Setting in Motion Prosecution and Inquiry
Chapter 1 Setting justice in motion
Section 1 Accusation and complaint
Art. 11 __ Accusation in general.
(1) Any person has the right to report any offence, whether or not he has witnessed the commission of the offence, with a view to criminal proceedings being instituted.
(2) There shall be a duty to report in the cases provided in Art. 267,344 and 438 penal code.
Art. 12.___ Anonymous accusations.
Anonymous accusations which disclose serious beaches of the law and are on the face of them circumstantial and credible shall be investigated by the competent police authorities in the manner prescribed by Art. 22 et seq. with a view to ascertaining the truth or otherwise of the accusation.
Art. 13__ Offences punishable on complaint.
In the case of offences which under the law may be prosecuted and punished only upon a formal complaint by the injured party or those deriving rights from him, the provisions of Art. 217-222 and 721 Penal Code shall apply.
Art. 14 __ form of accusation or complaint.
(1) Any accusation (Art. 11) or complaint ( Art. 13) shall be reduced to writing by the person to whom it is mad and when completed shall be read over to the complainant who shall sign and date it.
(2) Where an accusation or complaint is made by more than one person ( Art.219 Penal Cade), all such persons shall sign it.
Art. 15 __ Accusation or complaint against an unknown offender.
Where the offender cannot be identified because he is unknown to the person making the accusation or complaint, such person shall furnish such details as are known to him with a view to establishing the identity of the offender.
Art. 16 __ Authority competent for receiving accusation or complaint.
(1) Any accusation (Art. 11) or complaint(Art. 13) may be made to the police or the public prosecutor. An accusation or complaint regarding a young person shall be made in accordance with Art. 172.
(2) Where it is made to the public prosecutor, the prosecutor shall forward it to the competent police officer with a view to an investigation being made under Art. 22 et seq.
Art. 17. __ Accusation or complaint addressed to wrong authority.
Where an accusation or complaint is made to a person or authority other than the police or the public prosecutor or to a police authority or a prosecutor having no jurisdiction, such person, authority or prosecutor shall without delay forward the accusation or complaint to the appropriate police authority or public prosecutor.
Art. 18.__ False accusation or Complaint.
Whosoever makes a false accusation or false complaint shall be liable to the punishments laid down in art. 441 and 580 Penal Code.
Section 2__ Setting justice in motion in flagrant cases
Art. 19.__ Flagrant offences.
(1) An offence shall be deemed to be flagrant where the offender is found committing the offence, attempting to commit the offence or has just committed the offence,
(2) An offence shall be deemed to be quasi-flagrant when, after it has been committed, the offender who has escaped is chased by witnesses or by members of the public or when a hue and cry has been raised.
Art. 20. __ Assimilated cases.
An offence shall be deemed to be flagrant and to fall under the provisions of Art. 19 when:
(a) The police are immediately called to the place where the offence has been committed: or
(b) A cry for help has been raised from the place where the offence is being or has been committed.
Art. 21__ Effect as regards setting in motion of proceedings or arrest.
(1) In the case of offences as defined in Art. 19 and 20 proceedings may be instituted without an accusation or complaint being lodged, unless the offence cannot be prosecuted except upon a formal complaint.
(2) An arrest without warrant may in such cases be made on the conditions laid down in Art. 49 et seq.
Posts
