motion,
order:
a) the
re-‐hearing
before
it,
in
whole
or
in
part,
of
the
trial;
b) the
examination
of
witnesses
heard
in
the
trial
of
first
instance,
who
may
testify
even
with
respect
to
matters
not
previously
considered;
c) the
taking
of
new
evidence;
d) the
re-‐hearing
of
expert
witnesses.
3. If
the
appeal
is
against
an
order
that
the
proceedings
be
terminated
and
the
Court
of
Appeal
considers
that
there
are
valid
grounds
for
the
appeal,
the
Court
of
Appeal
shall
set
aside
the
impugned
order
and
shall
either
try
the
case
itself,
in
accordance
with
the
provisions
of
Book
Two
of
this
Code,
or
remand
the
case
for
trial
to
the
Court
which
passed
the
impugned
order.
CHAPTER
III
Appeals
to
the
Supreme
Court
Article
232
Matters
against
which
Appeal
may
be
made
to
the
Supreme
Court
1. In
addition
to
cases
established
by
special
provision,
and
subject
to
the
provisions
of
Chapter
1
of
this
Part,
an
appeal
may
be
lodged
with
the
Supreme
Court:
a) by
the
parties
specified
in
paragraph
2
of
Article
227
against
any
acts
and
decisions
referred
to
therein
when
handed
down
by
a
Court
of
second
instance;
b) by
the
accused
or
by
the
Attorney
General
against
any
other
decision
handed
down
in
an
appellate
proceedings,
or
against
any
other
decision
concerning
which
appeal
to
the
Court
of
Appeal
is
not
permissible.
2. An
appeal
shall
be
admissible
only
on
the
following
questions
of
law:
a) lack
of
jurisdiction
or
incompetence
of
the
lower
Court;
b) violation
or
erroneous
application
of
legal
provisions;
c) nullity
of
the
judgement
or
the
proceedings;
d) omission,
insufficiency
or
contradiction
in
the
grounds
on
which
the
judgement
is
based,
relating
to
a
material
point
raised
by
either
party
or
by
the
Court
on
its
own
motion.
Article
233
87
Decision by the Supreme Court
1. The Supreme Court, depending on the particular case, shall decide in one of the following ways:
a) if the appeal is against a judgement, it shall, after a hearing in open Court, in
accordance with Article 234:
i) reject the appeal and make any necessary correction in any errors of law in
the grounds given and error in the provisions of law referred to in the
judgement, provided that such errors did not influence the dispositive part of
the judgment;
ii) set aside the judgement appealed against and remand the case to the
competent Court;
iii) set aside the judgement appealed against without remanding the case to any
other Court in those cases in which a sentence of conviction could not have
been passed or in which no criminal proceedings could have been started or
continued;
iv) set aside in whole or in part the judgement appealed against; where no
additional evidence is required, decide on the merits and, where additional
evidence is required, remand the case to the Court that pronounced the
judgement appealed against;
b) if an appeal is against an order issued during the trial that the proceedings be
terminated, the Court shall, after a hearing in open Court, in accordance with Article
234:
i) reject the appeal;
ii) set aside the order appealed against, insofar as applicable, observe the
provisions of the preceding sub-‐paragraph;
c) in every other case, it shall proceed in the manner laid down in the preceding sub-‐
paragraph, reaching its decision in chambers, in accordance with paragraph 2 of
Article 225.
2. Judgements of the Supreme Court shall be drawn up in writing by the President of the Court
or by another member of the Bench.
3. The provisions of paragraphs 2 and 3 of Article 229 shall apply, insofar as applicable.
Article 234
Hearing of the Appeal in open Court
When the appeal is to be heard in open Court, the provisions of Article 230 and of paragraph 1 of
Article 231 shall be observed, insofar as applicable.
Article 235
Appeal against Decisions given by a Court re-‐hearing a case
Remanded by the Supreme Court
1. The Court to which a case has been remanded for re-‐hearing shall comply with the findings
of the Supreme Court with respect to all questions decided by it.
2. When a Court re-‐hears a case remanded to it by the Supreme Court, an appeal may be
lodged against the new judgment only with respect to those parts which have not already been decided by
the Supreme Court. But an appeal may also be lodged when the Court which re-‐hears the case fails to
comply with the provisions of the preceding paragraph.
Article 236
88
No Appeal to lie against Decision of the Supreme Court
No appeal shall lie against any decision of the Supreme Court with regard to criminal matters.
89
CHAPTER
IV
Revision
Article
237
Cases
Subject
to
Revision
When
a
conviction
has
become
final,
and
even
when
the
punishment
has
been
served
or
has
become
extinct,
revision
may
be
allowed
in
favor
of
the
convicted
person
at
any
time
with
regard
to
those
cases
coming
within
the
provisions
of
Article
238.
Article
238
Instances
in
which
a
Case
is
subject
to
Revision
1. Revision
may
be
sought:
a) if
after
the
conviction
new
facts
or
new
evidence
have
occurred
or
been
discovered,
which
either
separately
or
in
connection
with
facts
or
evidence
already
considered
at
the
trial,
clearly
establish
that
the
offence
was
not
committed
or
that
it
was
not
the
accused
who
committed
it;
b) if
it
is
shown
that
the
conviction
was
the
result
of
some
false
act
or
document
or
the
result
of
another
act
which
the
law
considers
an
offence,
provided
that
a
final
conviction
has
been
pronounced
as
a
result
of
such
false
acts
or
documents
or
such
other
offence;
c) if
the
findings
on
which
the
conviction
is
based
are
incompatible
with
those
of
another
final
penal
conviction.
2. Every
petition
for
re-‐trial
shall
be
based
on
facts
or
evidence
which,
if
established,
demonstrate
that:
a) an
offence
was
not
committed,
or
that,
if
it
was
committed,
it
was
not
the
accused
who
committed
it,
or
b) there
was
no
evidence
whatsoever
that
an
offence
was
committed
or
that,
if
it
was
committed,
it
was
not
the
accused
who
committed
it.
Otherwise
the
petition
shall
not
be
admissible.
1. sult
of
a
revision
proceedings
may
submit
an
application
to
the
Supreme
Court
for
the
payment
of
damages
by
the
State.
2. The
Supreme
Court
shall
decide
in
chambers
on
whether
damages
should
be
granted
and
on
the
amount.
The
Court
shall
take
into
account
the
material
and
moral
damages
suffered
by
the
convicted
person
as
a
consequence
of
the
judgement
set
aside.
3. The
State
may
recover
costs,
within
the
limits
of
the
law,
from
any
person
who
with
criminal
intent
caused
the
wrongful
conviction.
Article
244
Appeal
against
Judgement
in
a
Remanded
Proceedings
1. The
Attorney
General
may
appeal
against
a
judgment
of
acquittal
given
by
a
Court
to
which
a
case
has
been
remanded.
90
2. There
shall
be
no
appeal
against
a
judgement
of
conviction
by
the
Court
referred
to
in
paragraph
1.
3. In
all
cases,
a
petition
for
another
revision
proceedings
may
be
made
if
the
application
is
based
on
different
facts
and
evidence.
91
PART
II
EXECUTION
CHAPTER
I
General
Provisions
Article
245
Territorial
Enforcement
of
Sentences
and
other
Measures
passed
by
Courts
Any
sentence
or
other
measures
passed
by
a
Court
with
regard
to
criminal
matters
may
be
executed
in
any
part
of
the
Republic.
Article
246
Enforcement
of
Judgment
and
of
an
Order
that
Proceedings
be
Terminated
1. The
judgement
of
a
Court
shall
be
executed
when
it
becomes
final
or
when
the
law
permits
its
provisional
execution.
2. A
judgement
is
final
when
no
appeal
other
than
an
application
for
revision
can
be
lodged
against
it.
3. When
an
appeal
can
be
lodged
against
a
judgement,
the
judgement
shall
become
final
from
the
day
on
which
the
time-‐limit
for
appeal
expires,
when
no
appeal
has
been
lodged
within
such
time-‐limit.
4. In
cases
in
which
appeal
is
allowed
to
the
Supreme
Court,
a
judgment
shall
become
final
from
the
day
on
which:
a) an
appeal
against
the
decision
of
the
Court
of
Appeal
which
declared
the
appeal
to
be
inadmissible
has
been
rejected;
b) an
appeal
has
been
declared
inadmissible
or
has
been
rejected.
5. A
judgement
of
acquittal
shall
be
executed
immediately
after
being
pronounced.
6. A
judgment
of
conviction
shall
be
executed
within
5
days
from
the
day
on
which
the
authority
charged
with
the
execution
of
the
judgement
receives
notice
that
the
judgement
has
become
final.
However,
if
the
judgment
provides
for
the
release
of
the
accused,
such
accused
shall
be
released
immediately.
7. Insofar
as
applicable
the
provisions
of
this
Article
shall
also
be
observed
with
respect
to
an
order
that
proceedings
be
terminated.
8. A
petition
for
an
extension
of
the
time-‐limit
to
lodge
an
appeal
made
in
accordance
with
the
provisions
of
paragraph
2
of
Article
214
shall
not
operate
as
a
stay
of
the
execution
of
sentence;
unless
a
competent
Court
order
otherwise.
Article
247
Rules
governing
Execution
The
executions
of
judgments
shall
be
governed
by
the
provisions
of
this
Code
and
by
the
provisions
of
the
Penal
Code.
92
CHAPTER
II
Execution
of
Punishments
Articles
248
Execution
of
Death
Sentence
1. When
a
sentence
of
death
has
become
final,
the
Attorney
General
shall
urgently
inform
the
Supreme
Court
and
the
Minister
of
Grace
and
Justice.
2. The
Supreme
Court,
having
received
the
records
of
the
trial
concerned,
shall
order
the
execution,
fixing
the
date,
time
and
place,
and
shall
send
such
order
to
the
Attorney
General.
3. A
death
sentence
shall
be
carried
out
by
shooting
and
shall
be
executed
by
members
of
the
Prison
Guards.
The
death
sentence
shall
not
be
executed
in
Public,
unless
the
Minister
of
Grace
and
Justice
provides
otherwise.
At
the
execution
there
shall
be
present
a
representative
of
the
Attorney
General,
a
medical
officer
appointed
by
him,
and
a
Minister
of
the
religion
practiced
by
the
convicted
person
if
he
so
requests.
4. A
special
record
shall
be
made
by
the
representative
of
the
Attorney
General
of
anything
which
the
condemned
man
said,
of
the
execution
and
of
the
medical
certificate
that
death
took
place.
5. A
death
sentence
shall
be
postponed:
a) when
a
petition
for
mercy
has
been
submitted
and
until
such
time
as
a
decision
is
reached
on
the
petition;
b) against
a
pregnant
woman
as
long
as
she
is
pregnant;
c) against
a
women
who
has
given
birth
to
a
child
less
than
one
year
previously,
unless
the
child
has
died,
or
has
been
entrusted
to
the
care
of
another
person
and
birth
occurred
more
than
two
months
previously.
Article
249
Execution
of
Sentence
of
Imprisonment
1. When
a
judgement
sentencing
a
person
to
imprisonment
has
become
final,
the
President
of
the
Court
that
pronounced
judgement
in
the
first
instance
shall
issue
an
order
of
imprisonment
against
the
convicted
person,
and
shall
send
such
order
together
with
a
copy
of
the
judgment
to
the
Attorney
General
for
execution.
If
the
convicted
person
is
already
in
detention,
a
copy
of
the
order
of
imprisonment
shall
also
be
sent
to
the
authority
detaining
such
convicted
person.
2. An
order
of
imprisonment
shall
indicate:
a) the
type
and
the
length
of
the
term
of
imprisonment;
b) the
date
on
which
the
convicted
person
shall
be
released
without
any
further
order,
unless
he
is
to
be
detained
for
another
reason.
3. the
President
of
the
Court
may
order
that
a
sentence
of
imprisonment
be
suspended
in
the
cases
coming
within
the
provisions
of
paragraph
2
of
Article
44,
until
such
time
as
the
reasons
for
the
suspension
are
no
longer
valid.
Article
250
Execution
of
Fines
93
1. When
a
judgement
sentencing
a
person
to
a
fine
has
become
final,
the
President
of
the
Court
that
pronounced
judgment
in
the
first
instance
shall
issue
an
order
for
payment
against
the
convicted
person
and
shall
send
such
order
for
execution
to
the
Attorney
General,
together
with
a
copy
of
the
judgment.
2. The
order
for
payment
shall:
a) indicate
the
form
of
the
fine
and
the
amount
to
be
paid;
b) indicate
the
time-‐limit
within
which
payment
must
be
made
to
the
state
treasury;
c) contain
a
warning
that,
if
the
fine
is
not
paid,
it
shall
be
collected
in
the
manner
laid
down
for
the
execution
of
civil
judgements.
3. the
President
of
the
Court,
upon
a
request
from
the
convicted
person,
may
order
that
the
fine
be
paid
by
installments.
4. In
cases
where
the
convicted
person
is
unable
to
pay
the
fine,
the
President
of
the
Court
shall
order
conversion
of
the
fine
into
imprisonment,
in
accordance
with
the
conversion
rate
laid
down
in
Article
112
of
the
Penal
Code
and
may
issue
an
order
of
imprisonment
in
accordance
with
Article
249.
Article
251
Detention
prior
to
Judgment
1. A
period
of
imprisonment
undergone
prior
to
a
judgment
becoming
final
shall
be
deducted
from
the
overall
sentence
of
imprisonment;
where
the
sentence
is
one
of
a
fine,
an
amount
corresponding
to
such
period
of
imprisonment
shall
be
deducted
from
the
total
fine.
2. When
a
case
is
heard
abroad
and
is
re-‐heard
in
the
Somali
Republic,
the
punishment
served
abroad
shall
always
be
deducted
from
any
punishment
inflicted
by
a
Court
in
the
Somali
Republic,
taking
into
account
the
form
of
such
punishment
served
abroad;
if
a
person
has
been
in
detention
prior
to
judgment
abroad,
the
provisions
referred
to
in
the
preceding
paragraph
shall
apply.
Article
252
Execution
of
Accessory
Penalties
1. Insofar
as
applicable,
the
provisions
of
this
Chapter
shall
apply
to
the
execution
of
accessory
penalties.
2. The
following
periods
shall
not
be
deducted
from
accessory
penalties:
a) the
period
of
time
during
which
a
convicted
person
is
serving
a
sentence
of
imprisonment;
b) the
period
during
which
the
convicted
person
was
subject
to
detention
as
a
security
measure;
c) any
period
during
which
the
convicted
person
willfully
avoided
the
execution
of
imprisonment
or
a
security
measure.
Article
253
Revocation
of
Conditional
Suspended
Sentence
and
of
other
Benefits
1. Revocation
of
conditional
suspended
sentence
shall
be
carried
out
in
the
form
laid
down
for
enforcement
measures
by
the
President
of
the
Court
that
pronounced
judgment
in
the
first
instance
or
by
the
Court
which
later
pronounced
a
sentence
of
conviction,
in
the
cases
laid
down
in
paragraph
2
of
Article
127.
2. In
the
same
way,
the
following
measures
shall
be
revoked:
94
a) the benefit of conditional release in the cases indicated in sub-‐paragraph a) of
paragraph 2 of Article 127;
b) any amnesty, conditional pardon or indult, whenever the convicted person fails to
comply with any of the required conditions or obligations.
3. Revocation of the benefit of conversion of a sentence of imprisonment to a fine shall be
ordered in the manner laid down for enforcement measures by the President of the Court who pronounced
judgement in the first instance, in the cases laid down in paragraph 3 of Article 125.
4. Insofar as applicable, the provisions of paragraphs 2 and 3 of Article 223 shall apply.
CHAPTER III
Extinction of Offence and Punishment
Article 254
Declaration of Extinction of Offence or Punishment
1. Whenever, after conviction, an offence or punishment becomes extinct, the President of the
Court which pronounced sentence in the first instance shall declare the offence or the punishment to be
extinct, taking all necessary measures which result from such extinction.
2. Insofar as applicable, the provisions of paragraphs 2 and 3 of Article 223 shall apply.
Article 255
Measures relating to Pardon and Conditional Release
1. An appeal for pardon or for conditional release shall be addressed to the President of the
Republic and sent to the Attorney General.
The appeal shall be signed:
a) by the convicted person,
b) by a “descendant”, “ascendant” or spouse of the convicted person.
2. pardon or conditional release shall be granted by decree of the President of the Republic,
having heard the Minister of Grace and Justice and the Attorney General.
3. Insofar as possible, the provisions of Article 254 shall apply with regard to the
implementation of the decree.
Article 256
Rehabilitation after Conviction
1. In the cases indicated in Article 153 of the Penal Code, rehabilitation shall be granted, at the
request of the convicted person, by an order from the Court of Appeal, having heard the Attorney General.
2. If rehabilitation is not granted because the convicted person has not given proof of good
conduct, a petition for rehabilitation may only be submitted again after a period of 2 years from the
submission of the previous petition.
3. Rehabilitation shall be revoked by the President of the Court of Appeal that granted it or by
the Court which pronounced a subsequent conviction in the cases referred to in Article 154 of the Penal
Code.
95
4. Insofar
as
applicable,
the
provisions
of
paragraphs
2
and
3
of
Article
223
shall
apply.
CHAPTER
IV
Matters
Arising
in
Execution
Article
257
Competence
in
Matters
arising
in
Execution
The
President
of
a
competent
Court
who
has
the
power
to
enforce
any
order
or
other
measures
shall
also
have
the
power
to
decide
on
all
matters
arising
in
the
course
of
the
execution
thereof.
Article
258
Proceedings
relating
to
Matters
arising
in
Execution
1. Matters
relating
to
execution
may
be
raised
by
the
Attorney
General
or
the
party
concerned.
2. The
President
of
the
Court
shall
decide
on
such
matters
after
granting
the
interested
parties
reasonable
time
to
present
their
arguments,
petitions
and
defenses
in
writing.
3. Insofar
as
applicable,
the
provisions
of
paragraphs
2
and
3
of
Article
223
shall
apply.
CHAPTER
V
Execution
of
Security
Measures
Article
259
Application,
Modification,
Substitution
and
Revocation
of
Security
Measures
1. Security
measures
shall
be
ordered
by
a
Court
together
with
the
judgment
of
conviction
or
the
order
that
proceedings
be
terminated.
2. In
the
cases
referred
to
in
paragraph
2
of
Article
165
of
the
Penal
Code,
security
measures
shall
be
applied,
at
the
request
of
the
Attorney
General,
in
the
manner
provided
for
matter
arising
in
execution,
by
the
President
of
the
Court
which
has
passed
the
judgement
of
conviction
or
the
order
that
proceedings
be
terminated.
3. Insofar
as
applicable,
the
provisions
of
paragraphs
2
and
3
of
Article
223
shall
apply.
CHAPTER
VI
Criminal
Records
Article
260
Criminal
Records
Office
1. There
shall
be
one
unified
Criminal
Records
Office,
which
shall
be
a
section
of
the
Headquarters
of
the
Police
Force.
It
shall
be
under
the
immediate
direction
and
supervision
of
the
Attorney
General.
96
2. In
the
Criminal
Records
Office,
there
shall
be
kept
extracts
of
orders
or
other
measures
referred
to
in
articles
261
and
262,
given
by
a
Court
of
the
Somali
republic,
as
well
as
by
foreign
Courts
which
have
been
recognized
in
accordance
with
law.
3. Extracts
of
orders
or
other
measures
concerning
foreign
or
stateless
persons
shall
be
kept
separately
in
the
Criminal
Records
Office.
Article
261
Orders
relating
to
Criminal
Proceedings
to
be
recorded
In
the
Criminal
Records
Office
1. In
the
Criminal
Records
Office
there
shall
be
recorded
extracts
of:
a) convictions
which
have
become
final;
b) orders
which
grant
or
revoke
rehabilitation;
c) any
other
measures
relating
to
the
application,
modification
or
revocation
of
punishments,
security
measures
and
benefits
provided
by
law.
2. There
shall
not
be
recorded
in
the
Criminal
Records
Office
convictions
for
contravention
for
which
it
is
permissible
to
pay
the
fine
to
the
administrative
authorities
or
which
may
be
compounded.
Article
262
Civil
and
Administrative
Matters
to
be
Recorded
1. In
the
Criminal
Records
Office
there
shall
also
be
recorded
abstracts
of:
a) as
regards
civil
matters:
i) final
judgments
declaring
partial
or
total
incapacity
or
final
judgments
revoking
such
declaration;
ii) orders
issued
by
a
Civil
Court
for
the
committal
of
a
person
to
a
mental
hospital
or
for
the
revocation
of
such
order;
iii) judgment
of
bankruptcy;
b) administrative
orders
relating
to
the
loss
of
citizenship
and
to
the
expulsion
of
aliens.
Article
263
Record
Cards
1. Abstracts
of
the
orders
or
judgments
referred
to
in
the
preceding
Articles
shall
be
recorded
on
appropriate
cards
by
the
Registrar
of
the
Court
in
which
the
judgement
or
order
became
final
or,
in
the
case
of
appeal,
by
the
Registrar
of
the
Court
which
decided
the
matter
in
the
final
instance.
2. A
separate
record
card
shall
be
maintained
for
each
person
and
for
each
proceedings.
If
a
person
has
been
convicted
of
more
than
one
offence,
a
separate
reference
shall
be
made
on
the
card
for
each
such
offence
in
the
order
followed
in
the
judgements
or
orders.
3. For
record
purposes,
the
Registrar
shall
use
a
form,
to
be
provided
by
the
Police,
containing
the
fingerprints
of
the
person
concerned.
4. The
record
shall
be
prepared
not
later
than
10
days
after
the
order
or
judgment
has
become
final.
A
reference
shall
be
made
on
the
original
of
the
order
or
judgement
that
the
matter
has
been
recorded
in
the
Criminal
Records
Office.
97
Article
264
Forwarding
of
the
Record
Card
1. As
soon
as
the
record
card
has
been
completed,
the
Registrar
shall
forward
it
with
an
accompanying
note
to
the
Criminal
Records
Office
where
the
note
shall
be
singed
and
returned
to
the
Registrar
as
a
receipt.
2. If
the
person
to
whom
the
record
refers
has
no
previous
convictions,
the
Registrar
shall
prepare
and
send
a
second
copy
of
the
record
card.
3. If
the
record
refers
to
an
alien,
the
Registrar
shall
prepare
and
transmit
another
copy
of
the
record
card,
which
will
then
be
sent
to
the
Government
of
the
country
of
which
the
alien
is
a
citizen,
in
accordance
with
international
conventions
or
by
way
of
reciprocity.
Article
265
Maintenance
of
the
Record
Cards
1. The
record
card,
as
soon
as
it
is
received
by
the
Criminal
Records
Office,
shall
be
registered
in
the
Register
maintained
for
this
purpose.
2. If
the
record
card
refers
to
a
person
who
has
no
previous
convictions,
the
Criminal
Records
Office
shall
place
one
of
the
copies
of
the
card
in
a
file
indicated
the
personal
details
of
the
person
concerned,
his
fingerprint
classification,
the
serial
number
of
the
file,
and
a
reference
to
the
record
card.
The
other
copy
of
the
record
card
shall
be
kept
by
the
fingerprint
archives.
The
Criminal
Records
Office
shall
also
prepare
an
index
card
containing
personal
details
of
the
person,
his
fingerprint
classification
and
the
number
of
his
file.
Such
cards
also
shall
be
maintained
in
appropriate
filing
cabinets
in
alphabetical
order.
3. If
the
record
card
refers
to
a
person
who
has
previous
convictions,
it
shall
be
put
in
such
person’s
existing
file,
after
having
made
the
necessary
reference
on
the
file
cover.
Article
266
Destruction
of
Criminal
Records
1. Criminal
records
of
a
person
shall
be
destroyed
upon
official
notification
of
such
persons’
death
or
after
80
years
from
the
date
of
birth
of
such
person.
2. The
following
criminal
records
shall
also
be
destroyed:
a) those
that
record
an
order
or
judgment
that
has
already
been
duly
recorded;
b) criminal
records
incorrectly
attributed
to
another
person
as
a
result
of
mistaken
or
false
identification
of
the
person
concerned
or
as
a
result
of
an
error
in
the
record
of
the
Court
proceedings,
provided
that
the
judgment
or
order
on
the
basis
of
which
the
record
has
been
made
has
been
corrected
by
a
subsequent
decision.
3. The
Officer-‐in-‐Charge
of
the
Criminal
Records
Office
shall
remove
each
month
all
record
cards
from
the
office
which
are
due
to
be
destroyed,
making
a
reference
to
the
card
in
the
appropriate
register.
Article
267
Certificate
to
be
issued
to
a
Public
Authority
98
1. A
judicial
Authority
shall
have
the
right
to
obtain,
for
judicial
purposes,
a
certificate
showing
the
criminal
record
concerning
any
person.
2. The
Public
Authorities
shall
have
the
same
right
when
a
criminal
record
certificate
is
required
for
official
purposes
in
respect
of
the
person
concerned.
Article
268
Certificates
issued
to
private
Persons
Without
having
to
give
any
reason
therefor,
a
person
shall
have
the
right
to
obtain
a
criminal
records
certificate
concerning
him
from
the
Criminal
Records
Office.
Article
269
Entries
no
to
be
Recorded
on
a
Certificate
issued
to
a
Private
Person
In
a
criminal
record
certificate
issued
to
a
private
person
upon
his
own
request,
no
mention
shall
be
made:
a) of
convictions
in
the
following
cases:
i) when
a
conviction
has
been
set
aside,
and
the
accused
acquitted
in
revision
proceedings;
ii) when
the
person
concerned
had
not
yet
attained
eighteen
years
of
age
at
the
time
he
committed
an
offence
for
which
he
was
convicted
to
a
fine
or
imprisonment
alone
or
jointly
with
another
punishment,
not
exceeding
6
months’
imprisonment
for
a
crime
or
one
year’s
imprisonment
for
a
contravention,
provided
the
person
concerned
has
not
been
subsequently
convicted
to
imprisonment;
iii) when
an
offence
of
which
a
person
was
convicted
has
been
declared
extinct
or
when
the
person
has
been
rehabilitated
and
such
rehabilitation
has
not
been
subsequently
revoked;
b) of
any
measures
referred
to
in
Article
262.
Article
270
Requests
for
and
Issue
of
Criminal
Record
Certificates
1. A
request
for
a
criminal
record
certificate
shall
be
addressed
to
the
Criminal
Records
Office.
In
the
request
there
shall
be
shown
the
name
of
the
person
concerned,
the
names
of
his
father
and
mother,
the
date
and
place
of
his
birth
and
any
other
details
which
may
identify
such
person
including,
when
necessary,
his
fingerprints.
2. A
certificate
shall
be
issued
by
the
Officer-‐in-‐Charge
of
the
Criminal
Records
Office.
If
no
criminal
records
exist
concerning
a
person
in
the
Criminal
Records
Office,
or
if
there
are
only
such
records
as
are
prohibited
by
law
from
being
disclosed,
the
Officer-‐in-‐Charge
shall
write
on
the
certificate
the
word
“Nil”.
Otherwise
the
Officer-‐in-‐Charge
shall
write
on
the
certificate
details
of
matters
recorded
concerning
such
person
in
chronological
order.
When
entering
the
record
of
criminal
convictions,
besides
mention
of
the
date
and
of
the
Court
which
pronounced
the
sentence
there
shall
also
be
shown
the
type
of
offence,
the
fine
or
imprisonment
inflicted,
any
accessory
penalty,
and
security
measures
and
any
benefits
which
may
have
been
granted.
The
Officer-‐in-‐Charge
of
the
Criminal
Records
Office
shall
also,
in
such
certificate,
show
the
date
of
issue,
affix
his
signature
and
the
stamp
of
the
Criminal
Records
Office,
and
make
a
note
of
the
issue
in
the
appropriate
register.
99
3. A
certificate
issued
by
the
Criminal
Records
Office
to
a
private
person
upon
request
shall
be
written
on
stamped
paper.
If
a
certificate
issued
by
the
Criminal
Records
Office
requires
authentification,
the
signature
of
the
Officer-‐in-‐Charge
shall
be
authentificated
by
the
Attorney
General.
Article
271
Disputes
regarding
Entries
and
Criminal
Records
Certificates
In
case
of
any
dispute
regarding
any
matter
arising
out
of
the
preceding
articles,
or
if
correction
of
any
records
or
certificates
issued
by
the
Criminal
Records
Office
is
requested
by
any
person,
the
Attorney
General
shall
make
a
decision
upon
such
matters
on
request
of
the
person
concerned.
If
the
person
concerned
wishes
to
contest
any
decision
by
the
Attorney
General,
he
shall
have
the
right
to
do
so
as
a
matter
arising
out
of
execution.
CHAPTER
VII
Effect
of
Criminal
Proceedings
on
Civil,
Administrative
and
Disciplinary
Proceedings
Article
272
Suspension
of
Civil,
Administrative
or
Disciplinary
Proceedings
If
a
criminal
proceedings
are
instituted
against
a
person,
and
the
result
of
such
proceedings
may
affect
a
civil,
administrative
or
disciplinary
proceeding,
the
latter
shall
be
suspended,
unless
it
is
provided
otherwise
by
law,
until
the
judgement
in
the
criminal
proceedings
or
the
order
that
criminal
proceedings
be
terminated
ahs
become
final
or
until
an
order
that
the
case
be
closed
has
been
issued.
Article
273
Relations
between
Criminal
Proceedings
and
Civil
Action
No
civil
or
administrative
action
may
be
initiated,
continued
or
brought
up
again
where,
in
the
course
of
a
criminal
proceeding,
a
Court
has
declared
that:
a) the
act
was
not
committed;
b) the
accused
did
not
commit
it;
c) the
act
was
committed:
i) in
the
fulfillment
of
a
duty,
or
ii) ii)in
the
exercise
of
a
lawful
right;
d) there
was
not
sufficient
evidence
to
prove
that:
i) the
act
was
committed,
or
ii) the
accused
committed
it.
Article
274
Effect
of
Judgment
in
Criminal
Proceedings
1. In
a
civil
or
administrative
proceeding
for
the
restitution
of,
or
compensation
for,
damages,
a
final
conviction
or
a
final
judgment
of
acquittal,
and
a
final
order
that
proceedings
be
terminated,
shall
have
the
authority
of
res
judicata
as
regards:
a) the
question
of
whether
or
not
the
act
was
committed;
b) the
lawfulness
or
unlawfulness
of
the
act;
c) the
responsibility
of
the
accused.
A
final
judgement
in
a
criminal
proceedings
granting
judicial
pardon
shall
also
have
the
authority
of
res
judicata
as
regards
a
civil
or
administrative
proceeding.
100
2. Apart
from
the
cases
mentioned
in
the
preceding
paragraph,
the
decisions
referred
to
therein
shall
also
have
the
authority
of
res
judicata
in
civil,
administrative
or
disciplinary
proceedings
when
the
dispute
relates
to
a
right
the
recognition
of
which
depends
on
the
ascertainment
of
facts
which
were
in
issue
in
the
criminal
proceeding.
101
BOOK
FIVE
JUDICIAL
RALATION
WITH
FOREIGN
AUTHORITIES
FINAL
PROVISIONS
PART
I
JUDICIAL
RELATIONS
WITH
FOREIGN
AUTHORITIES
CHAPTER
I
General
Provisions
Article
275
General
Rules
1. Extradition
may
only
be
granted
subject
to
prior
international
convention,
in
accordance
with
the
provisions
of
such
convention;
and,
when
no
provision
is
made
therein,
in
accordance
with
the
provisions
of
this
Part.
2. International
letters
rogators
on
criminal
matter,
recognition
of
foreign
criminal
judgments
and
other
relations
with
foreign
judicial
authorities
regarding
criminal
matters
shall
be
governed
by
international
conventions
and
customs
and,
where
no
provisions
is
made
therein,
in
accordance
with
the
rules
of
this
Part.
CHAPTER
II
International
Letters
Rogatory
Article
276
102
Letters Rogatory to foreign Judicial Authorities
1. Letters rogatory to foreign judicial authorities regarding evidence to be taken in a foreign
country shall be transmitted through diplomatic channels.
2. In urgent cases, the Court may transmit such request directly to Diplomatic and Consular
Agents of the Republic in a foreign country, informing the Ministry of Grace and Justice.
3. Summons to a witness resident in a foreign country shall be transmitted in the same way.
Article 277
Letters Rogatory from foreign Judicial Authorities
1. Letters Rogatory from foreign judicial authorities regarding evidence to be taken within the
territory of the Somali Republic shall become executory by order of the President of the Court of Appeal,
after having heard the Attorney General, provided that the taking of such evidence is not contrary to the
general principles of law of the State.
The President of the Court of Appeal shall either take the evidence himself or direct that it be
taken by the Regional or District Court within whose jurisdiction the necessary action has to be taken.
2. A summons to witnesses resident within the territory of the Somali Republic, requested by
foreign judicial authorities, shall be served directly by the Attorney General.
3. Evidence shall be taken and summonses shall be served in conformity with the general
provisions of this Code.
CHAPTER III
Extradition
Article 278
Powers of the Minister of Grace and Justice in relation to Extradition
1. The Minister of Grace and Justice shall be empowered to offer or grant the extradition of a
person accused or convicted in a foreign country in cases where extradition is not prohibited under Article
11 of the Penal Code, and he shall establish the precedence when extradition is requested by more than
one foreign country.
2. An offer or grant of extradition shall always be made subject to the condition that the
person to be extradited shall not be tried for a different offence, nor be subject to different punishment,
other than those for which extradition was offered or granted. The Minister of Grace and Justice may also
make the offer or grant of extradition subject to any conditions which he shall deem fit and proper.
Article 279
Judicial guarantees
1. The extradition of an accused or convicted person to a foreign country may be granted only
subject to a favorable decision of the President of the Court of Appeal within whose jurisdiction such
person is found, having heard the Attorney General and the person to be extradited. The request for
extradition shall be made to the President of the Court of Appeal by the Minister of Grace and Justice.
103
An
order
of
extradition
may
be
appealed
against
to
the
Supreme
Court
both
by
the
accused
or
convicted
person
and
by
the
Attorney
General.
2. In
the
cases
where
the
person
to
be
extradited
has
to
be
arrested,
the
President
of
the
Court
of
Appeal
shall
issue
a
warrant
of
arrest
in
accordance
with
normal
procedure.
3. Such
warrant
of
arrest
shall
be
revoked
automatically
and
the
arrested
person
shall
be
released
if:
a) within
60
days
from
the
date
of
the
arrest,
where
the
request
for
extradition
was
made
by
an
African
State;
or
b) within
90
days
from
the
date
of
the
arrest,
where
the
request
for
extradition
was
made
by
a
State
outside
Africa.
the
Minister
of
Grace
and
Justice
has
not
received
the
documentation
in
support
of
the
request
for
extradition.
Such
time-‐limit
may
be
extended,
at
the
request
of
the
State
which
asks
for
the
extradition,
only
once
and
for
a
period
not
exceeding
one
month.
Such
extension
may
be
granted
by
the
Supreme
Court,
upon
request
by
the
Minister
of
Grace
and
Justice.
Article
280
Procedures
relating
to
Extradition
1. If
the
President
of
the
Court
of
Appeal
decides
that
extradition
shall
not
be
granted,
he
shall
order
that
the
accused
or
convicted
person,
if
he
is
under
arrest,
be
released
immediately.
2. Where,
instead,
the
President
of
the
Court
of
Appeal
decides
that
extradition
be
granted,
the
accused
or
convicted
person
after
the
issue
of
a
warrant
of
arrest,
if
necessary,
shall
be
placed
at
the
disposal
of
the
Authority
which
made
the
request
for
extradition.
3. Extradition
shall
be
suspended
if
the
person
to
be
extradited
has
to
be
tried
in,
or
has
to
serve
a
sentence
in
the
Somali
Republic,
unless
otherwise
decided
by
the
President
of
the
Court
of
Appeal.
Article
281
Extradition
from
a
foreign
Country
1. When
it
is
necessary
to
make
a
request
for
the
extradition
from
a
foreign
country
of
an
accused
or
convicted
person,
the
President
of
the
Court
of
Appeal,
within
whose
jurisdiction
the
criminal
proceedings
took
place
or
such
person
was
convicted,
shall
make
such
request
to
the
Minister
of
Grace
and
Justice,
transmitting
to
him
the
necessary
documentation.
Notice
of
such
request
shall
be
given
to
the
Attorney
General.
2. Request
for
extradition
may
be
made
by
the
Minister
of
Grace
and
Justice
on
his
own
initiative,
informing
the
competent
Court
of
Appeal
and
the
Attorney
General.
CHAPTER
IV
Recognition
of
foreign
Criminal
Judgments
Article
282
104
Request
for
Recognition
of
foreign
Criminal
Judgments
made
by
the
Attorney
General
1. When
a
foreign
judgment
convicting
a
Somali
citizen
in
a
foreign
country
or
a
foreign
or
stateless
person
residing
the
Somali
Republic
is
received
by
the
Minister
of
Grace
and
Justice,
he
shall,
without
delay,
transmit
to
the
Attorney
General
such
judgment
together
with
all
related
documentation.
2. The
Attorney
General,
if
he
deems
it
necessary
to
request
the
recognition
of
such
foreign
judgement
in
the
cases
provided
in
Article
10
of
the
Penal
Code,
shall
make
application
to
the
President
of
the
Court
of
Appeal
within
whose
jurisdiction
the
Criminal
Records
office
is
located.
The
Attorney
General
may,
through
the
Minister
of
Grace
and
Justice,
request
any
details
concerning
the
conviction
which
he
may
deem
proper
from
the
competent
foreign
authority.
Article
283
Request
for
Recognition
of
Foreign
Criminal
Judgment
made
by
Private
Persons
A
person
who
wishes
to
bring
before
a
Court
of
the
Somali
Republic
a
foreign
criminal
judgement
for
the
purpose
of
supporting
a
claim
for
restitution
of,
or
compensation
for,
damages
or
to
other
civil
purposes
as
laid
down
in
sup-‐paragraph
b)
of
paragraph
1
of
Article
10
of
the
Penal
Code,
may
request
recognition
of
such
criminal
judgment
by
filing
an
application
before
the
President
of
the
Court
of
Appeal
within
whose
jurisdiction
the
Criminal
Records
Office
is
located.
Article
284
Form
of
Application
The
application
referred
to
in
Article
282
and
283
shall
contain:
a) the
name
of
the
Court
which
pronounced
the
judgment
for
which
a
request
for
recognition
is
made;
b) the
date
and
the
place
where
the
judgment
was
pronounced;
c) the
reasons
for
which
the
request
for
recognition
is
made.
A
certified
copy
of
the
judgement
shall
be
attached
to
the
application.
Article
285
Procedure
for
Recognition
1. The
President
of
a
Court
of
Appeal
shall
not
grant
recognition
to
a
foreign
criminal
judgment
if:
a) the
convicted
person
was
not
summoned
to
appear
at
the
trail
or
was
not
provided
with
a
defence
Counsel
in
the
cases
in
which,
according
to
Somali
law,
a
defence
Counsel
is
mandatory;
b) the
judgement
has
not
become
final
in
accordance
with
the
law
of
the
State
in
which
it
was
pronounced;
c) the
judgment
contains
any
provisions
which
are
contrary
to,
or
incompatible
with,
any
provisions
of
the
Constitution
of
the
Somali
Republic
or
any
of
the
general
principles
of
the
law
of
the
State.
2. The
President
of
the
Court
of
Appeal
shall
make
his
decision
whether
the
judgment
shall
or
shall
not
be
allowed
following
the
procedure
for
matters
arising
in
execution.
A
part
concerned
or
the
Attorney
General
may
appeal
against
such
decision
to
the
Supreme
Court.
105
3. After
recognition
of
such
judgment
has
been
allowed,
the
Registrar
of
the
Court
of
Appeal
shall
send
brief
details
of
the
Court’s
decision
to
the
Criminal
Records
Office.
4. If
no
mention
is
made
in
the
decision
allowing
recognition
of
the
judgment
with
regard
to
anything
that
may
be
done
as
a
result
of
such
decision
and
if
no
mention
is
made
regarding
any
security
measures
which
may
be
applied,
the
President
of
the
Court
may
order
such
provisions
later,
upon
the
request
of
the
Attorney
General,
following
the
procedure
for
matters
arising
in
execution.
Article
286
Recognition
of
Civil
Provisions
contained
in
Criminal
Judgement
in
foreign
Countries
1. Civil
provisions
contained
in
a
criminal
judgment
in
a
foreign
country
which
provide
for
restitution,
or
compensation
for
civil
damages
may
be
recognized
and
enforced
in
the
territory
of
the
Somali
Republic.
2. Recognition
and
enforcement
may
be
granted
at
the
instance
of
the
interested
part
at
the
same
time
as
the
decision
referred
to
in
the
preceding
Article
is
passed
by
the
Court.
3. In
other
cases,
the
application
may
be
made
by
whoever
has
an
interest
in
it
to
the
President
of
the
Court
of
Appeal
within
whose
territorial
jurisdiction
the
civil
provisions
contained
in
the
foreign
criminal
judgment
should
be
enforced.
4. Insofar
as
applicable,
the
provisions
of
paragraphs
1,2
and
3
of
the
preceding
Article
shall
apply.
PART
II
FINAL
PROVISIONS
Article
287
Power
to
Issue
Regulations
The
Minister
of
Grace
and
Justice
may
issue
the
necessary
regulations
for
the
implementation
of
this
Code.
Article
288
Abrogation
The
following
are
hereby
abrogated:
a) a
the
Italian
Criminal
Procedure
Code;
b) the
Criminal
Procedure
Ordinance;
c) the
provisions
regarding
criminal
proceedings
contained
in
the
“Ordinamento
Giudziario”
approved
by
Ordinance
No.
5
of
1956,
and
in
the
Indian
Evidence
Act,
1872;
d) Regulations
regarding
the
Criminal
Records
Office
approved
by
Decree
No.
32
of
1956;
e) Any
other
provision
contrary
to,
or
inconsistent
with,
this
Code.
You might also like
- Oregon Child CustodyDocument7 pagesOregon Child CustodyGracie Allen0% (1)
- US Department of Justice Official Release - 02169-06 Opa 590Document11 pagesUS Department of Justice Official Release - 02169-06 Opa 590legalmattersNo ratings yet
- Assaignment On Law of CrimeDocument25 pagesAssaignment On Law of Crimeparvez1stNo ratings yet
- Idaho Medical Marijuana Act of 2022Document11 pagesIdaho Medical Marijuana Act of 2022Marijuana MomentNo ratings yet
- Land, Tenure and Housing Issues For Conflict-Displaced Populations in GeorgiaDocument84 pagesLand, Tenure and Housing Issues For Conflict-Displaced Populations in GeorgiaUnited Nations Human Settlements Programme (UN-HABITAT)No ratings yet
- In Re: United Healthcare System, Inc., Debtor the Reconstituted Committee of Unsecured Creditors of the United Healthcare System, Inc. v. State of New Jersey Department of Labor, 396 F.3d 247, 3rd Cir. (2005)Document25 pagesIn Re: United Healthcare System, Inc., Debtor the Reconstituted Committee of Unsecured Creditors of the United Healthcare System, Inc. v. State of New Jersey Department of Labor, 396 F.3d 247, 3rd Cir. (2005)Scribd Government DocsNo ratings yet
- Persons 2Document7 pagesPersons 2cdakNo ratings yet
- Unit Viii: Types of Punishment For Crimes. Capital PunishmentDocument16 pagesUnit Viii: Types of Punishment For Crimes. Capital PunishmentЖанна СтецюкNo ratings yet
- USA-Driking WaterDocument7 pagesUSA-Driking WaterWilmer JuarezNo ratings yet
- Access To Information Act 2005Document36 pagesAccess To Information Act 2005businge innocentNo ratings yet
- Crminal Law ContentDocument10 pagesCrminal Law Contentsasyrif08No ratings yet
- Revenge Porn FactsheetDocument2 pagesRevenge Porn FactsheetMiika HyytiäinenNo ratings yet
- Taxation Law 1994-2006Document242 pagesTaxation Law 1994-2006Zina Caidic100% (1)
- The Elements and Stages of A Crime - NotesDocument6 pagesThe Elements and Stages of A Crime - NotesAshish BilolikarNo ratings yet
- Covid-19 Recovery Grants FAQs 021220Document8 pagesCovid-19 Recovery Grants FAQs 021220QNo ratings yet
- Indian ConstitutionDocument38 pagesIndian ConstitutionsinghsinghNo ratings yet
- Banking and Insurance X PDFDocument196 pagesBanking and Insurance X PDFSahida ParveenNo ratings yet
- Scientific Proof of The Presence of The "God Field" Confirmed by CERNDocument4 pagesScientific Proof of The Presence of The "God Field" Confirmed by CERNAkshaya Kumar RathNo ratings yet
- Rental Housing GuideDocument20 pagesRental Housing GuideBenito Moses100% (1)
- Lex Mundi: DISCLAIMER: The Information Contained in This Guide Represents A General Guide ToDocument23 pagesLex Mundi: DISCLAIMER: The Information Contained in This Guide Represents A General Guide ToAsim StevensNo ratings yet
- Ohio Things To DoDocument10 pagesOhio Things To DoNeil HeNo ratings yet
- Determining The Efficacy of Interventions To Improve The Quality of Life For Children With Autism and Their FamiliesDocument8 pagesDetermining The Efficacy of Interventions To Improve The Quality of Life For Children With Autism and Their FamiliesInternational Journal of Innovative Science and Research TechnologyNo ratings yet
- Secret Fed Loans Gave Banks $13 Billion Undisclosed To Congress - BloombergDocument12 pagesSecret Fed Loans Gave Banks $13 Billion Undisclosed To Congress - BloombergMatrica Lietuvoje100% (1)
- Appendix C - Ohio Attorney General Opinions Interpreting Ohio's Public Records ActDocument17 pagesAppendix C - Ohio Attorney General Opinions Interpreting Ohio's Public Records ActMike DeWineNo ratings yet
- CounterfeitingDocument21 pagesCounterfeitingnujahm1639No ratings yet
- Legal LiteracyDocument47 pagesLegal LiteracyVikash Kumar0% (1)
- The Fax 5 PGDocument6 pagesThe Fax 5 PGED CurtisNo ratings yet
- Acton ERAP Application Final Draft 30aug2021 - 202109071701563558Document7 pagesActon ERAP Application Final Draft 30aug2021 - 202109071701563558J&A Partners JANNo ratings yet
- A Drug Test Is A Technical Analysis of A Biological SpecimenDocument9 pagesA Drug Test Is A Technical Analysis of A Biological SpecimenDea SyahnaNo ratings yet
- (HM) Cannabis Laws in MissouriDocument2 pages(HM) Cannabis Laws in MissouriHashim MalikNo ratings yet
- Eleanor Roosevelt - American Politician, Diplomat and ActivistDocument2 pagesEleanor Roosevelt - American Politician, Diplomat and ActivistVictor Flores TantaleánNo ratings yet
- Ohio's Concealed Carry Laws and License Application (June 2022)Document34 pagesOhio's Concealed Carry Laws and License Application (June 2022)Cassie NistNo ratings yet
- Official Secrets Act 1989Document18 pagesOfficial Secrets Act 1989M DobsonNo ratings yet
- Digital Forensic Fundamentals - Chapter 2Document33 pagesDigital Forensic Fundamentals - Chapter 2Rosezh bhandariNo ratings yet
- Difference Between Fundamental Rights and Human RightsDocument6 pagesDifference Between Fundamental Rights and Human RightsvandanaNo ratings yet
- 1st Yr LLB Criminology - Exam NotesDocument54 pages1st Yr LLB Criminology - Exam NotesnamratatNo ratings yet
- Police Powers in CanadaDocument55 pagesPolice Powers in CanadaMarcus ReichfeldNo ratings yet
- Yoko-Forensic ScienceDocument23 pagesYoko-Forensic Scienceaiban khyriemNo ratings yet
- Business LawDocument112 pagesBusiness LawDewanFoysalHaqueNo ratings yet
- Andlord Enant AW: Olding EpositsDocument5 pagesAndlord Enant AW: Olding EpositsRoldan LualhatiNo ratings yet
- Alternative 2 Nursing Home CiteDocument23 pagesAlternative 2 Nursing Home CiteReadstoryNo ratings yet
- The Scam Works Something Like ThisDocument3 pagesThe Scam Works Something Like Thisjason_schneider_16No ratings yet
- Student Loan ForgivenessDocument4 pagesStudent Loan Forgivenessrobert donnellNo ratings yet
- Ombudsman ReportDocument116 pagesOmbudsman ReportSamNo ratings yet
- Bath SaltsDocument5 pagesBath Saltsapi-315107317No ratings yet
- Issues Of: Ccountabilit Y IN Overnmen TDocument52 pagesIssues Of: Ccountabilit Y IN Overnmen TArandha Kusma ClaudiaNo ratings yet
- Stingray: A New Frontier in Police SurveillanceDocument20 pagesStingray: A New Frontier in Police SurveillanceCato InstituteNo ratings yet
- State Organizational DirectoryDocument52 pagesState Organizational DirectoryДрагослав БјелицаNo ratings yet
- Court FormDocument10 pagesCourt FormMaria AlvaradoNo ratings yet
- Major Advance in Slowing Aging by William FaloonDocument12 pagesMajor Advance in Slowing Aging by William FaloongstrohlNo ratings yet
- Unlock the Secret Money-Saving Hacks That Banks Don't Want You to KnowFrom EverandUnlock the Secret Money-Saving Hacks That Banks Don't Want You to KnowNo ratings yet
- Unified Communications and Collaboration UCC Standard RequirementsFrom EverandUnified Communications and Collaboration UCC Standard RequirementsNo ratings yet
- The Tribulation Hand-Book: For Those Left Behind When Jesus Christ Comes for His Church of BelieversFrom EverandThe Tribulation Hand-Book: For Those Left Behind When Jesus Christ Comes for His Church of BelieversNo ratings yet
- 12 - Banez vs. ConcepcionDocument7 pages12 - Banez vs. ConcepcionKim BanceNo ratings yet
- Mayola 1st AssignmentDocument2 pagesMayola 1st AssignmentManelyn Patagoc-Dela Pena GasconNo ratings yet
- Kulayan V Tan DigestDocument2 pagesKulayan V Tan DigestCieloMarie86% (7)
- E A Chikina Gosudarstvennoe I Politicheskoe Ustroystvo SShADocument33 pagesE A Chikina Gosudarstvennoe I Politicheskoe Ustroystvo SShAEkaterina KvasovaNo ratings yet
- Eo 459 1997Document5 pagesEo 459 1997davidNo ratings yet
- Intern at Ubadvocate Email-Ra Jkumarmeena 352080612Document2 pagesIntern at Ubadvocate Email-Ra Jkumarmeena 352080612RajkumarNo ratings yet
- How A Bill Becomes A Law - SummarizedDocument4 pagesHow A Bill Becomes A Law - SummarizedNathaniel JosephNo ratings yet
- WTF Happened To The Constitution? The Right To Privacy in The Digital AgeDocument84 pagesWTF Happened To The Constitution? The Right To Privacy in The Digital AgeMichael SchearerNo ratings yet
- Civ Pro Rule Statements DraftDocument3 pagesCiv Pro Rule Statements DraftkoreanmanNo ratings yet
- PLDT Vs City of Davao 2001Document4 pagesPLDT Vs City of Davao 2001Benedick LedesmaNo ratings yet
- Sub-Delegation: Administrative Law LLM I SemesterDocument4 pagesSub-Delegation: Administrative Law LLM I SemesterShashikantSauravBarnwalNo ratings yet
- Rechtbank Rotterdam - J. BrandwijkDocument1 pageRechtbank Rotterdam - J. Brandwijkopenbaar minNo ratings yet
- State of Arizona v. Donald William Gulley, Ariz. (2017)Document4 pagesState of Arizona v. Donald William Gulley, Ariz. (2017)Scribd Government DocsNo ratings yet
- Emilio A. Gonzales Iii V. Office of President of Philippines, GR No. 196231, 2014-01-28 FactsDocument4 pagesEmilio A. Gonzales Iii V. Office of President of Philippines, GR No. 196231, 2014-01-28 FactsRogelio JuanNo ratings yet
- Protalent Legal GK UpdateDocument83 pagesProtalent Legal GK UpdateShiv R AroraNo ratings yet
- Effectiveness of Parliamentary Control Over Delegated LegislationDocument12 pagesEffectiveness of Parliamentary Control Over Delegated LegislationUttam Sah GondNo ratings yet
- Seventh Schedule of The Indian ConstitutionDocument10 pagesSeventh Schedule of The Indian Constitutionprasenajita2618No ratings yet
- 05 Demetria vs. Alba 148 SCRA 208 (1987)Document3 pages05 Demetria vs. Alba 148 SCRA 208 (1987)Elj LabNo ratings yet
- Padlan v. DinglasanDocument2 pagesPadlan v. DinglasanDale Dampil100% (1)
- A - 068 - Consti2 MootDocument10 pagesA - 068 - Consti2 MootSasmit PatilNo ratings yet
- SC ST Obc - No Benefit of Reservation If They Migrated From One State To Another 2009 SCDocument75 pagesSC ST Obc - No Benefit of Reservation If They Migrated From One State To Another 2009 SCSridhara babu. N - ಶ್ರೀಧರ ಬಾಬು. ಎನ್No ratings yet
- People v. AvilaDocument2 pagesPeople v. AvilaErica Mae VistaNo ratings yet
- Impact of Abolition of Article 370 and 35aDocument15 pagesImpact of Abolition of Article 370 and 35aAtanu KhanNo ratings yet
- Memorial For PetitionerDocument18 pagesMemorial For PetitionerPuneet Upadhyay50% (2)
- Regional Trial Court General Santos CityDocument4 pagesRegional Trial Court General Santos CityStan AmistadNo ratings yet
- Derama Vs CaDocument9 pagesDerama Vs CaMarc Dave AlcardeNo ratings yet
- The Champion Legal Ads 06-10-21Document56 pagesThe Champion Legal Ads 06-10-21Donna S. SeayNo ratings yet
- Constitutional Law 1 LectureDocument33 pagesConstitutional Law 1 LectureEthel Joi Manalac MendozaNo ratings yet
- Separation of Power: Submitted To Dr. Nurul Huda Sakib (Sir)Document16 pagesSeparation of Power: Submitted To Dr. Nurul Huda Sakib (Sir)Shah RinNo ratings yet
- Remedial Law Reviewer in Line With The Syllabus 2021Document19 pagesRemedial Law Reviewer in Line With The Syllabus 2021Chinita VirayNo ratings yet