REPOBLIKAN'I MADAGASIKARA Tanindrazana-fahafahana-Fandrosoana organic law No. 2004-036 on organization, responsibilities, functioning and procedure before the Supreme Court and the three courses the explanatory component presents the organic law relative to the Organization, powers, functioning and procedure before the Supreme Court and the three courses of the component is part of the program's priority action undertaken by the Government in respect of Justice to a strengthening of good governance, the establishment of the rule of law and the protection of the rights of the ' man, the goal being to have an effective, independent judiciary and m eritant trust of litigants.
Indeed, in its current organization, the Supreme Court includes the control training, the administrative Chamber and the Chamber of accounts. But the Constitution of the Republic of Madagascar of 18 September 1992, amended by laws constitutional No. 95-001 of 8 April 1998 has erected these three current autonomous namely the Court of Cassation, the Council of State, the Court of Auditors, rooms each of Heads of court.
The legal and regulatory framework governing these three higher courts is dispersed and very old and deserves to be gathered and updated as a result.
This includes to: order No. 60-048 22 June 1960 for fixing the procedure - before the administrative court. Act No. 61-013 of 19 July 1961 establishing the Supreme Court; -Ordinance amended September 29, 1962, no. 62-074 - judgments of Auditors and the control of public authorities and public institutions; Ordinance amended no. 62-116 October 1, 1962 conflict - of responsibilities between the administrative and judicial authorities; Order No. 82-019 of August 11, 1982, relating to the powers of the - Supreme Court of General control of the Administration of Justice.
Accordingly, order No. 2001-004 with organic law relative to the Supreme Court and courses composing was adopted on 18 November 2001.
However, the said order has expected that the provisions regarding their organization and operation and has thus set the procedures to be applied.
It is also worth noting that according to the provisions of article 111 of the Constitution: "the other rules relating to the Organization, composition, functioning and powers of the Supreme Court and three courses the component, those relating to the appointment of their members as well as those relating to the procedure before them, are fixed by an organic law".
As a result, given the requirements of the current socio-economic context and in view of the concern to have a unique and coherent legislation on the Supreme Court and three courses the component, the above texts, currently in force must be redesigned, updated and grouped together into a single organic law in accordance with these provisions prescribed by the Constitution. It is of same provisions of Ordinance No. 2001-004 with organic law relative to the Supreme Court and the component classes will be included in this Act.
Thus it is necessary to develop an organic law governing the Organization, composition, powers at the same time; the operation and the rules relating to the procedure before the Supreme Court and the three run the component.
This organic law which includes 436 items is divided into seven titles.
The first title, including 14 articles, States General provisions to the mission of the ND Supreme Court and the administrative responsibility of the leaders of the Court.
Title II, consisting of 106 items, deals with the Court of Cassation.
The Act brings innovations in procedure, including: removing "pre-trial in criminal cases; Indeed, in virtue - the new provisions and unlike the common procedure currently, a person sentenced to a sentence equal or greater than 6 months ' firm imprisonment is no longer required to build prisoner before his appeal is admissible; speeding up the procedure in criminal matters, now the Department - 2 Public must deposit its conclusions on receipt of the dossier; giving suspensive effect to the appeal in breach - of the precepts of justice and equity to encourage this action; by giving an effect of interruption to the 3-year period for exercise this - appeal, the new law allows litigants in the case of rejection of their appeal for violation of the law, to assert l ' iniquity of the contested decision.
This title II includes five chapters: the first chapter concerns the organisation and the functioning of the - Court of Cassation; Chapter II specific attributions; - chapter III is devoted to the procedure; - chapter IV deals with the control of the activities of the courts; - chapter V monitoring of the activities of the Public Prosecutor - and judicial police.
Title III, including 116 items, is relative to the Council of State. It is also composed of three chapters dealing respectively with l ' organization, powers and procedure.
Turning to the Court, which the creation results from the application of the provisions prescribed by article 105 of the Constitution, deserving to be identified important points are its organization and composition, taking into account that it is a high court which judge of common law, the equality of the acts of the Central Government and provincial authorities and shall decide an appeal or appeals on decisions made by the authorities in the Autonomous Provinces courts established by law No. 2001-025 of 9 April 2003 relating to the administrative tribunal and the financial Court.
He also exercises technical control over these courts and judge of certain election cases.
Title IV relating to the conflict of comp etence between judicial and administrative jurisdictions consists of four chapters and 27 articles.
Title V, consisting of 167 items, for the Court of Auditors and consists of seven chapters.
Concerned, it is important to mention that the new provisions were designed so that be strengthened the process of transparency in the conduct of public affairs and sanitation of these judging the accounts of public accountants, by controlling the management of public enterprises and assisting the Provincial Council in the control of the implementation of the budget of the Autonomous Provinces.
3. the first chapter is dedicated to the Organization and the functioning of the Court of Auditors.
Chapter II relates to its powers.
Chapter III deals with the procedure.
Chapter IV concerns the procedure of administrative control.
The procedure in the field of assistance to Parliament, the Government and the Autonomous Provinces as well as the public report are addressed in chapters V and VI respectively.
Chapter VII is devoted to the various and transitional provisions concerning the Court of Auditors, providing specifically for the distribution of records of proceedings pending between the Court and the financial courts in accordance with their respective powers.
Provisions common to the three courses making up the Supreme Court are provided for in the provisions of the 4 articles of title VI.
Composed of 2 items title VII deals with the final provisions.
This is the purpose of the present organic law.
4 REPOBLIKAN'I MADAGASIKARA Tanindrazana - Fahafahana - Fandrosoana organic law No. 2004-036 relative organization, responsibilities, functioning and procedure before the Supreme Court and the three courses composing the Senate and the National Assembly have embraced in their meeting respective dated July 15, 2004 and July 28, 2004, the organic law whose content follows: title first provisions General Article 1.-the Supreme Court is headquartered in Antananarivo. She is responsible for ensuring the regular functioning of the jurisdictions of the judicial, administrative and financial order. Its jurisdiction extends throughout the territory of the Republic.
Art. 2 - The Supreme Court includes: the Court of Cassation;  the  the Court of Auditors.  art. 3. the Supreme Court is headed by a Chief and a Prosecutor General.
The first President is assisted by three Vice-presidents who are, respectively, the President of the Supreme Court, the President of the Council of State and the President of the Court of Auditors.
The Attorney General is assisted by the Prosecutor General of the Supreme Court, the Commissioner General of the Act and the General Commissioner of the Public Treasury.
They are respectively appointed by decree by the Council of Ministers on the proposal of the keeper of the seals, Minister of Justice after consultation of the Superior Council of the judiciary; other members and Auditors are appointed es by decree upon proposal of the Minister of Justice, Minister of Justice.
Art. 4 - The registry of the Supreme Court is headed by the Chief Registrar, assisted by 5

three deputies assigned respectively to each court registry component Supreme Court.
Art.5 - Supreme Court settle conflicts of jurisdiction between the two courts of different order.
The conflicts are brought before the plenary Assembly presided over by the first President of the Supreme Court and formed by the President of the Supreme Court and the President of the Council of State, four advisers to the Court of Cassation, four counselors of the State Council designated respectively by the heads of court concerned.
Art.6 - The Supreme Court, in solemn audience receives the oath of newly appointed judges and that of all personality which the oath before the said Court is provided for a particular text.
Art.7 - Supreme Court meets in General Assembly convened by the leaders of the Court at least once per quarter. The General Assembly is formed by all the magistrates of Headquarters and prosecutors in function with the three courses making up the Supreme Court.
It is jointly chaired by the heads of the Supreme Court Rd. In the absence of the latter, it is chaired as the case may be, by one of the Vice Presidents and one of senior prosecutors of the three courses in the highest rank.
Art.8 - General Assembly examines all matters pertaining to the Organization and the functioning of justice in general, of the courts and tribunals in particular. It approves the rules of procedure of the Supreme Court.
Art.9 - Each court may meet in a General Assembly for questions concerning. Within the Superior Council of the judiciary are elected at the General Assembly of each court.
Art.10 - The Conference of Heads of Court consists of: the first President and the General Prosecutor of the Supreme Court; - the Presidents of the Court of Cassation, the Council of State and the Court -; the Prosecutor General of the Supreme Court and the Commissioners - General of law and the Public Treasury.
Art.11 - The Conference of Heads of Court meets at least twice a year at the invitation and under the chairmanship of Heads of the Supreme Court.
She is developing the rules of procedure of the Supreme Court.
6. it regulates by deliberation contents in which jurisdiction is given to him by the regulation.
Art.12 - The Administrative Department of the Supreme Court includes: documentation Service; - administrative and financial Service - art. 13 - Technical control of the activity of the seat and the floor of the Supreme Court judges and appellate and trial courts is exercised by judges of the Supreme Court under the leadership of the leaders of this Court.
Art. 14 - Any ole control should affect the independence of the judge.
Title II of the Court of CASSATION chapter I Organization and functioning art. 15. the Supreme Court is presided over by the President of the Court of Cassation, chosen from among the oldest judges in the highest rank of the judiciary serving in the Supreme Court.
Art. 16 - The Supreme Court is composed of the Chambers: civil and registration rooms: commercial and social rooms: criminal and training of cassation all chambers.
Art. 17 - Each of the rooms includes: a speaker of House - counsellors; - a clerk of room. - art. 18. the judges of the Court of Cassation are assigned to different rooms by the first President of the Supreme Court on proposal concerned Vice President and approval of the Prosecutor General of the Supreme Court.
Art. 19 - Each room assignments are determined by order of the President of the Court of Cassation on the advice of the public prosecutor of that Court.
Art. 20 - Each Chamber shall rule with the participation of five magistrates.
7 art. 21. the Court of Cassation, all Chambers is presided by its Chairman. It includes all the Presidents room and at least two councillors from each room.
Art. 22 - The Prosecutor of the Court of Cassation is composed: the Attorney General of the Court of Cassation, Chief of the Prosecutor's office; - of the Advocates-General; - of Prosecutors General. - art. 23 - The head of the prosecution of the second Court of Cassation the public prosecutor of the Supreme Court. It directs and coordinates activities advocates general and General Prosecutors of his Prosecutor that he distributes to the various chambers of the Court of Cassation.
It represents in person or by his general counsel or general substitutes the Public Prosecutor of the Court of Cassation.
Chapter II responsibilities art. 24 the Supreme Court adjudicates appeals in all matter against final decisions last spring by the courts of the judiciary.
It also rules on: applications for review; - requests for referral from one jurisdiction to another reason-legitimate suspicion or public safety; regulations to judge between jurisdictions having above them - no common superior court; requests to party against a Court of appeal or a - whole Court as well as a member of the Supreme Court; the vexations of judgments or decisions ultimately between the same - parts and on the average same rendered by various jurisdictions of the judicial order.
8 chapter III of the PROCEDURE SECTION I provisions Commons in matter civil and criminal under Section I of the openings to cassation in general art. 25 - The appeal may be brought for violation of the law. The violation of Customs is considered to be the violation of the law.
Art. 26 - The violation of the Act includes: incompetence; - the fake application or the misinterpretation - the excess of power; - failure of the prescribed forms of nullity; - the violation of the authority of res judicata; - absence, insufficiency, contradiction of motives and generally - the impossibility for the Supreme Court to exercise its control; non response to conclusion evidenced in writing. -Art. 27 - also give rise to cassation irregularly composed courts decisions, in which case the cassation benefits other convicts complains that in the contested decision. When several hearings were devoted to the same case, judges who have contributed to the decision must have attended all the hearings.
However, if the appeal was brought by the civil party only, the seisin of the Court is limited to civilian interests.
These decisions are also declared null if they were made without the Public prosecution, when it should be present at the debates, has been heard.
Under Section II of cassation in criminal matters Art openings. 28. in addition to the provisions provided for in articles 25, 26 and 27 in criminal cases.
Suck the decisions that have failed or refused to comment on one or more applications of the parties made or recorded in writing.
No one may rely against the party continued the violation or failure to the 9 rules for the defence thereof.
Sub-section III of Chambers of cassation Art.29 - the Court decides in cassation on the report of a consultant, in the light of findings written and motivated of the Public Ministry developed orally.
The rules for advertising e, the police and the discipline of the hearings must be observed before the Supreme Court.
Art.30 - Stops are motivated. They are texts which shall apply and mention must be: (1) - the names, qualifications and judgment brought in area a. criminal; the names, address of the applicant and possibly the election. b home, in civil matters, (2) memory products as well as the statement of the grounds and the submissions of the parties;
(3) the names of the judges who made them, the name of the rapporteur is specified;
(4) the name of the representative of the Public Ministry;
(5) the reading of the report and the hearing of the Public Ministry;
(6) the hearing of counsel for the parties, possibly.
Mention is made, they have been reverted in a public hearing.
The original of the judgment shall be signed by the Chairman, the rapporteur and the Registrar.
Art.31 - The mention of the cassation judgment is carried in the margin of the original of the broken decision.
Art.32 - Important stops are inserted in a regular newsletter.
Art.33 - Appeals are suspensive only in the following cases: (1) on the rule of the people. (2) when there are fake incident; (3) land registration; (4) in electoral matters;
(10-5) in criminal cases.
However, for other urgent matters provided for in article 56 below, the suspension of execution of the decision, the appeal may be requested before the first President of the Supreme Court, which, after consultation with the Presidents of the Court Chamber, makes an order or dismiss the application.
Art. 34 - After cassation, the Court can refer the case to the Court which must know inside.
If the Court accepts the appeal for incompetence, it refers the case to the competent court.

If she pronounces the cassation to another cause, it indicates the provisions that have been violated and refers the case either before the same court, otherwise composed, either another court the same order and the same degree.
If the judgment or the judgment is broken for annoyance with another decision and it is maintained, the cause is definitely considered and there is not place to reference.
Art. 35. when the pronounced cassation does not imply that be again decided on the merits, the Court overturned without referral.
There is still reversible without reference permitting, in civil cases, the facts as they were sovereign recognized and appreciated by the judges to apply the appropriate rule of law.
There are also reversible without referral when in criminal cases, the sentence that has been imposed pursuant to a false interpretation of the law or a mistake of law is not greater than the legal penalty. This provision applies if the minimum and maximum of the penalty as a result of the provisions that should have been applied are identical to those of the provisions that have been implemented.
There is also reversible without referral when the facts than ' they were selected by the judges from the bottom does not constitute a criminal offence.
Art. 36 - When an application to the Supreme Court for violation of the law will be rejected, the part which had formed it no longer to appeal to the Supreme Court in the same case.
Art. 37. the applicant in appeal who died will be sentenced e to the opposing party to compensation equal to the amount of the fine according to the case in articles 42 and 66 of this Act.
The fine and compensation are acquired full rights even if the judgment failed to pronounce.
11. the judgment contains enforcement for payment of l ' fine and l ' compensation. When the applicant gets the cassation, the recorded fine him is rendered without any delay, even though even the return would not have been formally ordered.
Art. 38 - In any matter, the Attorney General of the Court of Cassation may, office, or order of the Minister of Justice, and notwithstanding the expiry of the deadlines, appeal to the Supreme Court, but only in the interest of the law.
In this case, the Court shall decide without reference and its decision will have no effect between the parties.
SECTION II of appeals in matter civil and commercial under Section I of the proceedings in ordinary matter Art.39 - the deadline for appeal is, in area civil and commercial, of two months of service or notification in person or at home, criticized decision or of the date of issue of the first expedition to the plaintiff.
The appeal may also be made against a decision rendered by default.
Art.40 - Cassation appeals are formed by petition signed by the parties or their counsel.
The query or the feat must, on penalty of inadmissibility: indicate the names and domiciles of the parties; 1. contain the summary of facts and resources, the statement of the 2. legal provisions or customs which have been violated as well as the conclusions reached; be accompanied by an expedition of the contested decision or the 3. big, excluding any other form of decision.
Art.41 - L ' Act of appeal is given to the registry of the Court of Cassation in as many copies as of parties involved.
This discount is ascertained by reference to its date and the visa of the Registrar on each copy.
Mention of the notice of appeal is carried on the register of the appeal of the registry as soon as payment of the consignment referred to in article 42. It is delivered on receipt.
12 Art.42 - In addition to such notification fees they are set by Decree the applicant is required to record in the registry of the Court a sum of 150,000 of fmg or 30. 000 Ariary at the time of the filing of the notice of appeal, otherwise, it will not be saved.
If the appeal is rejected, the consignment is acquired through esor as a civil fine.
Are exempt from the consignment: the State and other public authorities, persons admitted to the benefit of legal aid and people for which such exemption is enacted by a specific provision.
Art.43 - Admission to the benefit of legal aid is granted by the assistance office near the Supreme Court.
The request for assistance must be made within the period of a month deducted as set out in article 39.
In this case, the period for appeal shall run from the day of notification of the decision of the legal aid office.
With respect to the defendant, the request of ' legal aid must be formed within one month of the notification. It suspends the period provided for in article 29.
Art.44 - Upon registration of the appeal, the Chief Registrar request the disclosure of the record at the registry of the Court which made the contested decision.
Once the file is in a State, the President of the Supreme Court appoints a rapporteur.
Art.45 - The appeal period or the Act of appeal are suspension of execution except what is said in article 33.
Art.46 - The applicant to appeal must, on pain of nullity, file in the registry its ampliatif memory in as many copies as there are parties involved within the period of two months from the filing of the notice of appeal to the registry.
The ampliatif memory is notified by the Registrar within 15 days, under penalty of a fine of fmg 50,000 or 10,000 Ariary, the efendeur d or its Board, if it is established.
The delivery of the appeal under article 41 does not exempt from the filing of the brief provided for in this article.
Art.47 - The defendant has two months from the said delivery of the said d filed for 13 produce its statement of defence.
Art.48 - No additional memory is recognized. The new law means not invoked in the ampliatif memory are inadmissible.
Art.49 - times brought to this chapter are clear deadlines.
These delays will be, in addition, increased for distances in the conditions laid down by the Code of Civil Procedure.
Art.50 - The record of the proceedings is deposited at the registry who communicates it without divestiture to the parties or applicable to their lawyers, if it has been formed.
Art.51 - When the case is ready, the rapporteur shall prepare its report and forwards the file to the Public Prosecutor.
Article52 - Upon the filing by the prosecution of its conclusions written and motivated, the file is transmitted to the President of the Court of Cassation, which fixed the date of the hearing.
If the Public Prosecutor considers that the appeal is inadmissible or d due is incurred, it forwards the file to the President of the Court of Cassation, which decides on the follow-up to the procedure by reasoned order.
Art.53 - Parties are advised of the hearing date, but they are not required to appear. A business called at the hearing table is displayed in the registry, at the door of the audience at least three days before.
Lawyers can attend the scheduled hearing oral observations based on resources developed in their memory.
Under Section II of the forgery, incident civil 54 - demand forgery against a new part produced before the Court of Cassation is submitted to the President of the Court.
It may not be reconsidered unless a fine of fmg 100,000 or 20,000 Ariary was recorded at the registry.
The President of the Court of Cassation makes either an order of dismissal, or an order for permission to enroll in false in which case the fine is rendered. In one or the other case the order is brought to the attention of the said applicant.
Art.55 - Permission to enroll in the wrong order and the grievor summer for this purpose are served on the defendant in the incident within the period of fifteen days with summons to have to declare if he intends to use the room impugned fake, fault by the 14 applicant never did, the grievor summer will be considered null and void, and the cassation procedure is ongoing.
The defendant must respond within fifteen days of the so-called extra meaning, otherwise, the room is excluded from debates by order of the President of the Court of Cassation.
The piece is also ruled out and removed the said folder if the answer is negative.
In the case of an affirmative reply, it is worn by care of the registry within the period of fifteen days to the attention of the applicant to the incident.
The President of the Supreme Court refers the parties to appeal to such court designated by him to be conducted following the judgment of the fake law. In this case the Court of Cassation shall stay proceedings on the appeal until the final solution of the false procedure.
Under Section III of the emergency Art.56 procedure. -In urgent cases, deadlines prescribed in articles 39, 46 and 47 below - above are reduced by half.
Were urgent appeals:

against a decision made in terms of personhood, pension  food, of workers, of individual or collective labour conflicts, recruitment of the army; against a decision on interim measures or following the procedure of  referred; against a decision made registration;  against a decision of last resort by the courts of first instance .
SECTION III of appeals in material criminal under Section I of the decisions that may appeal Art.57.-final of the indictments chamber judgments and decisions final last spring regarding criminal, correctional and police may be cancelled in case of violation of the law on appeal in cassation form e by the Public Prosecutor or the part to which they claim.
Art.58.-the judgment of the Criminal Court with reference to a 15 criminal court cannot be attacked in court when it decides on objections to the parties on jurisdiction or office or that it presents definitive provisions that the Court dealing with the prevention, does not the power of change.
The appeals are inadmissible in all cases of rejection of an application for provisional release.
Art.59.-the civil party may appeal in cassation against decisions of the indictment only in the following cases: (1) if there is the appeal of the Public Ministry; (2) when l ' judgment of the d ' accusation said have place to inform; (3) when the judgment stated the inadmissibility of the action of the civil party; (4) when the judgment said public action prescribed; (5) when the judgment, either ex officio or on objections to the parties, pronounced the incompetence of the court seised; (6) when the judgment has failed to rule on a count.
Under Section II of the form and time of appeal Art.60.-the deadline for cassation is three clear days to all parties.
Art.61.-However, the appeal period runs only from the notification or the notification of the decision, regardless of the mode: for the part which, after contradictory debate, was not present, or 1. represented at the hearing where the ruling was handed down or if she had not been informed of the date on which it would be delivered. for the defendant who asked to be tried in his absence in the 2. conditions provided for in article 479 of the Code of Criminal Procedure; for the defendant who has not appeared in the cases provided for in article 3. 370 of the Code of Criminal Procedure; for the defendant who was found by iterative defaut.4.
The appeal against the decisions or judgments by default does run, against the offender, accused or the accused, the day where they are most likely opposition. The respect of the public prosecutor, the period from the expiry of the period of 10 days following service of the decision rendered by default the offender, accused or the accused.
Art.62.-during the d elais of appeal in cassation, and s ' there were resort, until ' to the delivery of the judgment of the Court of Cassation, is given, execution of the decision except in regard to civil convictions.
16 Art.63.-the declaration may be made by a lawyer or by a representative with a special power in the form of authentic or authenticated. In this case, the power there will be annexed.
The statement was made to the clerk of the Court that rendered the decision.
She is on a special sp register. The register is public and anyone can get issue excerpt.
Art.64.-when the plaintiff in Supreme Court is held, it can also make known its desire to appeal by d Declaration addressed or made to the warden of the penal institution.
In the case of written statement, the warden delivers receipt, certify on even statement that it was given to him by the person concerned and the date of delivery.
In the case of verbal statement, the warden prepare statement with an indication of its date and give the declarant a receipt.
In both cases, this document is immediately transmitted to the registry of the Court that rendered the decision contested; It is transcribed in the register provided for in article 50 and is attached to the deed drawn up by the Registrar.
Art.65.-the appeal is notified to the other parties by letter from the Registrar with receipt within three days.
Art.66.-the applicant shall, on pain of nullity, to record the amount of a fine of fmg 100,000 or 20,000 Ariary.
Art.67.-are nevertheless exempt consignment: prisoners in detention to correctional imprisonment or 1. Police; people who join their application: a certificate of the collector 2. the commune with that they are not taxed and a certificate issued by the Mayor of the municipality of their residence or the Commissioner of Police, noting what ' at the rate of their poverty, they are unable to record the fine; minors of 18 years.3.
17 Art.68.-are exempted from consignment and fine: sentenced to a criminal penalty; 1. public officials for matters that directly concern 2. the administration and the areas of the State.
Art.69.-the applicant in cassation, either in making his statement, either in the following ten days, may deposit at the registry of the Court which made the decision attacked a memorandum signed by him or his counsel, containing its means of cassation. The clerk delivers her receipt.
Art.70.-after expiry of this period, the plaintiffs or their counsel have increased within two months of the time limits provided for in article 77 of the Code of Criminal Procedure to provide their submissions directly to the registry of the Court of Cassation. In all cases, the memory must be accompanied by as many copies as there are parties involved.
Art.71.-memories contain the means of cassation and aim the legislation which the breach is invoked.
They are written on stamp, unless the applicant is sentenced to a criminal sentence e.
They must be filed within the time limit. The date of deposit shall be notified by the registry to the parties.
Failure to comply with these requirements leads to the inadmissibility of the memory and the means contained.
Art.72.-all memory is, within three days of his Academy, notified to the other parties or their counsel by the Registrar who received it. The notification is made by registered letter with acknowledgment of receipt under penalty of the fine under article 73.
The defendant has a period of two months to file his brief in reply.
Under Section III of pre-trial procedures Art.73.-under penalty of a fine of fmg 50,000 or 10,000 Ariary pronounced by the Supreme Court, the clerk of the Court which made the decision, within the maximum period of a month to date of the statement of appeal, side and initialling the documents in the file , to which he joined an expedition to the contested decision, an expedition of the notice of appeal and, if it takes place, the memory of the applicant. At all, he draws up inventory.
18 Art.74.-when the case is so, said clerk gave it to the magistrate of the Public Prosecutor of the Court referred to in the previous article, which address immediately to the head of the public prosecutor of the Court of Cassation. It transmits apr of its conclusions, to the registry of the Court of Cassation.
Upon receipt of the case the President of the Court of Cassation commits a rapporteur. If it decides that the appeal is inadmissible or that the loss is incurred, it forwards the file to the President of the Court of Cassation, which decides on the action by reasoned order.
Art.75.-the Supreme Court must rule d ' emergency when the appeal is from a judgment of more than the labour.
Under Section IV of the decisions in criminal cases Art.76.-the Supreme Court makes a judgment of dismissal proceedings if the appeal has become moot.
Art. 77.-where the appeal is admissible, the Court of Cassation, if it deems frivolous, makes a judgment of dismissal.
Art.78.-subject to the provisions of article 77, the rejection stop condemns the applicant to the fine and costs.
In case of no place to decide, the Court of Cassation appreciate if it must condemn the plaintiff to the fine.
Unless otherwise decided by the Court of Cassation, the party who withdraws is not held in the fine and stop giving it record its discontinuance is registered for free.
Art.79.-when the Court of Cassation annuls a criminal decision to character, it returns the trial and the parties before the Court, otherwise composed or to a court the same order and degree as that rendered the annulled decision. It rules on the detention if the applicant is detained.
Art.80.-the Court of Cassation may n ' cancel that part of the decision when the nullity vitiates that one or some of its provisions.
Art.81.-an expedition of the judgment which has pronounced the Supreme appeal and directed the reference is issued to the Chief Prosecutor of the Court of Cassation within eight days.

This expedition is sent with the record of the proceedings to the Attorney General about the Court of appeal, which is providing the service and the enforcement.
Art.82.-the judgment which rejected the appeal or pronounced the cassation without referral, is 19 issued within eight days, the head of the public prosecutor of the Court of Cassation, by signed the Registrar extract extract which is addressed to the magistrate responsible for the public prosecutor about the Court or tribunal that made the judgment or the judgment.
It is notified to the parties at the request of the judge.
Art.83.-when the appeal was rejected, the part that had trained him can no longer appeal against the same decision or judgment.
SECTION IV of the Court of CASSATION, all rooms combined Art.84.-when, after cassation of a judgment or ruling in the same case and between the same parties doing the same as the second ruling or decision is attacked by the same means that first, this appeal takes the Court all Chambers, which, in the event of cassation evokes and statue at the bottom.
Art.85.-when a Chamber of cassation makes a decision of inadmissibility or a judgment of forfeiture, the President of the Court of Cassation office or at the request of the Chief Prosecutor of the Supreme Court may, in the interest of the good administration of justice and after consultation with the Presidents of the Chamber of the Court, take the part or the forfeiture or any other irregularity. In this case, the Court all Chambers statue on the merit of the appeal.
However these provisions shall not apply in the case of non-respect of the time limit for appeal.
Art. 86. when a Chamber of cassation has to hear a case asking a question of principle or a matter normally assignments of several rooms or whose solution would be likely to cause an annoyance of decisions, the first President acting Office or on proposal of the room entry or at the request of the Prosecutor General of the Supreme Court, may remove her by ordering the referral of the case to the Court of Cassation all chambers.
If the Chamber of cassation has already rendered a judgment, the Court of Cassation all Chambers can be entered either by the first President of the Supreme Court or by the Prosecutor General of the said court.
This referral must take place within two months of delivery of the decision and has effect of suspending the execution of it.
Art.87 - is a case of opening in cassation in the interest of the law the violation of the general precepts of justice and including fair principles involves necessarily the legal justification using objective the impugned decision. Such an appeal suspends the execution of the contested decision.
20. when such a plea is invoked, the appeal seized the Court of Cassation all Chambers who shall decide according to the procedure of urgency. In case of cancellation, it rules inside and his decision has effect with respect to the parties.
The appeals referred to in this article and the previous article are formed by the Prosecutor General of the Supreme Court on behalf of the Minister of Justice, and within the period of three years from delivery of the contested decision. They shall be notified to all parties by the registry of the Supreme Court.
The three-year period provided for in the previous paragraph is interrupted in the event of appeal for violation of the law by articles 25, 26 and 27 of this Act.
Art.88 - The Court of Cassation all Chambers is presided over by the first President of the Supreme Court or, if unable to act, by the President of the Court of Cassation.
In addition, it includes all Presidents of Chamber of cassation and at least two councillors from each room.
SECTION V of powers specific under Section I of the revision art. 89 - review may be requested in criminal or correctional, regardless of the Court which ruled and the sentence that has been imposed: when, following a conviction for homicide, parts will be 1. represented to raise sufficient evidence on the existence of the alleged victim of the homicide; When, after a conviction for a crime or d shall elect, a new 2. judgment or judgment will be sentenced for the same fact another defendant or warned and that the two convictions cannot be reconciled, their contradiction will be evidence of the innocence of one or the other convict; When a witness heard was later to 3. conviction, prosecuted and convicted for false testimony against the accused or the defendant; the witness so convicted cannot be heard in the new debates; When, after a conviction, a fact comes to occur or to be 4. reveal or when unknown parts in the debates will be represented such as to establish the innocence of the convicted person.
Art. 90. - the right to apply for review will be up in the top three 21 cases: to the Minister of Justice; 1. the convicted person, or incapacity, to his representative legal; 2. after death or the reported absence of the convicted person, his spouse, his 3. children, to his parents, to his legatees or universal basis, to those who received him Express mission.
In the fourth case, the Minister of Justice alone, who will rule after of having taken the opinion of a Committee composed of two judges in service at Headquarters and two judges of the Supreme Court appointed annually.
The Supreme Court will be entered either ex officio or on the claim of the parties indicating one of the first three cases either by the head of his prosecution under the express order that the Minister of Justice will have them given. Review from the parties any such request must be addressed to the Minister of Justice.
If the judgment or the judgment of conviction n ' has not been executed, execution will be suspended as of right from the transmission of the request by the Minister of Justice.
If the convicted person is in detention, enforcement may be suspended by order of the Minister of Justice until the Supreme Court has spoken and, then, if it is necessary, in the judgment of this Court ruling on admissibility.
Art. 91 - if the matter is not in a State, the Court shall decide on the admissibility in the form of the request and proceeds directly or by letters rogatory addressed to any authority empowered to carry out all investigations on the bottom, confrontations, recognition of identity and how to bring the truth to clear.
If the case is ready, the Court examines him inside. She rejects the application if it considers it unfounded. If, on the contrary, it l ' estimates based, it cancels the sentence and evokes at the bottom.
Is there impossibility to proceed with further discussion including death, dementia, their absence or default of one or more convicts, irresponsibility or excusability if prescription of the action or of the sentence, the Court of Cassation, after have expressly determined it, statue at the bottom in the presence of the civil parties, if there is at trial and curators appointed by it to the memory of each of the dead; in this case, it cancels only those convictions which are not justified and discharge, if it takes place, the memory of the dead.
Art.92.-the decision hence the innocence of a convicted person may, at his request, award him damages for the injury caused by the conviction.
22. If the victim of a miscarriage of Justice is dead, the right to request damages belongs in the same conditions, to his spouse, his ascendants and descendants.
The parents of a furthest degree cannot exercise this right only as much as they justify material damage resulting to them of the conviction.
The request is admissible in any of the revision procedure.
The right to compensation for all persons to which the judgment of conviction will be harmed can be booked.
Allocated damages are the responsibility of the State except his remedies against the civil party, the informant or the false witness by fault of which the sentence was passed. They are paid as criminal justice costs.
Art.93.-the costs of the proceedings for revision are advanced by the Treasury from the transmission of the application to the Court of Cassation.
If the review is rejected, the judgment puts the responsibility of the convicted person or if there is place of applicants for review the costs advanced by the Treasury.
The State may request reimbursement of such costs to those mentioned above.
Art.94.-If the applicant so requires, the judgment or the judgment of review results the innocence of the convicted person is displayed in the city where the sentence was pronounced in of the place where the crime or offence was committed, in that of the domicile of applicants for review and the last domicile of the victim of a miscarriage of Justice, if she died. under the same conditions, it is ordered that it be inserted in the Official Gazette and published, in part, in five newspapers in the choice of the Court which gave the decision.

The above expected advertising costs are borne by the Treasury.
Under Section II of referrals from one jurisdiction to another Art.95.-criminal, correctional or police, the Supreme Court may relinquish any jurisdiction statement or judgment and return the knowledge of the case to another court of the same order, if the normally competent court may be legally made, or if the course of justice is otherwise interrupted , either because of legitimate suspicion.
The request for removal may be made either by the head of the prosecutor-general's office near the Court of Cassation, the Department era Public established near the Court, either by the accused or by the civil party 23.
The petition must be served or notified to all interested parties who have ten days to file a brief at the registry of the Court of Cassation. It must also be notified to the Court referred to in the request for information.
The presentation of the request has no suspensive effect unless it is otherwise decided by reasoned order of the first President of the Supreme Court after notice of the Chamber Presidents and the Attorney General near Supreme Court.
In case of rejection of an application for dismissal for cause of legitimate suspicion, the Court may, however, order the referral in the interest of better administration of justice.
Art.96.-reference can be also ordered for the setting in motion of public action for all acts that are post investigations, for reasons of public security or in l ' interest to a better administration of justice by the Criminal Chamber of the Supreme Court, but only at the request of the Prosecutor General about the so-called Court.
Art.97.-any judgment which adjudicates an application in reference to one of the above causes will be served or notified to interested parties and to the Court functus officio for information and transmission of the dossier to the Prosecutor General of the Supreme Court.
Art.98.-L ' judgment which rejected a request by reference to public safety does not preclude a new application in reference based on subsequent events.
Art.99. - When following a reference from one jurisdiction to another, a person sentenced to deprivation of liberty is being held at the headquarters of the Court which pronounced the sentence, final or not, R public prosecutor, the investigating judge, the courts and the Court of appeal of this place of detention will have jurisdiction, outside the rules prescribed by articles 158 and 183 of the Code of Criminal Procedure to deal with all offences which may itself be charged regardless of the place of commission.
Under Section III of the regulations of judges article 100. -When two judges from different courts are simultaneously seized of the same offence, the Crown last entered, in the interest of a proper administration of justice, requires the judge's statement of his court to decline jurisdiction in favour of the other. If the conflict of jurisdiction remains, it is set of judges in accordance with the following articles 101 to 104.
S.101.-when two correctional courts, two co-investigating judge or two courts police belonging to the same jurisdiction of Court of appeal are seized 24 simultaneously for the same offence, set of judges by the House d ' accusation that decides on an application by the public prosecutor, the accused or the prosecution. This decision is subject to appeal to the Supreme Court.
Art.102.-in case of negative conflict or positive jurisdiction relative to the decision by two jurisdictions or two investigating judges in the same Court of appeal, it is set of judges by the indictments chamber, at the request of the most diligent party. This decision is subject to appeal to the Supreme Court.
Art.103. - Out cases stipulated in articles 101 and 102, all conflicts of jurisdiction between the courts of the judiciary are brought before the Court of Cassation, which is entered by request of the public prosecutor, of the accused or the injured party.
Art.104.-the application for regulation of judges is barely of inadmissibility served on all interested parties who have ten days to file a brief at the registry of the Court of set of judges. Notice of this application is brought to the attention of the courts concerned by the registry.
The application has no suspensive effect, unless it is otherwise ordered by the Court to pay judges. It can prescribe the contribution of all the useful procedures, and adjudicate all acts made by the Court with it.
Under Section IV of the catch to part Art.105.-struggling to parties are considered to be in accordance with the provisions laid down in this area by the Code of Civil Procedure.
Chapter IV control of the activities of the courts art. 106 - the control exercised by the Court of Cassation on courts d ' appeal and instance a, to verify the observation by those jurisdictions of the texts that govern their operation, and respect by each judge of the rules of procedure and applicable background as well as professional and ethical obligations.
In the interests of a correct application of the law, the first President of the Supreme Court may make to judges under this control all comments or recommendations that it considers useful.
Art. 107. in any case, neither the control nor the observations or recommendations must impair the independence of the judge's decision.
Art. 108 - The powers of control of the Court of Cassation are carried on under 25 form of inspection missions, of investigation, audit or information carried out off-site or on-site, either as part of ' a general program established by the first President of the Supreme Court, or at the request of the National Assembly, the Senate or the Minister of Justice , or on the initiative of the first President of the Supreme Court as a result of facts or irregularities brought to its attention.
Art. 109 - magistrates, charg es of mission, are appointed by the first President of the Supreme Court.
As such, they only fall under the direct authority of the first President.
Art. 110 everything magistrate in mission may take communication of any record or document, collect all information useful to the accomplishment of its mission, professional secrecy may be opposed to him by the authority or the person holding them. It may require the competition of all official authorities.
Art. 111 - Control carried out gives rise to a report in which are identified deficiencies, delays and possible imperfections, to then identify the causes and to situate the responsibility.
The report must make in conclusion the measures recommended, particularly to improve or rectify the situation and to penalise possible irregularities.
Art. 112. the first President of the Supreme Court Rd can grasp the Minister of Justice of any proposal on more which could be given to the report.
Art. 113. the control exercised by the Court of Cassation prejudicial to the Organization and functioning of the inspections or inspections carried out by the Department of Justice, court managers and the heads of jurisdiction.
However, the heads of the Supreme Court are recipients of a copy of any report prepared under the previous paragraph.
Art. 114 appeal court leaders and the heads of jurisdiction addressed to the Minister of Justice and the heads of the Supreme Court th an established annual activity report.
Art. 115 - In addition to the powers granted him by article 40 of the Statute of the Magistracy, the first President of the Supreme Court th formula each year a General on the work of each magistrate appreciation of the seat.
For this purpose, the first Presidents of the Court of appeal him address timely rating sheets completed in accordance with the provisions of paragraph 3 of the same article.
26 chapter V control of the activities of the PUBLIC Prosecutor and the POLICE judiciary art. 116. the Prosecutor General of the Supr eme Court ensures the general supervision of the activities of the Public Prosecutor and the judicial police on the entire territory of the Republic.
Art.117 - The Prosecutor General of the Supreme Court can load a magistrate of his prosecution or any other magistrate of the era Department Public of a mission of inspection, investigation, audit or information. The designated magistrate executes its mission in accordance with articles 110 and 111 above.
Art. 118. the Attorney-General of the Supreme Court can seize the Minister of Justice of any proposal on more which could be given to the report.

Art. 119 in addition to the powers granted him by article 40 of the status of the judiciary, the public prosecutor of the Supreme Court formula each year a general assessment on the work of each prosecutor. For this purpose, public prosecutors of appeal court him address timely, rating sheets completed in accordance with the provisions of paragraph 4 of the same article.
Art. 120 - The Attorney General of the Supreme Court has knowledge of an act violating the law committed by a court officer or by a person in charge of the judicial police, it shall notify the Prosecutor General at the Court of appeal responsible for application of the provisions of articles 155 and following of the Code of Criminal Procedure.
Title III of the Council of State Chapter I Organization art. 121 - The Council of State is headed by the President and the Commissioner General of the Act.
They are chosen from the oldest judges in the highest rank of the administrative order stationed in the Supreme Court.
Art. 122. the Council of State is composed of rooms whose number is fix e by the rules of procedure.
27 art. 123 - One room includes: a speaker of House;  advisors;  of the hearers,  is assisted by a clerk.
Art. 124. the judges of the State Council are divided in different rooms by the first President of the Supreme Court on proposal of the concerned Vice President and on the advice of the Prosecutor General of the Supreme Court.
Art. 125 - The powers of each room are eterminees by the rules of procedure of the Supreme Court.
Art.126 - Deliberative training, the statue with the participation of a speaker of the House and two advisers.
Art. 127 - Appeal judgment with the participation of President and two advisers to the Supreme Court with the participation of the President and four Councillors.
The President of the Council of State can preside over a room when he deems it necessary; in this case, the Chamber President participates in the training.
Art. 128 - The Commissioner-General of the Council of State includes: the Commissioner General of the Act, Chief Public Prosecutor;  Law Commissioners  listeners.  Chapter II responsibilities art. 129 - the Council of State is common administrative law judge; It considers the action for annulment of the acts of administrative authorities central or provincial; He adjudicates contentious claims in tax matters; He knows recourse of full jurisdiction for the damaging facts slight es by the activities of the administration; It ensures the control of legality and conventionality of acts of general scope of the organs of the autonomous provinces.
Judgment in appeal or appeals on decisions rendered by the administrative courts in the autonomous provinces;
He is judge of the election cases determined by the law.
28. it is a technical control over the administrative courts.
It can be consulted by the Prime Minister and by the Governors of Provinces autonomous and conduct studies on the texts of law and on the Organization, operation, or the public service missions.
It can be accessed by some public authorities.
The request for consultation by the public authorities referred to in the preceding paragraphs shall be addressed to the President of the Council of State and has a copy to the Commissioner General of the Act.
Chapter III PROCEDURE SECTION I in material CONTENTIEUSE under Section I of the introduction of proceedings and hearings paragraph I of the form and presentation of Art.130 requests.-the applications before the Council of State are presented in written form.
They are filed in the office of the State Council.
Art.131.-requests are registered upon arrival at the register to order kept in the registry. They are also marked the date, as well as all the parts attached stamp.
Art.132.-the application initiating proceedings is personal and must be only one decision at a time.
(Art - 133 the applications must contain: (1)) the name, profession or quality and domicile of the applicant; (2) the means and findings; (3) the copy of the decision contested; (4) supporting documents.
Art - 134 queries and attachments must be accompanied by as many copies certified by the applicant as there are parties involved.
29. when no copy is produced or the number of copies is not equal to parts having a separate interest, which the Chamber President would have ordered the disclosure, the applicant is invited by the House Clerk to produce the necessary copies.
Exceptionally, the Chamber President could provide the delivery of certain documents double applicant (book of accounting, various registers...).
Paragraph II of the representation Art.135.-the parties may themselves appear before the Council of State. They may also be represented by a lawyer or by a representative justifying its mandate or an act legalized private sous-seing, either by deed, or by deed recorded.
Public authorities are represented before the Council of State in accordance with the legislation in force.
Art. 136 - The application is filed by several persons or legal entities must, on pain of inadmissibility, include the appointment of a single representative among the signatories.
Paragraph III of the deadline for requests Art 137 - 1 °) the action for annulment against decisions and administrative acts, regulatory or individual takes three months of their publication or notification.
(2) except for public works in full litigation, the Council of State can be entered by way of appeal against a preliminary decision of the administration.
(3) period of less than three months, provided by special texts, must be mentioned in the notification of the decision.
(4) the silence for more than four months on a claim by the competent authority's rejection. This implicit decision opens the appeal of three-month period.
(5) However, in respect of full litigation, an express decision after four months of silence from the administration reopens the appeal period.
(30 6 °) the request made before the expiry of the administration's response is however admissible once the judge rules after the expiry of that period.
(7) if the administrative authority is a deliberative body, the aforementioned four-month deadline is extended, if necessary, until the end of the first legal session following the filing of the claim.
(8) the provisions of this article are no exception to the texts which have introduced special deadlines for another term.
Art.138 - The administrative appeal or action in time to appeal before an incompetent Court extends deadlines of such remedies.
Art. 139 - Schedule of appeal above are increased if there is place, time of distance in the conditions laid down by article 129 of the Code of Civil Procedure.
Paragraph IV of the statement art. 140 - The President of the Council of State, upon registration of the request, distributes the files between the different rooms.
The concerned Chamber President immediately appoints the rapporteur chose among the advisors called to sit which, under its authority, shall be responsible for the investigation of the case.
After checking the existence in the record of the parts necessary for the judgment of the case, the rapporteur proposes measures and investigative action that it considers useful for the proper administration of justice.
Art.141 - The Chamber President orders the production of the applications to the defendants. The circumstances of the case, it sets the time within which the different parties to assert their means and conclusions. Mention of this decision is carried in addition to the query.
However, in case of need, a new deadline may be granted on request.
Fault for the Administration or the parties to provide their conclusions and means within the time limit, a formal notice may be addressed to them on the Chamber Chairman or rapporteur Advisor, formal statement by the House Clerk telling them to complete their file within ten days following notification of the injunction.
If demand remains without effect, the Court shall rule. In this case, if it is the 31 defendant who did not observe the deadline, it will be considered having agreed to the facts in the appeal; where the applicant, the Court will enjoy depending on the circumstances if this failure to comply means its share withdrawal.
Art 142 - The parties or their representatives may take knowledge, in the registry room, but without moving, parts of the case that are not produced in duplicate under paragraph 3 of article 134.

In case of need, the Chamber President may authorize parties and experts to receive, against a receipt, communication of these pieces.
Art.143 - The notifications and warnings relating to the statement and judgement business are carried out by the House Clerk in the administrative form or by registered letter with acknowledgement of receipt or certificate of fitness.
Art.144 - The delivery of notifications is observed: by a receipt dated and signed by the receiver, if the notification 1. is made in person or at home; by the notice of receipt or the certificate of delivery of mail in case 2. notification by letter recommended.
Failing receipt, minutes of notification is prepared by the officer who made it.
The receipt or the minutes is immediately passed on to the sender of the court registry.
Art. 145. the statements of defence are filed with the registry in the conditions laid down by articles 130 and following of this Act and within the time allowed by the Chamber President.
They shall be notified to the domicile of the applicant in the same form as the applications.
Art.146 - In the period following the notification of the statements of Defence established by the Chamber President, in accordance with the provisions of article above, the applicant may file a brief in response, the defendant can then produce a memorandum in reply or new observations in defence in the time they will be given in the conditions.
These two acts are filed and notified as the statements of defence.
A demand letter may exceptionally be made to the part that will have not observed the deadline in conditions and under the sanction laid down in article 141.
32 art 147 - them being questioned or the guarantee call are introduced or notifi es in the same shape as the main demands and can be ordered by the Court Office.
Art - 148 queries and submissions registered in the registry of the Court are exempt from stamp duty.
Art 149 - When the case is ready to be tried, the rapporteur drafts a report. The folder with the report is given to the Chamber President who forwards it immediately to the Commissioner of the law for his enlistment.
Art 150 - When it appears in the light of the motion that the solution of the case is already certain, the President may decide that there is not place to statement and refer the case to the Law Commissioner.
Paragraph V of the hearings Art 151 - the Council of State hearings are public, except with respect to claims relating to taxes and taxes.
The role of each hearing is stopped by the Chamber President on proposal of the Law Commissioner.
Art 152 - All the parties must be notified by notice sent to their home or their agent or d efenseur, as appropriate, of the day when the case will be called at the hearing, ten days before the hearing.
Art - 153 parties can pr present oral submissions in support of their written submissions. They come after the reading of the report on the case.
If the parties present new conclusions, the Court cannot admit them without ordering further submissions.
The Commissioner of the law makes oral conclusions on all cases on the docket of the hearing. Those conclusions close investigating the case.
Art - 154 are applicable to the holding and the hearings of the court police, as well as offences that might be committing, the provisions in force before the courts.
33 under Section II of paragraph I of the Art 155 expertise investigative measures - the Court may, either d ' office is on the request of the ', interlocutory, one of the parties, order that expertise on the points determined by its decision will be made.
Art 156 - The Court decides, following the nature and the circumstances of the case, if the expertise will be made by one or by three experts.
In the first case, the expert is appointed by the Court, unless the parties agree to do.
If the expertise must be entrusted to three experts, one of them is appointed by the Court, and each party is called upon to designate his.
Art 157 - When the parties n ' will not designated in advance their experts, they must do so within the period of eight days from the notification of the decision ordering the expertise, otherwise the designation will be made automatically by the Court.
Art 158 - The d legal decision which orders the expertise sets the object and appoints experts who, if there is one, must take the oath before the Chamber.
In addition, the Court fixed the period in which the experts are required to d dropping their report to the registry.
Art 159 - The designated expert can be challenged by one of the parties.
The challenge must be requested within eight days of the notification of the decision which has designated the expert.
The Chamber shall decide emergency on the recusal request.
Art 160 - The Registrar address experts an exp edition of the decision that appointed them and invites him, if it is necessary, to appear before the Court to take an oath.
Art 161 - The parties are notified by the experts, day, and hour to which the expertise will be made.
This notice them is sent ten days at least beforehand by registered letter.
Art 162 - where an expert does not accept the mission entrusted to him, he is designated another in its place.
34. the expert who, after taking oath or accepted his mission, does not, or who do not report in the fixed period d, can, after being heard by the Court, be sentenced to all fees unreasonable and even to damages.
The expert is also replaced if there is place.
Art 163 - If there are several experts, they carry out operations from their mission together and draw up a single report. Where they are different, they indicate the opinion of each of them and the reasons in support.
Art 164 - The comments made by the parties during operations must be recorded in the report.
Art 165 - The report is epose to the registry of the Board concern ee. He is accompanied by a number of copies equal to that of the parties to the dispute with a separate interest, plus one. The parties are invited, by a letter of notice, to remove the copy that is intended for them and provide their comments within a period of fifteen days which can be extended.
At the expiration of this period, he came in addition to the judgment of the case.
Art 166 - experts join their report a status of their vacations, costs and fees.
The liquidation of these fees and taxes are made by the President of the Chamber in accordance with the civilian rate and after the decision on the merits. Notice is given to the experts and parties, who can challenge them in the period of eight days before the Court.
Art 167 - if the Court is not in the report from sufficient clarification, it may order that the experts compared itront in front of her and pr esence of the parties to provide explanations and information.
In any case, the Court is obliged to follow the advice of experts.
Art 168 - in the case of ' emergency, the speaker of the House will have the Faculty application: to appoint an expert to find facts that would be likely to 1. disappear or to motivate a claim before an administration; with the exception of disputes involving the security and public order, 2. to order interlocutory steps emergency, without that however is it only possible pr to the main, or obstacle to the execution of an administrative decision.
The request will be immediately notified to the potential defendant with 35 setting a response time.
Paragraph II of the 169 Art site visits - the Court may, when it deems it necessary, order it will ship or its President, one or more of its members will ship on the scene to make the findings and audits determined by its decision.
The parties are notified by a notification made in accordance with article 143, the day and time to make the visit to the premises.
The Court or the members designated by it may, during the visit, hear as information, all people and make all operations deemed useful in their pr esence.
It is a report, which is tabled for eight days at the registry of the Chamber drawn up. The parties in are informed in the administrative form and can read it and comment.
Site visit fees are included in the costs of the proceedings.
Paragraph III of Art - 170 the Court investigations may, either at the request of the parties or d ' office, order an investigation into the facts including the finding seemed useful in the investigation of the case. The judgment which ordered the investigation tells the facts on which she should wear and decides, depending on the case, if it will take place either in the Court in a public hearing, either before a magistrate who will be designated by it for this purpose.

Art 171 - Can be heard as witnesses the parents or alli es online direct from one of the parties or their spouses.
All other persons are admitted as witnesses except those which the law or judicial decisions have declared unable to testify in court.
Art - 172 defaulting witnesses are sentenced by the Court or the judge delegated to a fine which cannot exc eder 50 000 Fmg or 10,000 Ariary. In case of recidivism, they are fined who cannot exc eder 100,000 Fmg or 20,000 Ariary and the Chairman or the Deputy magistrate may issue a warrant of arrest against them.
However, in case of valid excuses, the witness may, after his deposition, be released from convictions handed down against him.
36. If, for serious reasons, the witness cannot appear, the President or the Deputy Magistrate can commit to hear him a magistrate. It can be also replaced in his absence by a written statement.
Art - 173 the witnesses are heard separately, both in the presence and in the absence of the parties, after having been warned of the penalties for perjury. Each witness, before being heard, declined his name, first names, profession, age and remains, if he is related or allied direct online or spouse of l ' one of the parties, whether it is domestic or servant of one of them. It's barely a nullity, the oath to tell the t v. Individuals who do not have the age of 18 are not allowed to take the oath and can only be heard only as a information.
Art 174 - in the case where the investigation takes place in a public hearing, the Clerk shall minutes containing date, the day and time of the inquiry, the mention of the absence or the presence of the parties, name, first names, profession and domicile of witnesses, the oath by them ready or causes that have prevented them to lend, statements incidents that grew during the investigation and the d decisions which they were subject. This record is President.
Art-175 in the case where the investigation is assigned to a delegate, a record which indicates, in addition, the place of the investigation is made in the same form.
It is given to each witness reading of his statement and the witness sign or mention is made that he doesn't know, can't or doesn't want to sign.
Art - 176 the witness will drop unless it is allowed to read any written project. He can do his testimony such changes and additions that interesting, although his statements without that initial eclarations, its d as they were transcribed in the minutes, to be changed or deleted by the investigator.
His statement and the changes and additions, if any, will be read to him and shall be signed by him, by the President or by the delegate, and by the Registrar.
Failure of these procedures will result in nullity.
Art.177 - The minutes of the investigation is deposited at the registry of the Court.
Upon receipt, the parties are notified by a letter ' they can take knowledge to the registry within a period of eight days.
Art 178 - Evidence to the contrary is right. The Court or his delegate determines the time in which the red team will be started. The above rules apply to the red team.
Art 179 - if the witnesses require tax, the tax is set by the President or the investigator under the civilian rate.
37 art 180 - When the Court ordered an investigation before ruling on the validity of elections that are contested in front of her, the time within which it must rule on the claim is fixed by legislation relating to these elections.
In this regard, investigations are made free of charge and without citation, and witnesses may require tax.
Paragraph IV of the interrogation Art 181 - the Court may, either d ' office, either upon request of the parties, order that the parties or one of them will be questioned, either in public, in the Council Chamber, or in any other place specified.
The parties are given oath.
Minutes of the interrogation must be drawn up and deposit must be made to the registry which proceed as provided in article 177.
Paragraph V of verification of Scripture Art - 182 the Court may, either ex officio or at the request of the parties, order an audit of Scriptures in the presence of the President or one of the members of the court designated for this purpose.
The audit is made by one or more experts appointed by the Court.
The decision ordered that ece IP check will be filed at the registry of the Court after soon as its State will be found and that she will be initialled by the parties or their agents as well as by the Registrar, which will be required to draw up minutes.
Paragraph VI of the registration of fake Art 183 - the party wishing to register against a play produced in the proceeding, saying that by a request addressed to the Court.
It shall fix the time in which the party who produced this piece is required to declare if it intends to use.
If the party States that it does not intend to use the pi ece or does not return, the part is rejected.
The party States that it intends to use the room, the Court may, either suspend 38 rule on the primary instance until after the judgment of the forgery by the competent court, decision on the merits if it considers that the decision is not impugned fake piece.
Under Section III of paragraph I of the interlocutory applications Art - 184 are incidents applicable to interlocutory applications the rules established by this Act for the main demands.
Art 185 - The interlocutory applications will be judged by prior. However, the Court may, if it is necessary, order that they will be attached to the main for there be ruled by the same decision.
Paragraph II of the applications for stay of execution Art 186 - appeal against an administrative decision suspends not the execution if it is otherwise ordered by the Court in exceptional cases.
The conclusions at end of sentence should be: Express; presented by distinct request;   and subordinate to the existence of an application for annulment of the contested decision .
In no case the stay may be ordered enforcement of a decision, order, security or public peace.
Art 187 - The request for stay of execution of an administrative decision must, on pain of inadmissibility, be filed in the registry within a period of 48 hours after the notice or knowledge of the decision.
Art 188 - The statement of the stay application continued emergency unless there is reason to expect the comments of the defendant.
The Court shall rule within a period of three days.
The judgment of the Court is notifi ed to the parties involved as well as ' the author of the decision within 24 hours.
Art 189 - The effects of the decision, subject to the stay application, are suspended at 39 from the date of the filing of the application until notification of the judgment of the Court.
Paragraph III of intervention Art 190 - anyone who has interest may intervene in the proceedings. This intervention is formed by the query that contains the means and the conclusions, which shall be given a copy as well as supporting documents. It is notified to the parties in the form prescribed for the main demands.
Paragraph IV of the Art 191 - withdrawal withdrawal can be done by simple declaration signed of the interested party or his representative and filed at the registry.
The trial costs are then put the responsibility of one of the parties by the President of the Chamber.
Paragraph V of the peremptory Art 192 - challenges can be made for accepted cases and according to the procedure in force in the civil courts.
Under Section IV of the rules of the Art 193 records - Court deliberating without the presence of the parties. She takes its decisions by a majority of the votes of the formation of the Court.
Art 194 - Stops are motivated. They mention that he ruled in public or not public hearing and rendered contradictory or not. They contain the names and submissions of the parties, the visa of the main parts and the legislative and regulatory provisions which shall apply, mentions that the parties or their agents and the Commissioner of the law were heard, the reasons for the decision and the names of the members who competed there.
The stops are placed on a register kept specially for this purpose and initialled by the Chairman, the rapporteur and the Registrar.
Art 195 - Stops are made "in the name of the Malagasy people". Originals and shipments of these decisions are the following binding formula: "the Republic of Madagascar request and ordered the Department of..., to other public authorities and all judicial officers in this required regarding common legal remedies against private parties to provide for the execution of the present judgment.
40. it is forbidden to the House Clerk to issue copy or shipping of the judgment before it was signed by the members of the formation of the Court and the House Clerk.

Art 196 - Minute of court decisions is kept in the registry for each case, with correspondence and documents relating to the statement.
Parts that belong to the parties they are provided on r ecepisse unless the Court has ordered that some of these pieces remain attached to the decision.
Art 197 - The decisions of the Court are enforceable by themselves.
Art-198 l egislatives unless regulatory opposites, the judgments or orders for interim measures shall be notified by the Registrar to all the parties involved to their address in the forms provided for in article 144. without prejudice to the right of the parties to serve such judgments or orders by exploits of bailiff.
Additional shipments of the judgments or orders can be issued by the Registrar if it is required.
When the notification must be made to the State, the expedition must, in all cases, be addressed to the Minister which depends the administration concerned.
Art 199 - All of the judgements of the Court are exempted from the registration fee.
Under Section V of the paragraph I of the Art 200 opposition remedies - non-contradictory decisions of the Council of State may be contested by way of opposition.
The opposition must be filed within the period of one month from the notification of the judgment.
She has no suspensive effect.
Art 201 - Are regarded as contradictory rulings on the motions or briefs in defense of the parties, even though the parties or their agents have not presented oral observations at the hearing.
Similarly, after expertise, the parties will be bound to take knowledge of the expert report, and to conclude. The judgment in this case is deemed contradictory 41 for the two parties and cannot be the subject of opposition.
Art 202 - When demand is made against two or more parties, and that one or more of them did not defence, the Court shall stay proceedings on the merits, and commanded the faulty parts will be notified of the stay by a notification made in accordance with article 143 and invited back to produce their defense within a period fixed. After the expiry of this period, it is ruled by a single decision that is subject to opposition on the part of any of the parties.
Art 203 - L ' objection is made by written statement received in the registry the Chamber which ruled.
This statement is recorded at the registry of the same room. It must include: (1)) the name and domicile of the opponent, (2)) the date of the judgment under appeal (3)) the name and address of the other party, (4)) the means and findings.
This opposition is notified by the Registrar to the interested parties.
Art 204 - L ' examination of the opposition will be carried out under the conditions laid down in articles 140 and following of this Act.
Art 205 - In case of withdrawal, mention shall be made by the clerk in the margins of the decision under opposition.
Paragraph II of the appeal and of cassation Art 206 - the Council of State rules on appeal or cassation according to cases pr evus by the legislation in force on the d decisions rendered by administrative tribunals and administrative bodies of a judicial nature.
Art 207 - Appeal or appeal in cassation must be brought within a period of 15 days of the notification or the meaning of the judgment or decision attacked anyone or elected domicile away from foreclosure.
Art 208 - On sentence, the appeal must be made within a period of three days from the notification or the meaning of the judgment.
The State Council shall decide on the suspension within a period of seven days.
Art 209 - L ' appeal is by written statement recorded at the registry of the Court which ruled. The appeal in cassation is filed in the same forms to the 42 office of the State Council.
The Act of appeal or cassation must contain: (1)) the name and address of the appellant or the applicant to the Supreme Court, (2)) the date of the judgment, (3)) the name and address of the defendant in case of appeal or cassation, 4 °) the conclusions and ways.
Art 210 - File, including the judgment, is transmitted by the registry of the Court which ruled on the Registrar of the Court of appeal or cassation.
Art 211 - Appeal and appeal in cassation are not suspensive except for stay of execution in case the stay was ordered by the Court.
Art 212 - Notification of l ' appeal or appeal in cassation is carried out EA by the House Clerk.
Art 213 - The procedure and the statement of appeal or appeal in cassation are carried out in the forms of articles 130 and following of this Act. It will be only admitted, however, that a double exchange of submissions between the parties.
Art 214 - Appeal or cassation, no new request is allowed. The parties may on this occasion seek compensation for the damage suffered since the judgment of appeal or cassation.
Art 215 - Any party may intervene in appeal or cassation by simple conclusions as it justifies a right aggrieved by the judgment.
Art 216 - in the case of ' appeal appeal jug e dilatory or abusive against a judgment, the appellant or the applicant in cassation incurs a fine imposed by the Council of State, which cannot exceed 200,000 fmg or 40,000 Ariary, without prejudice to the damages which may be claimed.
Paragraph III of the third opposition Art 217 - anyone can train third party opposition to a decision that is prejudicial to his rights and that neither she nor that it represents have been called.
Art 218 - the third contradiction is formed according to the rules established for the applications.
Art 219 - The deadline to apply is 30 days from the date on which the third party had knowledge of the decision adversely affecting him.
43. it cannot be exercised after a period of four years after of the rendering of the decision.
Art 220 - the third contradiction has effect only with respect and for the benefit of the third party. The contested decision maintains l ' authority of res judicata between the primitive parties on everything which is not prejudicial to the third party. She has no suspensive effect.
Art 221 - the Court before which the contested decision was produced can, depending on the circumstances, also stay the ruling or suspend the execution of the decision.
The party denied the third-party is condemned to a fine not exceeding 200,000, fmg or 40,000 Ariary, without prejudice to damages possible.
Paragraph IV of the application for review Art 222 - judicial review against the decisions of the Court is admitted: If the decision has been made on false; 1 parts. If there was fraud personal during the investigation of the case; 2. If the part was convicted due to lack of a decisive piece that has 3. was retained by his opponent.
Art 223 - Judicial review is introduced by request within a period of a month where either fake or fraud have been recognized or discovered pieces.
Paragraph V of the application for rectification of a material error Art 224 - when a decision of the Court is an error material likely to have exercised an influence on the judgment of the case, the interested party may appeal, that Court, a for correction.
The appeal shall be submitted in the same form as those in which the original query is introduced. It must be filed within the period of a month which runs from the day of service or notification of the decision whose correction is requested.
44 paragraph VI of the application for interpretation Art 225 - the application for interpretation, of asking the meaning and scope of a decision made by any administrative jurisdiction, is introduced in the same forms as the applications.
Under Section VI of Art 226 costs - any losing party to pay the costs. Due to the circumstances of the case, the costs may be offset between the parties.
It takes place in electoral matters in no order for costs.
Costs may include the costs of expertise, inquiry and other investigative measures.
Art 227 - The assessment of costs is made, if it is necessary, by the decision which rules on the dispute.
Art 228 - if the Bill of costs is not submitted in due time to the Court, the liquidation is made by order of the Chamber President.
Under Section VII of the execution of the decisions Art 229 - the judgment is notified by the court registry to all parties, without prejudice to the right meaning by bailiff.
Art 230 - The judicial decision made last spring or that which n ' is more likely to remedy carries force of res judicata.
Art 231 - Turning decisions condemning the administration, enforcement is carried under the conditions specified in article 195 above.

Complying with a final decision by an administrative court, the Council of State may, on request of the ' interested, pronounce a penalty against legal persons in public law or the bodies of right priv e responsible for the management of a public service to ensure the enforcement of this decision, and this regardless of the damages.
The terms of this measure will be fixed by Decree.
45 regarding decisions condemning private parties, the judicial officers in this required will be responsible to provide for enforcement of such judgments.
Art 232 - If the judgment or the judgment is not executed by the party who succumbed in the proceedings, the other party may return before the Council of State for damages and, until the execution of the judicial decision in question.
SECTION II in material CONSULTATIVE Art - 233 the Council, all rooms combined, and with the participation of Commissioner General of the Act, issues an opinion on the request.
This opinion is notified in the administrative form to the public authority concerned.
Art 234 - Thus issued notice binds in no case the Council of State in its contentious powers.
Art 235 - in application of paragraph 5 of article 129 of this Act and education on legislation on l ' organisation, operation and public service missions, the Council of State is entered in the same conditions as those referred to in article 129 paragraph 7 above.
Art 236 - The President of the Council of State and the Commissioner General of the law refer, each in what concerns, call es judges composing the Committee of studies and reflection for the work referred to in the previous article.
When needed and depending on the material, experts may be designated to complete this Committee.
The rules of application in will be fixed by Decree.
Title IV of the conflicts of COMPETENCE between the judicial courts and administrative chapter I PROCEDURE APPLICABLE to conflicts of ATTRIBUTION positive art. 237 - When an administrative authority that knowledge of an issue brought at first instance or on appeal before a Court of the judiciary is attributed by a legislative provision to a jurisdiction of the administrative order, it may, so even that the administration would not be in question, request that the case before the court administrative comp easing. For this purpose, it intended to the public prosecutor or the Attorney General, as the case may be, a declinatory memory of competence in which is report ee available l commentator who assigns 46 to the administrative jurisdiction of the knowledge of the dispute.
The Prosecutor (or Prosecutor) made known the request formed by the administrative authority in all cases to the Court; It requires removal if the claim is based.
Art. 238. once the Court ruled on the objection and within five days following judgment or the judgment, the Prosecutor of the Republic, or the Attorney General, address to the administrative authority by fold recommended with reviews of reports, the copy of its case and the judgment on jurisdiction.
Sending and receipt dates entered in a register opened for this purpose.
Art. 239 - If the eclinatoire d is rejected, the administrative authority may raise the conflict if it is based, within thirty days of the r receive the copy of the judgment or the judgment on jurisdiction. The conflict can be high in this period even though, before its expiry, the tribunal had in addition to the judgment on the merits.
The order by which the administrative authority raises the conflict and claims the cause must be the judgment or the judgment dismissing the objection; He must be motivated. If the objection produced at first instance is allowed and if a party appeals, the Public Prosecutor to the Court of appeal in accordance with the requirements of the second paragraph of article 237 above, made known to the national court, which must be first decided by judgment or stop separate on the jurisdictional issue, claim and the terms of the objection of the administrative authority. In case of rejection of the objection by the Court of appeal, the administrative authority may raise the conflict in the conditions, forms and deadlines prescribed in the first two paragraphs of this article.
Art. 240 - Where the administrative authority has raised the conflict, must make deposit at the registry of the Court, against r ecepisse issued without delay and free of charge, or send by registered mail with notice of receipt, order and affected parts. The date of filing or reception is on the register provided for in article 238.
If within the period of thirty days prescribed in the first paragraph of article 239 the decision of the administrative authority is not received at the registry of the Court, the conflict can no longer be brought before the Board.
If the order came to the registry in good time, the clerk hands it immediately to the public prosecutor or the Attorney General who shall forward it to the Court in the Council Chamber and requires that any judicial proceedings be stayed.
Art. 241. after the communication above, the order of the administrative authority and the parts recovered in the registry, where they must remain deposited for ten days. The Prosecutor of the Republic, or the Attorney General, told on the parties or 47 their lawyers who, in the same period can communication, without moving and back to the Prosecutor's office their observations on the issue of comp etence with all supporting documents.
Art. 242 - The Prosecutor of the Republic, or the Prosecutor General, the Attorney General shall immediately inform the Supreme Court of these formalities and forwards at the same time the objection and the judgment or competence, the Decree of the administrative authority raising the conflict, his own observations and those of the parties, if it is necessary, as well as any attachments. The date of sending is registered in the register referred to in article 238-on.
The Attorney General Supreme Court, without delay, transmits these documents to the Registrar of the Court, which saves them in turn.
Art. 243. within five days of arrival at the registry of the Supreme Court, orders of conflicts and parts are reported under slip to the Minister the function of which is the service to which the dispute relates. The date of this communication is the book of record of the conflict.
In the two weeks following the communication, the Minister must provide observations and documents it considers useful on the jurisdictional issue and restore the registry of the Court provided parts. The two weeks time may however be extended exceptionally, by decision of the first President at the request of the Minister.
Art. 244. the parties or their lawyers, are allowed are to take to the registry communication parts and the comments by the Minister, without moving, within the period of ten days after their recovery and their production. After that, the file is forwarded by the Chief Clerk to the rapporteur appointed by the first President.
Art. 245 - The plenary Assembly of the Supreme Court confirms cancels the order of conflict of the administrative authority or, where appropriate, notes that there is no place to decide. When it deems that the conclusions covered by the order of conflict were not within the jurisdiction of the courts of the judiciary, it confirms the order and declares null and void the judgment rejecting the objections to jurisdiction and the summons of instance.
When on the contrary, it cancels the order of conflict of authority administrative, as unfounded or a vice that is substantial in the proceedings of the conflict, the Court before which it was raised is again seized and the procedure is continued normally. However in cases where the order of conflict is cancelled e at the rate of a substantial procedural defect, the decision of the Supreme Court does not prevent that the administrative authority will again decline the jurisdiction of the judicial authority and raise the conflict.
Art. 246 - Conflict d ' attribution can never be high on criminal 48 regarding public action.
It can be high in corrections only in case the repression of the crime is attributed by a l legislative provision to the administrative jurisdiction, or when the judgment to be rendered by the Court depends on a preliminary question, which knowledge belongs to the administrative court under the Act. In the latter case, the conflict may be high on the question.
Art. 247. the conflict of attribution may never be high after the judgments last spring or acquiescés, or after final judgments.
Chapter II PROCEDURE APPLICABLE to conflicts of ATTRIBUTION negative art. 248 - The plenary Assembly by introductory document proceedings of any leave interested:

-When a Court of law having retained jurisdiction, the conflict is raised by the Direction of Legislation and litigation at the request of the administrative authority concerned;
-When one of the rooms having been entered, one parts or the Commissioner General of the law or his representative formulates conclusions disputing the jurisdiction of the Administrative Court;
-When referred to final decisions on the merits made by courts and tribunals in proceedings simultaneously or successively before both orders of courts for disputes on the same object, when these decisions present frustration leading to a denial of justice.
Art. 249 - When the case interested in administration, so that it is not in question, the appeal may be filed by the Minister the function of which is the public service that the case concerned.
Art. 250 - Recourse may be exercised by the Minister of Justice, when the finding of incompetence is, on the one hand, the administrative court and, on the other hand, a court ruling in police or correctional.
Art. 251 - Queries and, later, the statements of defence, must contain election of domicile residence of the Supreme Court.
They must be accompanied, for communications, consistent copies certifi ed by the parties or their lawyers, or by the Ministers as appropriate; If these copies have not been produced, the Chief Clerk of the Court puts the interested party 49 notice to produce on pain of inadmissibility of such submissions and queries.
Art. 252. in the five days of the ' record of the use of the registry of the Supreme Court and a summary of the designated rapporteur, the first President ordered their communication to interested parties and set the deadline given to them in the circumstances of the case and the distance, pure provide their defenses.
Within this same period, interested parties and Ministers may take communication of the productions of parts at the registry of the Court, without moving.
The various communications and notifications and warnings, related training and judgment, are performed by the Chief Clerk of the Court in the administrative form, or by registered letter with acknowledgment of receipt or certificate of fitness. Their dates are recorded in the book of record of the conflict.
Art. 253 - Parties or Ministers, authors of the appeal, re receive immediately the statements of defence communication and can respond within the time fixed by the first President. Notification of the replicas is without delay is made to the defendants. After that, the file is forwarded by the Chief Clerk to the rapporteur appointed by the first President.
Art. 254 - The Chief Clerk of the Court shall send to the party which n ' was not produced within the time it allotted a demand letter d ' have to do in d period of ten days. a new deadline may be granted by the first President in the case of justified recognized prevention.
If demand remains without effect or the assigned deadline is not observed, the plenary Assembly of the Court ruling. She can keep for constant not denied facts.
Art. 255 when on appeals referred to it pursuant to l ' article 248 above, the Court finds that there is a negative conflict, she cancels the judgment or l ' judgment of the Court which declined wrongly jurisdiction and refer the parties before this Court.
50 chapter III PROCEDURE APPLICABLE to appeals against DECISIONS final made on the same subject by the courts of the judicial order and the administrative order, where they present ANNOYANCE resulting has a denial of JUSTICE art. 256 - The following provisions concern remedies pr evus in the last paragraph of article 246 above-referred.
Art. 257. articles 248 and 249 and 251 to 254 above, shall apply to appeals by application of this chapter.
Art. 258. on disputes that are d eferes under the pr esent chapter, the plenum of the Supreme Court judge at the bottom with respect to all the parties involved; It also decides on the costs of proceedings continued before both orders of courts.
Chapter IV PROCEDURE for referrals by the judicial courts or administrative court conflict art. 259 - The Secretary, or the clerk of the Court shall draw up without delay, an expedition of the decision, judgment, or l ' stop pronouncing the reference, with all the parts of the procedure, to the Chief Registrar of the Supreme Court Rd, who records them.
At the same time, parties are informed by the care of the Secretary or clerk of the Court that ordered the reference, by registered letter with advice of delivery, this transmission, which seizes the Court of conflicts.
Art. 260. within five days of the recording in the registry of the Supreme Court and a summary statement of the rapporteur designated, the President first ordered the communication to the parties to the order for reference, that Court and fixed the deadline granted to provide their conclusions on questions of jurisdiction, with all documents that they consider useful.
The parties may take, or take communication of productions at the registry of the Court, without displacement, within the same period as that charged for their conclusions.
The various communications and notifications and warnings relating to the statement and judgement, are performed by the Chief Clerk of the Court in the administrative form, or by registered letter with notice of receipt or certificate of fitness.
51. their dates are recorded in the book of record of the conflict.
The provisions of articles 251 to 254 above, the negative conflict, are applicable to the procedure of conflict on references, the purpose of this chapter.
Art. 261 - Notification of the conclusions produced by each of the parties is immediately made to all other parties. After that, the file is forwarded by the Chief Clerk to the rapporteur appointed by the first President.
Art. 262 - If the plenum of the Supreme Court, seized by the judge that the Court by which it was seized is not jurisdiction of the action or the exception at issue, it cancels all decisions, judgments or contrary judgments, on the question of jurisdiction, courts of both orders as appropriate and refers the parties to appeal to the Court as ' she recognises competent or is declared incompetent wrongly.
When, on the other hand, considers that the author of the reference jurisdiction is jurisdiction to hear the action or the exception which is the object, she pronounced the cancellation of the decision, judgment or the judgment of the Court that ordered the reference, which is then again seized and in front of which the procedure is normally resumed and continued.
Art.263 - The decision of the Supreme Court stood in the positive conflict of powers may be later high on the question considered by this decision.
Title V of the Court of Auditors chapter I Organization and functioning Art 264 - the Court of Auditors is headed by the President and the Commissioner General of the Treasury. They are chosen from the oldest judges in the highest rank of the financial order in post at the Supreme Court.
Art-265 the President stop the Court of Auditors audit programs after notice of the Commissioner General of the Treasury.
It distributes the work between the Presidents of Chamber of the Court of Auditors. It defines the functions of audit assistants referred to in article 292 below of this Act.
He named the experts provided for in article 294 below.
He stops the rolls of the Court of Auditors on the advice of the Commissioner 52 General of the Public Treasury.
The President of the Court of Auditors addresses annually a report of activities to the first President of the Supreme Court.
In case of absence or impediment, the President of the Court of Auditors is replaced by the President of the oldest room in the highest rank.
Art 266 - Commissioner General of the Public Treasury ensures the production of accounts within the regulatory time limits and delays, requires l ' application of the fine prescribed by law.
He proceeds to pre-trial review of the product.
He d refers to the Court of Auditors alleged constituent relationship management operations.
If necessary, it requires the application of the penalty for interference in the functions of public accountant.
He is kept informed of the work of the Court of Auditors.
It presents written conclusions on reports that all must be provided, with parts in support.
It ensures the proper exercise of the Public Prosecutor about the financial courts.
It also monitors the execution of judgments and of decisions of the Court.

Judges exercising the public prosecutor may attend the sessions of the Court of Auditors and make oral submissions. They are present in the commissions or committees set up within the Court of Auditors.
In case of absence or impediment, the Commissioner General of the Public Treasury is replaced by the oldest Public Treasury Commissioner in the highest rank.
Art 267 - the Court of Auditors is composed of rooms which are limited by the rules of procedure.
One room includes: a speaker of house advisers ; listeners.   is assisted by a clerk.
53 art 268 - Judges of the seat of the Court of Auditors are divided per room by the first President of the Supreme Court on proposal of the Vice President concerned and on the advice of the Prosecutor General of the Supreme Court.
Art 269 - Each room assignments are determined by the internal rules of the Supreme Court.
Art 270 - Deliberative training, a Chamber shall rule with the participation of the Chamber President and two advisors.
If so, it is completed by an adviser to another room by order of the President of the Court of Auditors. Other members may participate in the discussions.
Art 271 - the Court of Auditors, serving all Chambers, comprises:-the President; -Presidents of Chambers; -Advisers.
Art 272 - The Office of the Commissioner General of the Public Treasury consists: of the Commissioner General of the Treasury;  of the Commissioners of the Treasury  of the attorneys generals;  of prosecutors generals.  Art 273 - Commissioner General of the Public Treasury, the Commissioners of the Treasury Public and advocates general members attend the hearings of the Court of Auditors serving all chambers.
Art 274 - The Commissioner General of the Treasury and its members attend the hearings of the Court accounts sitting all chambers.
Art 275 - Commissioner General of the Treasury coordinates the activities of attorneys generals and substitutes generals under his authority which are distributed with the various chambers of the Court of Auditors by decision of the Attorney General.
It represents in person or by his lawyers G Board or general substitutes the prosecution of the Court of Auditors.
54 chapter II Art 276 powers - The Court of Auditors considers first and last spring the accounts principal accountants:-State and annexed budgets; -Autonomous Provinces and public bodies are attached; -national public institutions.
For this purpose, it checks the regularity of receipts and expenses described in such accounts.
Art 277 - It shall decide appeals from decisions rendered by the financial jurisdictions in the Autonomous Provinces or administrative bodies of a judicial nature.
Art 278 - the Court of Auditors control the execution of the laws of finance.
To this end, she appreciates: the regularity and sincerity of the consolidated accounts of the authorising officers and the  accounting; the quality of management in the execution of the laws of finance.  she establishes to the attention of Parliament a report and a general declaration of conformity between the writings of authorising officers and accountants of the State.
Art 279 - the Court of Auditors also controls the execution of the budgets of the Autonomous Provinces.
For this purpose, she appreciates the quality of the management and the results of the provincial budget.
It establishes to the attention of the respective provincial councils a report and a general declaration of conformity between the writings of authorising officers and accountants of these public authorities.
Art 280 - The Court of Auditors proc ede to the review of the management of authorising officers of the budget of the State, the Autonomous Provinces and the public national and provincial administrative bodies.
To this end, she likes:-the regularity of the management; -the good use of appropriations;
55 - the performance of public services.
Art 281 - the Court of Auditors control the budget acts of the Autonomous Provinces at the request of the delegate General of the Government with the public authority concerned.
Art 282 - The Court of Auditors control the accounts and management of public enterprises.
She also carries out the control of private law for the management of a system of family benefits or of a statutory scheme of social security.
Art 283 - Are controlled by the Court of Auditors: public institutions to industrial and commercial characters and the 1. companies of the State and the Autonomous Provinces; companies under private law in the which the State and Provinces 2. Autonomous or public institutions of the jurisdiction of the Court of Auditors hold separately or together, more than 50% of the share capital; DNS case where the Council of the Government considers useful, 3 companies. benefiting from a decision of approval for the benefit of which the State and the Autonomous Provinces were granted by their guarantee or financial assistance.
Art 284 - the Court of Auditors assists the Assembl ED Parliamentary, Government and provincial councils in the control of the execution of the laws of finance or of provincial budgets. At the request of the latter, it may conduct surveys or studies on observations contained in the reports of the Court established under the rules of the budget of the State or the Autonomous Provinces.
It can also make studies of economic and financial order or give its opinion on draft texts relating to public finance.
Chapter III of the PROCEDURE Art 285 - Pursuant to article 110 of the Constitution, the present provisions set out the applicable rules of procedure the Court of Auditors regarding: jurisdictional control of the accounts of public accountants; o control of the execution of the laws of finance and budgets of Provinces autonomous o;
56 of the national public institutions and provincial o administrative management control; control of accounts and management companies public o under the State or the Autonomous Provinces; assistance to Parliament, the Government and o provincial councils.
SECTION I of rules General of PROCEDURE Art 286 - the President of the Court of Auditors is assist e by a Chief Clerk, who ensures the operation of the registry and the administrative services of the Court of Auditors.
The Chief Clerk of the court certifies shipments of stops and ensure the notification for accountants.
He delivers and certifies extracts and copies things interesting the functioning of the Court of Auditors.
The Chief Registrar of the Court of Auditors shall, under the control of the Commissioner General of the Treasury, give the record of accounts produced to the Court and of the acts, documents and applications before it, as well as their archiving. It prepares the agenda of the sittings of the Court of Auditors, noted the decisions taken and provides the performance of roles, registers and records.
The President of the Court of Auditors may, in the case of ' absence or impediment of the Chief Registrar, appeal for make up, in a House Clerk.
Each Chamber is assisted by a clerk.
Art. 287 - The Commissioner General of the Public Treasury or the Commissioners of the Treasury Public can inform the authorities competent es of comments report ed by the Court of Auditors and, under the responsibility of the departments public, correspond with the administrations of local authorities and the various jurisdictions.
The Commissioner General of the Treasury Public gives its opinion on Affairs in State registration on the roll for hearing prepared by the President of the Court of Auditors.
He gives his opinion on the programs of audit that the President of the Court of Auditors and the Chamber Presidents intend to establish.
Notwithstanding the stopped program, it may require the distribution of an account layout.
It is consulted for the review of all graceful rebate of some 57 debets handed down by the Court of Auditors.
Art 288 - Commissioner General of the Public Treasury seizes the Court and if there is place, the repressive courts through the Attorney-General the Supreme Court, of all irregular financial transactions carried out by an accountant patent or of fact. It distributes the work between the Commissioners of the Treasury according to their areas of expertise.
Art. 289 - The Court of Auditors serving all Chambers is entered, either by the President on the proposal d ' a speaker of House, or by the Commissioner General of the Public Treasury for the purpose:

to stop the report on execution of the laws of finance and the o statement of compliance; to give an opinion on questions of procedure or o jurisprudence; to rule on questions of jurisdiction of the Court; o to stop the comments and recommendations on the controlled o organizations which are to be included in the annual report of activities of the Supreme Court in accordance with the provisions of article 112 of the Constitution; to review all cases or questions about two rooms to the o less and submitted to the Court as part of its assistance to the Parliament, Government and provincial Council.
Art. 290 - Training all Chambers, advisers-rapporteurs designated by the President of the Court of Auditors pr are their reports before the Court so composed, which shall act by a majority of the votes. In the event, the President has the casting vote.
Art. 291 - Audits and review of business entrusted to the rooms according to their respective competences.
Art. 292 - The speaker of House d designates the rapporteurs responsible for the investigation of cases among the advisers, assisted by auditors.
To this end, agents of the State or decentralized territorial communities can be seconded to the Court of Auditors to assist its members in exercising their jurisdiction under the conditions established by regulation. Stakeholders, known as audit assistants, may exercise any legal activity.
Audit assistants participating in the work of control under the direction and responsibility of the rapporteurs are appointed by the speaker of the House.
58 art. 293 - The rapporteurs conduct, parts and on-site audits and instructions which are entrusted to them. These include, as needed, all inquiries, investigations or expertise.
Art. 294 - The Court of Auditors can use for surveys of technical assistance of experts nominated by the President. If it is public officials, it informs their departments of attachment. Experts are bound by the obligation of professional secrecy.
Art. 295. the authorising officers, accountants, managers of organizations v erifies and the agents of the State, the Autonomous Provinces and the decentralized territorial communities and representatives are required to communicate on their request to rapporteurs all documents and provide all information relating to the management of the services or bodies subject to the control of the Court of Auditors.
The rapporteurs can go to the services and agencies. They have to take all measures to allow them to take knowledge of the Scriptures and required documents and, in particular, parts preparing and justifying the revenue collection, the commitment, liquidation, scheduling and payment of expenses. The rapporteurs are issue copy of the parts required for their control to management or operations involving information technology, the right of communication implies access to all the data and programs as well as the ability to request the transcript in documents directly usable for the purposes of control by any appropriate treatment.
The rapporteurs have access to all buildings, premises and properties whose owners, tenants and occupants, the State and the Autonomous Provinces or other public legal persons and organizations subject to the control of the Court of Auditors; they can check of supplies, equipment, works, and buildings.
Art. 296 - The Court of Auditors is communicate, through the ' intermediary of the Commissioner General of the Treasury, reports of the inspection and control bodies.
Art. 297. after submission of the report to the General Office of the Public Treasury, the President of the Court of Auditors registered l ' consideration of the report in the agenda of the Court of Auditors.
Art. 298. in court, the rapporteur introduced his report before the competent training, or as appropriate, to the concerned House during which, reading is given the conclusions of the General Office of the Public Treasury.
When a member of the Office of the Commissioner General of the Public Treasury will attend the meeting, he presents his findings and takes part in the debate.
59. when it was decided to hear community or managers of the audited body, report, an extract of the report or questionnaire them are addressed prior to their hearing training then deliberates, it makes a decision on each proposal. If it is necessary to proceed to a vote, the Chairman successively gained the vote of each of the advisers and he argues the last.
SECTION II of the PROCEDURE for judicial review of the trial of the accounts of the State, the autonomous provinces and public institutions national and provincial Art 299 - the Court of Auditors judge according to the rules of procedure laid down below: in first and last instance, auditors of Accountants main o of the State, the Autonomous Provinces and public national and provincial administrative institutions; ultimately, the accounts of public accountants under the jurisdiction of the financial courts o and whose judgment or decision is hit appeal.
Paragraph 1 the production of the accounts.
Art. 300 have the quality of major accountants and are, as such, subject to the Court of Auditors, public accountants subject to the presentation of a management account relating to the operations of the State, the Autonomous Provinces or public institutions, national and provincial administrative character, that these operations are carried out directly by themselves or by accountants subordinated es attached to them.
Before their entry into function, accounting must pr eter oath before the Court of Auditors in these terms: "Mianiana aho fa hanatanteraka ny andraikitro antsakany sy andavany ary pahamarinanana araka ny lalana amin sy-am'ny maha mpitam-bolam-panjakana ahy»
Art. 301 - accounts stated sincere and true under penalties of law, dated and signed by the accountants, are presented to the Court at year-end in the forms and deadlines prescribed by the regulations.
These accounts must be in condition review and supported General 60 corresponding parts. After the presentation of the account, it cannot be made no change.
The supporting documents thereto are sent quarterly being managed to the Court of Auditors. Notwithstanding the d default of production of accounts within the time limit, the Court of Auditors may carry out Office judgment of Auditors from the supporting documents. However, discharge can be given to the accountant that after finding the exact resumption of the residue to the following account, in accordance with article 312 below.
Art. 302 - no one can count to others, if this n ' is as heirs or successors, agents or defenders office appointed by the Administration. The always count on behalf of the holder of the job.
Death of the accountant, the duty to account passes to his heirs.
Art. 303 - failure to accountant, the account can be signed only by his heirs or by proxy authorized powers. A public defender is appointed by the Commissioner General of the Public Treasury on the proposal of the Minister charg e of finance to the place of the accountant of Attorney powers or its eritiers h. He can sign and submit the account in their place.
This also applies when the discharge of management will present special difficulties.
The decision appointing the public defender shall set a period for the account.
Art. 304 - except decisions opposites taken for individual cases, accountants replaced during the years or exercise are provided to make an account separate from their management.
It is established a unique account of the year or exercise which is prepared and placed under review by the accounting officer on duty on December 31 or the end of the year.
This account reveals distinctly operations specific to each of the accountants who succeeded in the post during the year or the fiscal year and who remain responsible for their personal management. Every accountant must certify the account by prefacing his signature with a statement to the effect that he appropriates specific operations.
Art. 305 - regulatory texts govern the conditions and limits in which accounts of certain public authorities will be able to do l ' object of an administrative discharge.
61 paragraph 2 of the judgment of Auditors art. 306 - the speaker of House distributes the records and accounts between the advisers-rapporteurs designated; they perform the audit using the last line of the previous account and reviewing parts of revenue and management expenses and the justifications attached.

Art. 307 - upon presentation of an order of the President of the Court of Auditors, rapporteurs advisers can collect the administrations or bodies, all information necessary to their investigation and obtain access to all documents, including those of a fiscal nature. The mission issued agenda which will have a limited period of validity, shall clearly specify the purpose of the investigation.
Therefor, the rules of professional secrecy are not opposable to the magistrates of the Court of Auditors, holder of an order of the President of the Court of Auditors, this last front nevertheless notify the head of department concerned. If no legal provision prohibits the communication of information and parts that may inform the statement of the advisors of rapporteurs, these should be presented to them at their request.
The done to obstruct, in any way whatsoever, to the exercise of the powers given to the rapporteurs advisors of the Court of Auditors is subject of ' fine of 1 million to 10 million francs malagasy or 200.000 to 2.000.000 MGA pronounced by the Court of Auditors.
Art. 308 - education completed, the advisors of rapporteurs transmit the file and their report supported vouchers and struck with comments, to the President of the Court of Auditors, who communicates it obligatorily to the Commissioner General of the Public Treasury, then meets the Court for trial.
Art.309. - The members of the Commissioner General of the Treasury can get on-site as part of their responsibilities in the sea terms to the previous article. their mission orders are established by the Commissioner General of the Treasury.
Art. 310 - the Court appreciates the regularity of the justifications for the operations listed in the accounts.
If it finds irregularities involving the responsibility of the accountant, he directed the latter to prove their correction or produce additional justifications by a provisional judgment which may include disclosure, in charge of reintegration at the registry of the Court.
Art. 311 - the proceedings of the Court of Auditors are not public. L ' 62 final judgment is made in a public hearing.
Art.312. - In the interim judgment, the Court may also set the balance at the end of management and obligation to the accountant to take charge on behalf of the following management. He stops, when the account includes of such operations, the amount of revenue and expenditure during the follow-up period of the last fiscal year in judgment and finds the conformity of the results presented by on behalf of the accounting officer and the authorising officer's account.
Art. 313 - accountants have a period of two months to respond to the injunctions pronounced by the interim judgment, of its notification.
Art 314 - In the case of mutation of accountant, the accountant position is required to give following injunctions concerning the management of its pr edecesseur. It communicates to the latter, a copy of the ' stop and a project of r esponses to satisfy. He then send these responses to the Court of Auditors after acquiescence of the accountant out of function.
Art. 315. - If the accountant meets injunctions formulated by the provisional judgment or product all recognized valid justifications, the Court of Auditors throws the charges she had uttered.
However, because of the obligation that is made to resume at the next management account, remaining fixed in accordance with article 312 above, the accountant cannot be definitively discharged its management when the exact resumption of this remainder is observed.
Art. 316. - If the responses produced by the accountant are not considered satisfactory, the Court confirmed in a final judgment, partially or totally, the charges she had uttered.
However, the Court may, before to decide on a permanent basis, make the same account, if necessary, several interim stops.
Art. 317. - the Court establishes its final judgments if accountants are even, in advance or debet.
In the first two cases, she pronounces their final trade-in d, and if accountants have ceased their functions, it makes a discharge stop which gives hand-thrown all collateral guarantees on their personal property for the benefit of the Public Treasury.
In the third case, it condemns them to pay off their debt. In the light of the judgment of debet, the Minister in charge of finance involves the responsibility of the accounting officer and, if applicable, the appropriate guarantees.
Art.318. - If in the review of accounts, the Court notes the fake or 63 concussions or any other malfeasance, she informs the General Commissariat of the Public treasure that can seize the competent jurisdictions.
Paragraph 3 of the fact management art. 319 - is considered as Manager of fact and required for accountant, any person other than the accountant who, without legal authorization, is would be ingested in the handling of public money or even private funds when these, under the laws and regulations, should be collected and stored by the accountant. Managements in fact lead to the same obligations and responsibilities as regularly described and patent management.
Art. 320 - Ministers, the legal representatives of the Autonomous Provinces and public institutions are required to report to the Minister of finance, all of fact management they discover in their respective services. The same obligation on regulators of such institutions.
Art. 321 - in respect of fact managements, the Minister in charge of finance appreciate if it is possible, and whether to include operations in a patent accountant accounting.
If this integration is not decided or if its execution is impossible, the Minister in charge of finance refers the management of fact to the Commissioner General of the Treasury who appreciates the opportunity to continue.
Art. 322 - at the request of the Commissioner General of the Public Treasury, the Court of Auditors statue on the originating from the Minister responsible for finance. If she's right, she makes a temporary hold on fact management declaration. Otherwise, it makes a judgment of dismissal.
Art. 323 - the Court of Auditors informed the Office of the Commissioner General of the Treasury Public Management in fact revealed by the audit of patent accounts.
Art.-324.-If the President of the Court of accounts, Commissioner General of the Treasury informed, ordered to continue, in the case provided for in the preceding article, the Court finds of fact by interim management, directed the accountant of fact to produce his account and he sets a deadline of three months to respond to the judgment of its notification.
If the person concerned produces his account without any reserve, the Court of Auditors confirms, by final judgment, the declaration of de facto management and statue on the account.
If he disputes the interim judgment, the Court of Auditors examines the pleas and, when it maintenance, on a permanent basis, the fact management declaration, he renews the injunction to account within the same as above.
64. in addition, it is mentioned in the interim judgment, that in the absence of any response from the accountant, it will be decided automatically and definitively toward him, after the expiration of the time limit to contradict.
If, on the expiry of that period, the accountant in fact has not produced his account, the Court of Auditors can condemn him to the fine referred to in article 333 below. Then he can ask, as necessary, as ' a public defender is appointed to produce the account to the place instead of in fact failed accountant and at his own expense.
Art. 325 - if several people at the same time participated in management of fact, they are reported jointly and severally accounting of fact and produce only a single account.
However, depending on the operations that each of them have participated, it may be decided that solidarity will be on all or part of the management of operations.
Art.-326.-on behalf of the management of fact, duly certified and signed, supported by justifications, must indicate revenue, spending and bring out the residue. This account must be unique and encompass all the operations of the fact that management ' it in can be the length.
Without sufficient reasons, the Court of Auditors can supplement by considerations of equity when no infidelity is noted the responsibility of the accountant of fact.
Art.-327.-the management account must be produced to the Court of Auditors with supporting documents. It's jug as patent accounts. Expenses which the public utility has not been recognized are rejected from the account.
Art. 328. in the case of a finding of fraudulent character of presumed under the control of de facto management operations, the Court reserves the right to decide on the admissibility of the referral.
Art.329.-the final provisions of the cases dealing with management of fact are deliberate after hearing, at their request, persons reported accounting in fact.
65 paragraph 4 special provisions

Art. 330 - specific texts can pr evoir financial courts jurisdiction for: the judgment of the accounts of the Autonomous Provinces and the provincial public institutions o; the judgment of the accounts of such institutions according to the rules of procedure o r applicable before financial courts. control of budget acts of the Provinces Autonomes.o the terms of these provisions will be set by Decree.
Art. 331. the clearance of managements indeed, there is the competence of the Minister of finance which decides by bylaw if unduly certain amounts do not exceed 500 million francs malagasy or 100 tapitrisa MGA without prejudice to the application of the provisions of article 310 above.
Paragraph 5 of fines arts. 332 - all patent accountant who did not sound account or who has not provided supporting documents within the time prescribed by the regulations may be fined by the Court that the amount each month of delay cannot exceed the monthly allowance of responsibility to be allocated.
Art. 333 - all patent accountant who has not responded to the injunctions pronounced on his account within the time prescribed by the above article can be fined by the Court that the amount each month of delay cannot exceed one-half of the amount of the compensation referred to in article 332 above.
In the case of ' management of fact, if the elai d prescribed by article 324 above of this Act has not been respected, the accountant may also be fined the maximum amount is equal to one-half the amount of the monthly allowance of responsibility allocated to the accountant who should run the operations in question.
Art. 334 - are also subject to fines pr evues above for delays that are personally accountable: the heirs of the accountant; o the public defender replaced the failed accountant or to his successors o the right to present an account, or meet injunctions; the accountant position responsible for presenting the account with o operations performed by accountants out of functions or 66 meet injunctions on the management of its predecessors.
Art. 335. - in case management in fact did not being prosecuted under article 258 of the Penal Code, the accountant in fact can be condemned by the Court of Auditors calculated fined depending on the duration of use of funds and the amount cannot exceed the total of the sums unduly philanthropists.
Art. 336 - upon conviction to the fine set out in sections 332 and 333 above, the temporary hold the accountant or to persons referred to in article 325-on, sets a deadline of two months to assert their means and warned them as ' in the absence of any response within that period, it will be passed in addition and held office on a permanent basis.
Art. 337. - with respect to l ' fine referred to in Article 336 above, the Court of Auditors, in its interim statement of fact management judgment, shall stay proceedings on the application of the penalty, ruling on this point, on a permanent basis at the end of the clearance of the de facto management.
Art. 338 - fines and other recoveries subsequent to the decisions handed down by the Court of Auditors are assigned to the local authority or the institution concerned, net of any units supporting fees of any kind and those returning to rights holders.
All of these fines are deemed to the debets of accountants as recovery modes, charges and discounts.
Paragraph 6 of the notice art. 339 - the judgments are transmitted by the clerk of the Court of accounts to the Minister in charge of finance for the purposes of notification to the interested parties.
The notification of such cases is performed by writings with request for advice of receipt.
Art. 340 - accountants addressed to the Court of Auditors their responses to interim stops through the Ministry responsible for finance.
Art. 341 - any accountant out of functions is required, until ' that he got his final release, to make known, as appropriate, its new home by registered letter addressed to the registry of the Court of Auditors.
The same obligation to the heirs of the accountant.
Art. 342 - if later refusal of the accountant or his heirs or for any other cause, the notification could not reach its recipient, the clerk of the Court of Auditors address the stop at the town of the last known or said domicile. The representative of 67 State does notify person by a public officer who gains r ecepisse and draws up minutes which copy is sent to the Court of Auditors with the receipt.
Art. 343 - if, in the exercise of this mission, the public official is not the accountant, the above mentioned State representative informs the accountant by an official notice posted for a month in l ' speaker of its offices that a judgment of the Court of Auditors concerning him is filed with its services and will be awarded against a receipt.
Lack of do this at the end of the period of one month, the notification of the judgment will be regarded as having been validly made with all the legal consequences it entails. The r ecepisse of the accountant or, failing, the minutes of the official and administrative certificate of the representative of the State, noting the display must be transmitted promptly to the Court through the Ministry of finance.
Art. 344 - the notification of the decisions of the Court of Auditors to people reported accounting in fact held by registered letter with request for acknowledgement of receipt, addressed by the clerk of the Court to the last known address.
May be required for this purpose, all useful information to the administrative authorities of the place of management as appropriate, and in fact to the authorities responsible for the accountant of fact.
If, in consequence of refusal of the accountant of fact or for any other cause, the notification could not reach its recipient, shall be made to the last known domicile following the procedure established in sections 339 and 340 above.
Paragraph 7 of the execution of judgments Art.345. - final judgments of the Court of Auditors are only clothed with the enforceable formula: "the Republic of Madagascar request and ordered the Ministers of finance and Budget, each which is concerned, to perform the present judgment ex.
Art. 346 - execution of final judgments is the responsibility of the Minister in charge of finance and Budget.
Art. 347 - In case of deficiency, the Commissioner General of the Treasury may require a bailiff for execution of a final judgment.
SECTION III 68 channels of appeal to the Court of Auditors under section I of the call art. 348 - L ' appeal to the Court of Auditors is the only legal way to the place:-of the judgements handed down by courts Financiers; -decisions made under the administrative clearance.
1 - the call to the place of the judgments of the courts financial art. 349 - financial court judgments can be attacked in their final provisions by way of appeal to the Court of Auditors.
The ability to appeal belongs to the accountants or their entitlement to legal representatives of the decentralized territorial communities or public institutions concerned, to taxpayers, the financial Commissioner financial Court, the Commissioner General of the Treasury Public about the Court of Auditors.
The appeal must be brought within the period of two months from the notification of the judgment the appeal has no suspensive effect, unless it is otherwise ordered by the Court of Auditors.
Art. 350 - the request for appeal must be filed or sent in three signed copies of the applicant, by registered letter with request to receive notice at the registry of the Tribunal or of the Commissioner General of the Public Treasury.
The request must contain, on pain of nullity, the presentation of the facts and means, as well as the conclusions of the applicant. It must be accompanied by a copy of the judgment and the documents on which it relies.
Art. 351 - the appeal is delivered by Commissioner financial pr of the financial Tribunal to the Commissioner General of the Public Treasury.
Accounts on which rendered the judgment can be joined on the record use, wholly or in part on the initiative of the financial police station near the financial court or at the request of the Commissioner General of the Treasury.
Art. 352 - the financial court clerk communicates the request to the persons concerned by registered letter with request for advice of receipt within 15 days of the deposit or of the receipt of the request.
69 art. 353 - within a period of three months from the receipt of the request, the respondents can take knowledge of the file at the registry of the Tribunal financial and produce their submissions whose copy is transmitted for information to the interested parties.

Art. 354 - when it is entered, the Court in a judgment of dismissal if the appeal is late or irregularly formed.
If the Court recognizes the admissibility of the appeal, it shall provisionally in fact and in law.
Art. 355. - the Court appreciate if there is place to order the suspension of operation of the judgment under attack at the request of the appellant. She directs the need, the production accounts and all additional justifications.
Art. 356 - L ' judgment is notified to the financial Commissioner and the interested by the Chief Registrar of the Court of Auditors by l ' the clerk of court financial intermediary.
Shipping of the judgment is transmitted to the Department in charge of public accounting.
Art. 357 - at the expiry of the time limit, the clerk of the Court financial address to the court submissions that arrived.
Art. 358. - the Court of Auditors can make several interim ets arr in the place of a petition for appeal.
In a final judgment, she confirm or invalidate the judgment.
Art. 359. - Notwithstanding the provisions of article 339 above, shipping of final judgments is transmitted by the Chief Registrar of the Court of Auditors:-the President and the financial Commissioner of the financial Court concerned; -to stakeholders through the clerk of said court.
2 - The appeal of decisions rendered under the administrative clearance art. 360 - may appeal against a decision made by the Department in charge of public accounting as part of l ' administrative clearance of accounts:-the interested accountant or his successors; -the public legal representatives of communities or institutions; -the Commissioner-General of the Public Treasury or Commissioner financial question 70.
The appeal must be brought within a period of three months from the notification of the decision; It has no suspensive effect unless it is otherwise ordered by the Court of Auditors.
Art.361. - The appeal request must be filed or sent in triplicate by registered letter with notice of receipt at the registry of the Tribunal financial of the location of the accounting position concerned.
The query must under penalty of inadmissibility:-be signed by the person concerned or his agent; -contain the conclusions and ways.
Moreover, she is accompanied by a copy of the decision and the documents on which it relies.
Art. 362 - the financial court clerk informs the interested of the use by registered letter with notice of reports within 15 days the d Academy or the receipt of the request.
It shall without delay forward a copy to the clerk of the Court of Auditors.
Art. 363. - within a period of three months from the notification, stakeholders can take knowledge to the registry Court financial, of all of the attachments to the use and produce their statement of defence.
At the expiration of the time limit, the clerk of the Court financial must provide the appeal record to the registry of the Court of Auditors.
Art. 364. - in accordance with the provisions of article 354 above, the Court of Auditors may pronounce a judgment of dismissal or a temporary stop.
She likes if it is necessary to order the suspension of operation of the contested decision on the appellant's motion.
Art. 365 - expedition of the interim judgment accompanied by application and product submissions is sent to the Department in charge of public accounting, which has three months to answer judgment.
Art. 366 - Department responses are transmitted to the appellant and interested parties through the financial Court concerned.
The latter must, within a period of three months from the notification, file their brief with the clerk.
71 art. 367 - A the expiry of the time limit, the clerk of the Court financial passes to the Court of Auditors the submissions that arrived.
Art. 368. the provisions of article 358 above are applicable to applications for appeal in respect of decisions made under the administrative clearance.
Under section II of the review.
Art. 369 - an accountant in d ebet or his heirs may ask the Court of Auditors the revision of the judgment of layout debet when recovering after the latter.
Art.370. - The Court of Auditors may also proceed to the revision of a final judgment for error, omission, false or double discovered after employment judgment:-officio or at the request of the General Commissioner of the Public Treasury; - either at the request of the Minister responsible for finance as well as representatives of the Autonomous Provinces and public institutions.
Art. 371. - the petition for review must be filed or sent by registered letter with notice of reports to the registry of the Court of Auditors. It must behave, under penalty of inadmissibility, the statement of the facts and means invoked by the applicant and be accompanied by a copy of the judgment and the reasons on which it is based. Two copies must be attached to the appeal. This one is notifi ed by the Public Treasury Office to others who have fifteen days to produce a memory.
The Court of Auditors statue by a unique stop on the admissibility of the action and, if there is place on the merits of the case.
Art. 372 - the review is possible only within a period of five years from the date of the judgment. However, it can be carried out the review after this time when the account was arrested on production of fake coins.
Art.373. - If the application for review is made within the prescribed time and the Court, after training and communication of the folder to the Commissioner General of the Treasury, believes that produced supporting documents allow opening a status review, she makes a judgment of admissibility.
Otherwise, such as when the request has been made out of time, she makes a judgment of dismissal.
Art.374. - The applicant has a period of three months to produce all 72 additional justifications to the revision of the notification of the judgment of admissibility concerning him.
Art.375. - After review of responses or answers, after the expiration of the said period, the Court statue inside. When she acceded to the request for review, she makes a final judgment annulling the contested judgment and orders necessary guarantees to take over the assets of the accountant to ensure the rights of the community concerned.
Art.376. - The review appeal has no suspensive effect.
Chapter IV of the administrative SECTION control PROCEDURE I of the control of the EXECUTION of the laws of finance Art. 377. - as part of this review, the Minister in charge of finance passes to the Court, the draft law of rules supported from the budget documents and accountants planned in this area, no later than four months before the date fix ee for the filing of such project on the offices of the Parliament.
Art. 378. - the report on regulation Bill and the general declaration of conformity are arrested and deliberate in hearing all chambers.
After adoption, notification shall be made to the Minister of finance and the Minister responsible for the Budget.
Art. 379 - when considering a regulation Bill, parliamentary assemblies can accountable to the heads of the Court d ' provide additional information or conduct surveys or studies in the context of assistance to Parliament under the provisions of the articles 418 to 423 below.
SECTION II of the control of the EXECUTION of the BUDGETS of the autonomous PROVINCES art. 380. - in addition, she says after verification, the compliance of the Scriptures of the authorising officer and the accountant of a self-sufficient Province.
Art. 381. - as part of this review, the Commissioner General in charge of the Budget shall forward to the Court supported project of administrative account of the Autonomous Province budgetary and accounting documents provided on the matter no later than six months after the end of the year.
Art. 382 - the competent Chamber, in its hearing presided over by the President of the 73 Court of Auditors attended the General Commissioner of the Public Treasury, stop reports on the draft administrative account and the general statement of compliance between the Scriptures of the authorising officer and the accounting officer of the Autonomous Province.
After adoption, notification shall be made to the general Commissioner for the Budget of the Autonomous Province.
Art. 383. - during the review of the draft administrative account, the President of the provincial Council can ask the Court to provide additional information.
SECTION III of the control of the management of authorising officers of the BUDGET of the State, the autonomous PROVINCES and public institutions national and provincial has administrative character art. 384 - control is performed on-site at the initiative of the Court, on the basis of the accounting records and supporting documents kept by the authorising officer.

Art. 385 - control is sanctioned by a report prepared in accordance with the rules of procedure the Court of Auditors.
Are recipients of the report: the President of the Republic and the Prime Minister, head of the Government o; the supervisors; o regulators; o utilities or agency interesse.o Art.386. - If the Court of Auditors noted irregularities committed by the authorising officer, or reports of gaps in regulations or shortcomings in the administrative, financial and accounting organization, the President reports to supervisors or regulators to remedy.
They are required, within a period of three months, to make known to the court action.
Art. 387 - the authorities concerned are required to respond within three months at the Court of the President of the Court of Auditors.
Amplification of the response is transmitted to the first President of the Supreme Court, the Prosecutor General of the Supreme Court Rd, to the Minister of Justice, as well as the Minister in charge of finance.
Art. 388 - administrative irregularities may be subject of letter of the 74, President of the Court of Auditors or note of the Commissioner General of the Treasury Public report such irregularities to the relevant authorities, asking them explanations in their regard and inviting them to the need to correct them.
If it is not answered or if the response is unsatisfactory, the issue may be brought to the knowledge of the authorities concerned, by interim measures made by the President of the Court of accounts or note of the General Commissioner of the Public Treasury.
Art. 389 - in case it found in its referring mistakes or n egligences that compromised the financial interests of the State, the President of the Court of Auditors may request that disciplinary action be engaged ee against the perpetrators of the misconduct or negligence by the Commissioner General of the Public Treasury.
Demand thus presented sanction against the right accountant or indeed, requires the authority which depends the accountant to take.
SECTION IV of the control of the budget of the autonomous PROVINCES acts art. 390 - if a Province autonomous budget is not adopted at the latest three months after the beginning of the year to which it applies, the Court of Auditors reviewing acts budget of the Autonomous Provinces at the request of the General delegate of the Government in case of:-failure to adopt the budget within the time prescribed; -an absence of real fiscal balance; -of default registration or entrustment of compulsory expenditure.
Art. 391. - when the budget of an autonomous Province is not voted in real balance, the Court, by the delegate General of the Government, see it and offers to the Autonomous Province, within a period of 30 days of the referral, the measures necessary for the restoration of fiscal balance and request to the body is deliberating a new deliberation.
The new deliberation of the deliberative body, correcting the initial budget, must take place within a period of one month from the communication of the proposals of the Court of Auditors.
Art. 392 - when the Court is seized of a motion for the purpose of ordering a new deliberation by the Provincial Council for r property of balancing the budget, she gives straight and proposes the necessary measures within a period of one month from the date of referral.
Art. 393 - A count of the referral to the Court of Auditors and the end of the Procedure, the legislative body may deliberate in budgetary matters, except for the deliberation provided for in the second paragraph of this article.
75 art. 394. - when the budget of an autonomous Province in summer set and enforced by the Executive Director of the Government relating to the same year additional overtime budgets are transmitted by the General delegate of the Government in the Court of Auditors.
Art - 395 enrolled in priority in the budget of the Autonomous Province required for payment of the debts due and such mandatory expenses as provided for by the law.
When one of the expenses mentioned above has not been entered in the budget of the Autonomous Province or has been for an insufficient amount, and at the request of D Delegate General of the Government, of the provincial Council or any person having interest, the Court proposes to proceed with the necessary adjustments. If no recovery Delegate General of government rule and makes the budget enforceable.
Art - 396 A default of entrustment of one of the above expenditure, the authorising officer of the Autonomous Province's proceeds from office within one month of notification of the opinion of the Court by the delegate General of Government.
Art. 397 - in the context of public procurement, where interest on arrears are not mandated at the same time as the principal, including the amount over the threshold set by a regulatory text, the assignee of the expenditure informs accountant the authorising officer and the Director General of the Government in a d period of 10 days following receipt of the payment order.
Art. 398 - in a period of a fortnight d, the delegate General of the Government address a demand letter of entrustment to the authorising officer. D default of execution within a period of a month, the delegate General of the Government proceeds automatically, within a period of 10 days, to the entrustment of the expense.
Art. 399 - however if, within a period of one month there, the authorising officer shall notify a refusal to perform, motivated by a lack of available credit, or if, within the same period, the Executive Director of the Government is this lack, this, within a period of fifteen days from this notice or this finding, seizes the Court of Auditors.
Art. 400 - Delegate General of Government then proceeds to the entrustment of office within 15 days of receipt of deliberation entering credits or its decision setting the rectified budget.
Art.401. - Provincial authorities may at his request pr present orally their observations before the Court when it is seized under the provisions of article 357 above.
76 SECTION V of the control of accounts and management of organizations and companies has the State and the autonomous PROVINCES financial PARTICIPATION art. 402 - under the control of public institutions, the financial statements of the companies referred to in the previous article, established according to the General Accounting Plan and accompanied by all documents financiers and accountants are transmitted to the Court after being approved by the Board of directors or body taking place.
Are also transmitted to the Court: reports and minutes of meeting of the Board of Directors o; the reports of the Auditors of the Government o, or external auditors Auditors; inspection reports, the case echeant.o Art - 403 unless legislation or statutory opposites, the transmission of these documents must be taken in the eight months following the closing of the fiscal year cl. The Minister responsible for finance fixed, if it is necessary, after consultation with the authority whereby falls technical activity of the undertaking concerned, the additional details that in exceptional cases, may be required at certain institutions or societies for the presentation of their accounts.
Art. 404 - controlled companies must keep all supporting documents for their operations, for a period of ten years from the end of the year, for the needs of the control exercised by the Court.
Art. 405 - as part of its control over the bodies referred to in article 411 above - below, the Court expressed an opinion on: their organization and operation; o regularity and sincerity of their statements while offering, o if applicable, the adjustments that it considers should be made; the quality of their gestion.o art. 406 - the report of the Court is communicated to the controlled company.
In a period of one month d, its leader address response, a written submission, approved by the President of the Board of Directors and supported if there are justifications.
Art. 407 - upon given the brief cited in the preceding article, the Court shall adopt the final report and conclusions.
77 art. 408 - the court sends the d final report and findings so established to the guardianship authorities and the controlled company.
Art. 409 - the Court may proceed with the performance control of public enterprises by economic sector.
Art. 410 - failing institutions and leaders of the companies can be ordered to pay fine personally which face public accountants manage accounting positions of first category, in the forms and conditions laid down by article 332 above.
Art. 411 - the above-referred agencies are required to keep for ten years all supporting documents related to their financial operations for the necessities of the audits.

Art. 412 - so, in reviewing accounts of an organization referred to in article 411-above, the Court is fake, abuse of social goods or any other malfeasance, it is rendered account by the first President of the Supreme Court to the Minister in charge of finance and reports to the Minister of Justice, who made the perpetrators before the competent court.
SECTION VI social welfare agencies control art. 413 - social security agencies present to the House a copy of their accounts according to the accounting rules specific to each of them, along with the budget or forecast so States as reports of cash, Bank and portfolio.
Unless legislation or statutory opposites, this presentation takes place in the four months following the closing of the year.
The Minister responsible for finance and the Minister responsible for labour and social laws set, if there is place, further delays which, in exceptional cases, may be required at some agencies for the production of their accounts.
Art. 414 - these documents are accompanied by the reports of the Auditors, the Control Board or the officer in charge of financial control, as well as of the annual activity report approved by the Board of Directors, whenever these reports are required es by the regulations specific to each organization.
Art. 415 - receipts revenue and expenditure are kept at the headquarters of the Organization and at the disposal of the Court of Auditors, for the needs of the audit.
78 art. 416 - the report is communicated by the President of the Court to the Director of the controlled body that responds to the observations within a period of one month by a written submission, approved by the President of the Board of Directors, and supported, if there is one, of justifications.
Art. 417 - the Court stop then the final report whose findings are communicated to the Minister of finance and the Minister responsible work, by the first President of the Supreme Court referred.
Chapter V procedure citizen assistance, the Government and the autonomous PROVINCES art. 418. - the Court of Auditors can perform the same procedure to surveys or studies to assist the Parliament, the Government or the provincial Council in the execution of the laws of finance control or budgets of the Autonomous Provinces in the forms and conditions set out below.
Art. 419 - such missions, the Court is, according to the case, by:-the President of the Senate or the President of the National Assembly; -the Prime Minister, head of Government; -the respective Chairmen of the provincial Council.
Art.420. - The purpose of the missions for which the Court must focus on the comments in its reports as part of the control referred to in article 374 above.
Art. 421 - assignment done ee under the pr provisions provisions may be entrusted to one or more judges of that Court.
Art. 422 - the mission reports are addressed to the heads of institution interested.
Copy of those reports is sent to the Minister of finance or the Minister in charge of the Budget, the Minister of Justice and to the heads of the Supreme Court.
Art. 423 - members appointed by the President of the Court of Auditors may, at the request of the Minister responsible for finance or d ' a Provincial Council, be associated with the work of study groups concerning the control of execution of the laws of finance or the budget of a self-sufficient Province.
79 chapter VI of the report PUBLIC art. 424. - the Court of Auditors addressed to the President of the Republic and present to Parliament an annual report in which it sets out its observations and d shall the recommendations that can be drawn.
Art. 425 - the public report of the Court of Auditors is both on the services, agencies and companies directly controlled by it and on communities territorial, institutions, societies, groups and organizations that OER event of the competence of financial courts.
Art. 426 - the Court of Auditors shall inform the authorities concerned.
Art. 427. - the report of the Court of Auditors, to which are attached the responses of Ministers and representatives of the Autonomous Provinces, local authorities, institutions, companies, groups and organizations interested in, is published in the Official Journal of the Republic of Madagascar.
The deadline for their transmission to the Court of Auditors is two months.
Chapter VII various and transitional provisions concerning the Court of Auditors art. 428 - it is paid to judges and staff to the Court of Auditors part of the debets and fines handed down under the control of the accounts according to the arrangements laid down by Decree.
Art. 429 - records of proceedings pending before the Chamber of Auditors are transferred either to the Court of Auditors, or to financial courts in accordance with their respective powers.
Art. 430 - the modalities of application of this organic law will be established by regulation.
Title VI provisions Art.431. - Stops are motivated. They are texts which shall apply and mention must be: names, first names, qualifications and professions, homes of the parties; 1. the memory products as well as the statement of the grounds and the 2. conclusions of the parties; the names of the judges who made them, the name of the rapporteur being 3.
80 specified; the name of the representative of the Public Prosecutor; 4. the reading of the report and l ' hearing of Public prosecutors; 5. hearing of the parties, eventuellement.6 lawyers.
Mention is made, as appropriate, that they were made at a public hearing.
The original of the judgment shall be signed by the Chairman, the Rapporteur and the Registrar.
Art. 432 - The mention of the cassation judgment is carried in the margin of the original of the broken decision.
Art. 433 - if the Court accepts the appeal for incompetence, it refers the case to the competent court.
Art. 434 - where an application to the Supreme Court will have been rejected, the part which had formed it no longer to appeal in the same case, as any pretext and by whatever means whether title VII Art. final provisions 435. all previous provisions contrary to this organic law are and remain repealed including: order No. 60-048 22 June 1960 with fixation of  proceedings before the administrative tribunal; the Act No. 61-013 of 19 July 1961 establishing the Supreme Court;  order n ° 62-074 of 29 September 1962 relating to the judgment of the  accounts and control of public authorities and institutions public and its amendments; Ordinance No. 62-116 October 1, 1962 conflict  responsibilities between the administrative and judicial authorities; Ordinance No. 82-019 of August 11, 1982, relating to the powers of the Court  General Supreme oversight of the administration of justice; Ordinance No. 2001-004 November 18, 2001, with organic  act to the Supreme Court and the course composing.
81 art. 436. the regulations will specify, as appropriate, the modalities of application of this organic law.
Art.437. This organic law shall be published in the Official Journal of the Republic of Madagascar and will be implemented as a law of the State.
Antananarivo on 28 July 2004 the PRESIDENT of the National Assembly, the PRESIDENT of the Senate, LAHINIRIKO Jean RAJEMISON RAKOTOMAHARO 82