Law of 23 november 1977, establishing a new code of criminal procedure (Bulletin of acts and decrees 1977 No. 94), as it stands after the amendments at S.B. 1980 no. 116, S.B. 1982 No. 84, S.B. 1989 No. 98, S.B. 1989 No. 100, S.B. 2002, no. 67, S.B. 2002, no. 68, S.B. 2002, no. 70, S.B. 2002, no. 71, S.B. 2004 No. 73 , S.B. 2004 No. 105.

FIRST BOOK

GENERAL PROVISIONS

TITLE I

CRIMINAL PROCEDURE IN GENERAL

FIRST DIVISION

INTRODUCTORY PROVISION

Article 1

Criminal procedure has only made in accordance with the procedures in the law.

SECOND DIVISION

THE PUBLIC PROSECUTOR'S OFFICE AND THE COMPETENCE OF JUDGES

Article 2-1

1. The public prosecutor's Office continues the criminal offences to the courts, within whose jurisdiction the offence has been committed, within whose jurisdiction the defendant is domiciled, or in whose jurisdiction the accused is found. In case more than one judge is competent, the prosecution at the Court, which in the above ranking previously filed. 2. Offences outside the jurisdiction of Suriname on board a vessel or aircraft, be committed, for determining the competence of judges, shall be deemed to have been committed within the jurisdiction at the place where the owner of the vessel or aircraft or the seat of the company is located. 3. In respect of criminal offences committed outside the jurisdiction of Suriname, which to the knowledge of the Surinamese judge, if the second paragraph does not apply, the Court of first instance in the second district of competent. Article 3rd Attorney General is responsible for the prosecution of the offences richtige. To this end, he gives orders to the other members of the public prosecutor. THIRD AFDELINGBEKLAG ABOUT NOT PROSECUTION OF CRIMINAL OFFENCES, Article 41. Is a criminal offence not prosecuted or prosecution not continued, then the person concerned may complain to the Court of Justice on the matter. The Court may instruct the Attorney General to report in this respect and can recommend, that the prosecution will be instituted or continued. 2. The Court may also refuse such command giving grounds to the public interest. 3. The members of the Court, which have held on the complaint, preferably take no part in the trial.

FOURTH DIVISION

SUSPENSION OF PROSECUTION

Article 5

1. If the rating of the alleged fact depends on the rating of a dispute point of civil law, the Court may, in any State of persecution also, the prosecution for a certain time, in order to suspend the ruling of the civil court on the dispute point. 2. The suspension may be extended for a certain period of time and at all times be lifted.

Article 6

1. In matters relating to minor suspects the prosecution can be suspended if, simultaneously with the prosecution, in respect of both or one of the parents or a request or a claim for exemption to the dismay of parental authority or custody or in respect of the guardian a request to the dismay of the custody of the suspect is pending, until the decision on it will be become irrevocable. 2. In such case, the suspension deemed to take place because of the existence of a dispute point of civil law.

Article 7

After notification of further prosecution or, if this has not taken place, after the release of the summons for the hearing can the suspect the suspension because of the existence of a dispute point of civil law only requests from either the notice of objection that against that notice or subpoena may be submitted either on the hearing.

Article 8-2

1. If the accused after committing the offence has become insane, suspends the judge, in which State of persecution also, the prosecution. 2. As soon as the recovery of the suspect has been found, the suspension lifted. 3. If the accused dies during the suspension, will expire pursuant to article 95 of the criminal code the right to criminal procedure and the procedural documents as soon as possible in the hands of the prosecution official.

Article 9

1. In case of suspension of proceedings the Court may nevertheless urgent measures. 2. He may order that the suspension will not extend to which the custody order.

Article 10

Before about the suspension to decide, the Court may hear witnesses and experts.

Article 11

1. the decisions on the suspension be taken either on its own initiative, or at the claim of the prosecution officer, or at the request of the accused or his counsel and his reasoned. They are given by the district judge to whom the case is prosecuted or according to a notification in accordance with article 228 meant further will be prosecuted, or whose last case has been prosecuted. If the summons at the hearing in first instance or a notification of further prosecution of crime not yet served, and if an appeal, they are given by the Court of Justice. 2. All decisions shall be communicated to the suspect.

Article 12

1. Against decisions regarding suspension, given by the District Court, the prosecution official in three days later and the suspect within three days after the appeal service. 2. The Court of Justice shall decide as soon as possible. His decision shall be reasoned. Articles 10 and 11, last paragraph, shall apply.

FIFTH SECTION

TREATMENT BY THE COUNCIL CHAMBER

Article 13

1. In all cases in which not the decision by the district judge on the hearing is prescribed or there is taken ex officio, shall be appointed in the treatment by the district judge in the Council room. However come to pass on to the hearing research and decision on all claims, requests or nominations, there done. 2. If the district judge in chambers a decision must be given after the start of the research on the hearing, is made possible by the person who has been sitting on the hearing on the matter. 3. The judge, who as judge in the case has done any research, takes, on pain of nullity, the treatment in the Council room not in itself.

Article 14

1. the Commission decision mentions, on pain of nullity, the name of the judge, by whom, and the

day on which it was given and shall be signed by the judge and the clerk of the Court. 2. If one of them until that signature is at the end of the decision, shall be reported.

Article 15-3

1. The Court of first instance in Chambers shall have the power to give the necessary commands, so that the research which must precede to its decision, in accordance with the provisions of this code will take place. 2. The district judge in Chambers will, before deciding, the prosecution official hearing and can itself by the court-appointed receiver, who has been involved in the case, in writing or orally inform do. 3. He is competent presentation of procedural documents and pieces of conviction recommended. 4. All interrogations can also join a district judge of the area, where the person is located, be transferred to interrogations. With respect to a trial that under such a transfer takes place, article 17 shall apply mutatis mutandis.

Article 16

1. The accused is entitled to counsel to all interrogations by his assistance. 2. To witness the hostage is the opportunity to communicate with his lawyer in order to join his interrogations by assistance. 3. Counsel or the lawyer of the witness or of the person concerned in accordance with paragraph 4, or article 460, 461, paragraph 3, article on his wailing is heard, the interrogations given the opportunity to make the necessary comments.

Article 17

1. the examination by the Court of first instance in chambers by the Registrar is irrevocable, the business content of the statements made and of what further at that research. 2. If a defendant, witness or expert or counsel or the lawyer calls for some of contents in the own words will be included, is that, as far as the task does not exceed reasonable limits, as much as possible. 3. The official report is adopted by the district judge and the Registrar and as soon as possible after the end of the investigation. As far as the district judge or the Court Clerk to one and other foreign State, it shall do so without his cooperation and is of foreclosure are at the end of the report. 4. It is with the decision and the further during the investigation in the Council Chamber in the documents to the court documents.

Article 18-41. With regard to the Court of Justice find the articles 13 to 17 shall apply mutatis mutandis. 2. The Council Chamber of the Court is, on pain of nullity, composed of three members. So one or more of the members outside the Commission decision referred to in article 14 to sign, will be available at the end of the message. The minutes referred to in article 17, by the President of the Court or one of the members and Registrar established. 3. All interrogations can also join one of the members or members-alternate members of the Court of Justice or to the Court of first instance of the area where the person is located, be transferred to interrogations.

TITLE II

THE SUSPECT

Article 19

1. As a suspect is deemed to be the person in respect of whom a reasonable suspicion from facts or circumstances of guilt to any offence results. 2. During the prosecution identified as a suspect is the one against whom the prosecution is directed.


Article 20-5

1. The accused is entitled, in accordance with the provisions of the third title of this book, by one or more chosen or added to counsel assistance. 2. It is with this in mind, every time he asks, as much as possible the opportunity this provides to stand with his counsel or with his advisers.

Article 21

1. In all cases in which someone as a suspect is heard, remembers the verhorende judge or official did all that the application to obtain a statement, which is not to say that they in freedom is made. The suspect is not obliged to answer. 2. For the trial, the accused is informed that he is not required to answers. 3. The statements of the accused, especially those which involve a confession of guilt, in the minutes of the hearing in his own words as much as possible. The communication referred to in the second paragraph shall be entered in the minutes.

Article 22

1. During the preliminary enquiry, the judge and the prosecution during the pre-trial investigation officer, to the suspect, at his request, of the procedural documents. 2. However, the judge or the prosecution official, if the importance of this research progresses, the suspicious communication of certain documents. In this case, the defendant informed the Chair in writing, that the given him for inspection documents are not complete.

Article 23

To the suspect should not be remember the knowledge of: a. the records of his interrogations; b. the police reports on interrogations or acts of research, in which he or his counsel has the power today to be had, unless and in so far as it appears from a report of any circumstance of which he is in the interest of the investigation should continue, and in connection therewith temporarily unaware an injunction referred to in article 40 , second or third member, has been given; c. the reports of interrogation, of whose content him oral communication is completely done.

Article 24

In the event the accused knowledge of procedural documents is remembered, he can two days after the communication referred to in the second paragraph of article 22, a notice of objection to the Court of Justice, which decided as soon as possible.

Article 25

The notification of all procedural documents in the original or in copy may not be remembered the suspect as soon as the Commission decision on the conclusion of the preliminary enquiry in accordance with article 218 for the prosecution officer has become final, or, if a preliminary enquiry has not taken place, as soon as the notification of further prosecution or at the hearing in first instance the summons has been served.

Article 26

1. The way in which the knowledge of procedural documents shall come to pass, shall be governed by State decision. 2. The accused may him the notification of documents which is allowed, to get his expense at the registry copy, but the investigation should not be stopped. 3. About providing copy and obtain it free of charge shall be taken at State Decree.

Article 27

1. The accused may the judge, leading to any decision in the case is called, any request for a hearing. 2. To a request by the accused responds, unless prohibited by the importance of research. 3. Article 15, last paragraph, applies.

Article 28

1. a prosecution Is not continued, then the Court may for which the case last was persecuted, or, if the case is not for a particular dish was sued, the Court of Justice upon the request of the defendant, that the case ended. The suspect is heard, at least sued. 2. The decision on the application can be held for a certain period of time if the prosecution establishes that still further prosecution will take place. 3. The decision shall be immediately notified to the suspect.

TITLE III

COUNSEL

GENERAL PROVISION

Article 29

1. If counselors are only permitted lawyers in Suriname practice exercising. 2. In special cases the Court of Justice may, possibly to be determined, at the request of the accused to lawyers, who allow the practice exercise elsewhere, to act as counsel.

FIRST DIVISION

CHOICE OF COUNSEL

Article 30

1. The accused is at all times authorised to choose one or more advisers. Of its jurisdiction is the accused as soon as possible after the arrest, and in any case before the first trial begins, communication. 2. To the choice of one or more advisers is also the legal representative of the accused have jurisdiction. 3. The accused is prevented by his will in this respect to do turn out and he has no legal representative, then his spouse or the most diligent of blood or marriage, up to the fourth degree embedded to that choice have jurisdiction. 4. The Member chosen pursuant to the second or third or the added counsel resigns, as soon as the suspected itself a counsel has chosen. 5. State decision, in any way of a choice under the first, second or third paragraph should turn out.

Article 31

1. the chosen defence counsel of his performance as such gives written notice to the prosecution official. 2. Enter the chosen defence counsel during the preliminary enquiry, then he gives

that knowledge to the court-appointed receiver. Is already a subpoena released then he informs the Registrar of the Court in which the case will serve. 3. If he replaces an elected or added counsel, he also gives them in accordance with the provisions of the preceding paragraphs knowledge to the persons referred to there and to replace the counsel. By this communication, the efficacy of the replaced added or earlier chosen counsel to an end.

SECOND DIVISION

ADDITION OF LEGAL COUNSEL

§ 1

GENERAL PROVISIONS

Article 32-6

1. In the cases, In which pursuant to the provisions of this section, the addition of a counsel shall be made by the authority, has approved for that purpose by the Minister of Justice and the police designated. 2. The addition takes place at no cost to the suspect. When in the circumstances of the accused on the basis of such changes to that, in the opinion of the authority with the addition is in charge, it can be deemed that the suspect is able to bear the cost of a chosen counsel itself, the addition, except in the case of article 33, ended.

Article 33

1. each accused, who has been in insurance, counsel added, once against him the order for police custody is granted. The prosecution official or the auxiliary Prosecutor in command without delay the authority that has granted light with the addition is in charge, on the detention in. 2. If the accused has a chosen counsel, is adding foreclosure or absence of his fellow, as soon as it appears. Of foreclosure or the absence of its science about the chosen counsel gives the prosecution officer without delay to the authority with the addition is taxed. 3. The Minister of Justice and Police shall adopt detailed rules concerning the addition to in insurance asked suspects.

Article 34

1. If the order referred to in article 33, paragraph 1, is not granted, a suspect of crime is considered sufficiently substantiated, whose inability, at his request, counsel added, once a prosecution in respect of the crime against him is commenced without the suspect to the request the right to stop the prosecution. 2. In the event of an appeal is the preceding paragraph shall apply mutatis mutandis. 3. State decision may be given as to how the inability to be substantiated. 4. With regard to its jurisdiction for the appointment of a counsel to ask the suspect of crime from the prosecution officer informed in writing, as soon as the prosecution is initiated against him. However, the communication in the event of note by the Registrar of the Court of appeal, that the judgment. If the accused, other than pursuant to a warrant of detention is deprived of his liberty, in law, the request shall be communicated by the prosecution officer notified to the body responsible for the addition is taxed. 5. If there is a suspicion that the accused of felony defective development or sickly failure of spirit power is present and that he as a result is unable to properly represent its interests, is him, if he still has no added counsel and prosecution of the crime against him is commenced, during the preparatory proceedings by the judge or at the hearing, if the case was brought by the competent court of its own motion, counsel added. 6. Information and notifications referred to in this article shall take place in accordance with by the Minister of Justice and Police measures to be taken. Shows instructions given as to the way in which the application for the appointment ought to be done.

Article 35

1. An addition has only place, if the accused has no counsel. 2. Each addition applies to both the first and the second instance. The preliminary study is considered to be part of the first instance.

§ 2

REPLACEMENT OF THE ADDED COUNSEL

Article 36


1. in the absence of counsel is added the foreclosure or suspect other Counsellor added. Of his absence gives the prosecution regarding foreclosure or science officer or, if the research on the hearing began, the judge shall, without delay, notify the competent body responsible for the addition was charged. 2. At the request of the added legal adviser or other Counsellor of the accused may be added. If the accused is deprived of his liberty in law is his request, by the prosecution officer be notified forthwith to the authority with the addition is in charge.

Article 37-7

The added counsel can the perception of certain operations on behalf of him by another lawyer. He shall immediately inform in writing to give the supervisory judge during the preliminary enquiry and to the prosecution during the pre-trial investigation officer, or, if the case at the hearing was brought to the competent court.

§ 3

APPEAL CONCERNING ADDITION

Article 38

1. The accused may during the pre-trial investigation judge or, if the case at the hearing is pending, the competent court for the appointment of a defence counsel requests: a. within twenty-four hours after the time when, pursuant to article 33 addition should have no legal counsel has; b. If his request as referred to in articles 34, paragraphs 1 and 2 , and 36, paragraph 2, is not granted; c. If the author added counsel him at foreclosure or no other Counsellor is added; d. If the addition on the basis of article 32, paragraph 2, has been terminated. 2. On the request referred to in the previous paragraph shall be decided as soon as possible. The accused is immediately, unless the request is approved, on the request, at least to this end.

§ 4

NOTICE OF ADDITION

Article 39

Of each addition and of any change therein shall, in the manner by the Minister of Justice and Police, notified to the prosecution official, the counsel, the defendant and in addition, in the case of a preliminary enquiry, to the court-appointed receiver.

§ 5

REMUNERATION AND REIMBURSEMENT OF EXPENSES

Article 39a

For the remuneration of advisers and added for the reimbursement of necessary expenses incurred by them from the country's cash resources are made available to State decree to regulate.

THIRD DIVISION

POWERS OF COUNSEL ON

TRAFFIC WITH THE SUSPECT AND THE NOTIFICATION

OF PROCEDURAL DOCUMENTS

Article 40

1. the legal counsel has free access to the suspect who is deprived of his liberty by law, can only speak and exchange letters with him without that of the content by others is noted, below the required monitoring, in accordance with the internal regulations, and without that research may be thereby

stopped. 2. If certain circumstances a serious presumption arises that the free movement between counsel and accused, either will stretch to the suspect to disclose with any circumstance, of which he is in the interest of the investigation must remain temporarily unaware, either being abused for attempts to obstruct the detection of truth, during the preliminary enquiry but take note, the judge and the prosecution officer during the preparatory proceedings-gens , each time recommend that counsel do not have access to the suspect will have or this not only will be able to speak and that letters or other documents, between counsel and defendant exchanged, not will be awarded. The command defines the specific conditions referred to in the preceding sentence; It limits the freedom of movement between counsel and accused, and for no longer than is sought by those circumstances, and is in each case only for a period not exceeding eight days. Of the command shall be made immediately in writing notice to counsel and to the defendant. 3. The suspect and his counsel may object to the command within the three days following that communication, a notice of objection to the Court of Justice, which decided, as soon as possible after hearing counsel, at least in writing. It can at its command, change or supplement decision. 4. When it concerns a person, suspected of a der in articles 128-149 of the criminal code defined offences or of a crime, against which life imprisonment is threatened during the preliminary enquiry, the court-appointed receiver and the prosecution during the pre-trial investigation officer each time for a period not exceeding fourteen days recommend, that there is no traffic between the suspect and his counsel will take place If he finds that the importance of the research is especially against resistance. Of the command shall be immediately written communication to the legal counsel and to the suspect. The preceding paragraph shall apply. 5. All obstacles to the free movement between counsel and accused, which under one of the preceding paragraphs are ordered, cease as soon as the Commission decision on the conclusion of the preliminary enquiry in accordance with article 218 for the prosecution officer has become final, or, where a preliminary enquiry has not taken place, as soon as the notification of further prosecution or at the hearing in first instance the summons has been served. 6. The provisions of the first paragraph shall apply mutatis mutandis, after final judgment in the case.

Article 41

As regards the scope of its activities by the counsel to the notification of procedural documents and obtain copy thereof find articles 22-26 shall apply mutatis mutandis.

TITLE IV

ANY SPECIAL RESTRAINTS

FIRST DIVISION

ARREST AND DETENTION

Article 42

Every law enforcement officer has the power the suspect to his name, first name and place of residence or stay and ask him to do so.

Article 43

Every law enforcement officer has jurisdiction the witness to his name, first name and place of residence or stay and ask him to do so.

Article 44

1. In the case of committing an offence of any offence is any jurisdiction the accused. 2. In such case, the prosecution official or the help officer authorized the suspect, after arrest, to a place of trial to conduct; He may also recommend his arrest or arraignment. 3. Effected the arrest by another law enforcement officer, then carries this make sure the aangehoudene possible to help the prosecution officer or one of its officers is headed. 4. Effected the arrest by another, then delivers this aangehoudene immediately to a discover the officer about which then acts in accordance with the provision of the preceding paragraph. In case of surrender to the prosecution official or the auxiliary officer is the second member of application.

Article 45

1. also outside the case of committing an offence is the prosecution officer have jurisdiction the accused of any offence for which pre-trial detention is allowed, or the offence defined in article 507, under 3 °, of the criminal code, to hold and to a place of trial. He may also recommend his arrest or arraignment. 2. The action of the prosecuting officer can not be seen, equal power to help each of his officers. The aid officer gives of boarding shall, without delay, in writing or orally notify the prosecuting officer. 3. Can also help the action of one of the officers not be seen then any law enforcement officer have jurisdiction to hold the suspect, under obligation to take care that he without delay for the prosecution officer or one of its auxiliary officers. On the auxiliary officer for whom the suspect is led, the second sentence of the preceding paragraph shall apply.

Article 46

1. in the event of committing an offence of a criminal act can be any, to arrest the suspect, enter any place, other than a dwelling which is denied access by the resident and of the places referred to in article 116, at times in that article. 2. Both in case of committing an offence and outside that case, any law enforcement officer to arrest the suspect, any place. Articles 113-117 apply.

Article 47

1. The prosecution officer or officer, for whom the suspect is led or who own the suspect has been arrested, may, by the existence of serious objections to this provide that he to his body or to his clothing will be explored. 2. The other investigators, jurisdiction shall lie with the aangehoudene against whom serious concerns exist, to his clothing to investigate. 3. During the preliminary enquiry, the provision of article 181.

Article 48


1. The prosecution officer or officer, for whom the suspect is led or who own the suspect has been arrested, may, after having heard him in the interest of the research recommended that he will remain at the disposal of Justice during the investigation and before that on a in the command will be made in place to identify insurance. 2. In connection with the detention is the accused, prior to the order, heard. He is authorized to do so by counsel assisting. Article 16, last paragraph, shall apply. 3. Of the interview is reported through the help officer or the prosecution officer in command. This report is annexed to the procedural documents. 4. The auxiliary officer of his command possible written or oral knowledge to the prosecution officer. 5. As soon as the importance of research permits this welded the help officer who has given the command or the prosecution official release of the defendant. 6. Instructs the officer's release not help, then he does the suspect for the prosecution officer. 7. The help officer does the suspect only in freedom or to the prosecution conduct officer after consultation with the prosecution officer and as far as this decides otherwise.

Article 49-8

1. An order for police custody shall be granted only in the event of an offence for which pre-trial detention is permitted. If the investigation of the case on the right-sitting in first instance is started, can such command no longer be granted. 2. The order for detention is for a period not exceeding fourteen days. 3. The terms go into at the moment of implementation. They do not run during the time that the suspect themselves to the further implementation of the command has been extracted.

Article 50-9

1. in the case of urgency the detention by the prosecution officer can be renewed once, with not more than thirty days. Is the suspect outside the city then the extension also help are ordered by the officer, who has granted the order for detention, but only after consultation with the prosecution officer. 2. The accused is given an opportunity to be heard. He is responsible at the hearing by counsel to be assisted. Article 16, last paragraph, applies.

3. the provisions of the last three paragraphs of article 48 and article 49, first and third paragraphs, shall apply mutatis mutandis.

Article 51

1. The order for detention or extending them is dated and signed. 2. It defines the offence as accurately as possible, the ground of the issues and the particular circumstances which have led to the adoption of that ground. It mentions the duration, for which it has been granted. 3. The accused is in the command with name, surnames and other famous personal data referred to or, where they are unknown, designated as clearly as possible. 4. A copy of the order is awarded for him or in the implementation.

Article 52

The prosecution officer does the arrested suspect, whose custody he considers to be necessary, conduct without delay for the court-appointed receiver.

Article 53

1. in accordance with article 48 in the suspect nor insurance, nor for the court-appointed receiver in accordance with article 52 led, then he is, after being interrogated, released immediately. 2. In no case shall the suspect longer than six hours for the trial to be stopped, it being understood that the time between ten hour of afternoon and seven hours in the morning is not the seat.

Article 54

1. the persons are laid down in insurance to no other restrictions than those for the purpose of their imprisonment or in the interest of the order totally necessary. 2. Concerning the treatment of persons and the requirements laid down in insurance, which the police detention centers must comply with the intended measures in the interest of the investigation could be ordered, arrange State Decree.

Article 54a-10

1. During the period of detention can the accused the court-appointed receiver for its release requests. Within twenty-four hours, after the request to the judge, the accused heard, at least to this end. This is responsible to be assisted by counsel. Article 16, last paragraph, applies. 2. The Minister of Justice shall determine how suspicious the request by the inverzekering laid down in the previous paragraph can be done. In designated cases, the supervisory judge in urgent necessity extend once the term of 24 hours. 3. After the suspect is heard, at least to this end is called, the court-appointed receiver as soon as possible on the request; he judges the lawfulness of the detention and gives in its decision the reasons that have led to his judgement with respect to the legality or illegality of the police custody. 4. Against the decision of the judge, the prosecution officer and the defendant in appeal to the Court of Justice; the appeal shall be lodged with the Registrar of the court-appointed receiver, which the doorgeleidt immediately to the Registrar of the Court of Justice; within 24 hours, the grievances made known in writing to the authority. 5. The prosecution official can job as referred to in paragraph 4 of this article set up only in case of a crime which the legal description a sentence of eight years or more has been asked permission of the Attorney General to designate him or a prosecution officer. 6. In the case of an appeal by the prosecution officer referred to in paragraph 4 of this article, the release of the suspect for up to three days. 7. The Court of Justice decides on the appeal as soon as possible, but no later than three days after the imposition thereof.

SECOND DIVISION

PROVISIONAL DETENTION

§ 1

PRE-TRIAL DETENTION WARRANTS

Article 55

1. the judge may, as long as the investigation of the case on the hearing at first instance has not yet been commenced, on the claim of the prosecution officer an order for custody of the accused person. 2. If the judge already immediately considers that for the granting of such command no terms are present, it indicates the action. 3. In the other case he hears, unless the prior trial of the accused cannot be seen, before deciding, this about the advancement of the prosecution officer and he can, if necessary, to this end, enclose an order to fellow establishment, his subpoena. 4. The defendant is responsible at the hearing by counsel to be assisted. Article 16, last paragraph, applies.

Article 56-11

1. The order for custody is only given, where there are serious objections to the suspicious were raised and also from certain circumstances of the case of the existence of a risk of flight or of a significant grounds of public safety, which the immediate detention progresses. 2. An order to preservation remains, when serious account must be taken of the possibility that in the event of condemnation to the suspect no onvoorwaarde-personal custodial sentence or detention order will be imposed, or that he at implementation of the command would remain deprived of his freedom a longer period than the duration of the punishment or measure. 3. The warrant can be granted: a. in the case of a crime which is punishable by imprisonment to the legal description if the accused here te lande has no fixed place of residence or stay; b. in case of a crime which the legal description of imprisonment of four years or more, or of one of the offences defined in Articles 173, 178 , 231, 232, 291, 306, 309, 313, last paragraph, 345, 360, paragraph 1, first paragraph, 361, 374, 375, 378, paragraph, 381, 386, 387.393, 398, 414, 416, 429, first paragraph, 455, 456, 459, 480 of the criminal code, in article 4 paragraph 1 and article 20 paragraph 3 of article 22 of the Firearms Act 1971 and in the Rijwet (G.B. 1930 No. 73).

Article 57

1. The order for detention is effective for a term of not more than thirty days beginning at the moment of implementation. 2. The judge can, as long as the investigation of the case on the hearing at first instance has not yet been commenced on the advancement of the prosecution in the cases and the custody officer on the grounds listed in article 56, each of not more than thirty to thirty days, without prejudice to article 60a. 3. The accused is given the opportunity to be heard on the claim. He is responsible at the hearing by counsel to be assisted. Article 16, last paragraph, applies. 4. The terms do not run during the time that the suspect themselves to the further implementation of the command has removed or is deprived of his liberty under law from others. 5. Once for the custody terms no longer present, and as long as the research on the hearing has not yet been commenced, welded or the prosecution official, either the supervisory judge, the prosecution official heard, the release of the suspect.

Article 58


1. The Court of first instance decides on the hearing or, in the case of a notice of objection against the notification of further prosecution or against the summons, in the treatment of it in chambers as soon as possible about the detention of the accused, against whom an order for detention or extending either thereof, either an order to preservation, to imprisonment or extending custody or imprisonment. If he in the cases and on the grounds listed in article 56, continuation of the detention order, recommends he considers to be necessary of its own motion or on the application of the prosecution official the detention of the accused, but not until after he has heard or has called to be heard. He recommends the detention does not, then it raises that order for detention or for the extension thereof, or that order for provisional detention on. 2. In case of suspension of the investigation, or if no suspension takes place, but at the end of the investigation the judgment or the decision on the objection is to be ejected onto the Court takes its decision on the detention of the accused not later than that decision to suspension or postponement of the meeting. 3. After the start of the research on the hearing, but before the notation of job of its final judgment, the Court of first instance in the cases and on the grounds listed in article 56, of its own motion or on the application of the prosecution officer the imprisonment of the accused. Desgeraden he hears the suspect; to that end, he is competent, if necessary enclose an order to fellow establishment, his summons to order. 4. The Court of Justice in the cases and on the grounds listed in article 56, on the advancement of the prosecuting officer or, in the case referred to in point (b), of its own motion the imprisonment of the accused also recommend: a. before the start of the research on the hearing at first instance, if such order is necessary in order to obtain his extradition; b. after the notation of occupation of the final judgment of the Court of first instance. In this case, the last sentence of the preceding paragraph shall apply mutatis mutandis.

Article 59-12

1. The order for detention, as well as the order to capture that after the start of the research on the hearing at first instance has been granted, shall remain in force until it is lifted. 2. The orders referred to in paragraph 1 of this article shall automatically end up at equal duration with the initially imposed unconditional custodial sentence or measure in respect of the fact, for which pre-trial detention is ordered. 3. The duration is referred to in paragraph 2 of this article the seat time by the condemned in insurance and spent in custody if the Court ruling provides that the time spent in insurance and in custody will be deducted.

Article 60

1. The order to imprisonment, referred to in paragraph 4 (a) of article 58, is, as long as the extradition has not taken place, valid for indefinite term, but only after the extradition remains effective for a term of not more than thirty days, beginning at the time of the extradition. 2. On the claim of the prosecution official can the Court of Justice after that extradition, as long as the research on the hearing at first instance has not yet been commenced, the imprisonment in the cases and on the grounds listed in article 56, each of not more than thirty to thirty days, without prejudice to article 60a. The provisions of the last three paragraphs of article 57 shall apply mutatis mutandis.

Article 60a-13

1. In no case shall the suspect during the time prior to the proceedings in the main hearing longer than one hundred and twenty days in pre-trial detention are held. 2. If a preliminary enquiry has progressed and this on the basis of special, on the case itself-related conditions, not within 90 days after the order for provisional detention goes into effect, is completed, on the claim of the prosecution officer the judge or, in the case of article 60, paragraph 2, the Court of Justice in the cases and on the grounds mentioned in article 56, the term of one hundred and twenty days twice with not more than thirty days. On the claim, which must be before the end of the current term, decided as soon as possible.

Article 61

1. An order for pre-trial detention may be raised by the Court of Justice. The Court can do that on its own initiative or at the request of the accused or his counsel. An order for detention or imprisonment may be raised on the advancement of the prosecuting officer. 2. The Court decides as soon as possible. It is composed of judges who do not have the order to remand have judged. 3. The suspect who for the first time the waiver requests, unless the Court has already heard the request immediately to acceptance decision, on, at least sued. 4. The suspect at whose request for waiver is leaves, dismissive cannot be earlier than 30 days after the date of that decision, again a request for waiver.

Article 62

In the case of the prosecution the accused officer knowledge gives him in respect of a fact for which pre-trial detention is applied, no further will continue, thereby each order for provisional detention shall be automatically lifted and in the notification message.

Article 63

1. in decisions adopted by ' disqualification and of outside prosecution count and at all final decisions, subject to the provisions of article 9, paragraph 2, the order to remand lifted, unless the suspect in the decision as to the fact, for which pre-trial detention is ordered unconditionally a punishment that involves reduction of company, or a measure involving deprivation of liberty which requires or may-be imposed. 2. If, in the case of ' disqualification, the Court considers that another judge has jurisdiction as to the substance of the fact though take note, the first member outside of application.

Article 64

The commands to pre-trial detention and the decision on the removal of police detention or extension of detention warrants or orders to preliminary Determina-tenis are readily achievable. If more than one command is given, they are implemented in the order in which they are issued.

Article 65

If the Court of Justice to giving any decision is called, before occupation of the final judgment is registered, is the lifting of the order to remand or detention or extension of detention to welded, if this results from the decision.

Article 66

With regard to pre-trial detention, article 54 shall apply mutatis mutandis.

§ 2

HEARING THE REMANDED IN CUSTODY

ASKED SUSPICIOUS

Article 67

1. unless the suspect on the occasion of his trial was notified orally that an order for provisional detention will be issued against him, he is within twenty-four hours after his inclusion in the place in which the custody order will undergo, be heard. 2. This trial is carried out during the preparatory investigation by the judge; After the start of the research on the terechzitting by the Court of first instance or if the case for the Court of justice by the Court to designate a member. 3. Of the hearing, with analogous application of articles 159-164, § 3.

CONTENT OF ORDERS AND THEIR SERVICE

Article 68-14

1. An order for pre-trial detention is dated and signed. 2. It defines the offence as accurately as possible, the ground of the issues and the certain circumstances, which have led to the adoption of those fundamental. 3. The accused is in the command with name, surnames and other famous personal data referred to or, where they are unknown, designated as clearly as possible. 4. The command lists the place in which the custody order will be undergone, and an order for custody or to renewal or order extending gevangenne-ming; In addition, the duration for which it has been granted. 5. It is meant for or in the implementation to the suspect.

Article 69

1. The orders to lift an order for provisional detention and the decisions where such a waiver is denied, reasons shall be given. The same applies to decisions ordering an advancement of the public prosecution service to application or extension of custody is dismissed. 2. Decisions under the first sentence of the preceding paragraph, shall be communicated to the suspect.

§ 4

SUSPENSION AND SUSPENSION OF PROVISIONAL

CUSTODY

Article 70

1. The Court may at the request of the accused or his counsel recommended that the custody order will be suspended, as soon as they are in the form to determine by the judge, agreed to comply with the conditions to the suspension to connect. The accused is on the request. 2. For the fulfilment of conditions, nor in the form of deposit of monetary values or of the location of a right in rem, nor by the commitment by a third party as security guarantee.

14 WT. at S.B. 1980 no. 116.

Article 71

The Court may on its own initiative, on the advancement of the prosecuting officer or at the request of the accused or his counsel in the decision of suspension modification. The suspect is heard, at least on the request called for trial.

Article 72


1. The Court may of its own motion or on the application of the public prosecutor's Office at all times the lifting of suspension recommended. 2. Before doing so, if possible, the judge hears the suspect and he can to that end, if necessary, enclose an order to fellow establishment, his summons.

Article 73

1. If the accused does not comply with the conditions, or if certain circumstances show the existence of a risk of flight, can arrest are ordered by the prosecution official or by an auxiliary officer. The latter gives of his command and of the detention under that command without delay to the prosecution official. 2. To arrest the suspect investigators can enter any place. Articles 113-116 apply. 3. If the prosecution officer his detention remains necessary, he shall within one day after that arrest a claim for waiver of suspension to the courts in, those within twenty-four hours twice then decided. In other cases, ordered the prosecution without delay the official release of the suspect.

Article 74

1. all judicial decisions taken pursuant to this paragraph are reasons on which they are based and shall be communicated to the suspect meant. 2. They are taken by the Court pursuant to article 58 may order the imprisonment of the accused. However, with regard to an order for custody or to extend the suspension of detention, then they are, as long as the proceedings in the main hearing has not yet been commenced given by the court-appointed receiver. With regard to the questioning of the accused by the court-appointed receiver, the provisions of article 16, first and third paragraphs, shall apply. 3. The decisions to suspend, on the removal thereof and which amending decisions to suspend, are readily achievable.

Article 75

Against the orders of the judge or of the Court of first instance suspending or amending decisions to suspend state the prosecution officer within three days thereafter appeal is available on the Court of Justice. The same jurisdiction comes the suspect within three days after service. The Court shall decide as soon as possible.

Article 76

Where is spoken of in this section including suspension is suspension.

§ 5

COMPENSATION FOR ROADWORTHINESS

PROVISIONAL DETENTION

Article 77

1. If the case ends without imposition of sentence or measure or with such imposition, but on the basis of a fact for which pre-trial detention is not permitted, the Court in which the case was prosecuted last pointed out, at the request of the accused or of his heirs him or his heirs a pecuniary compensation to be paid by the State for the damage which he has suffered as a result of treatment received custody. If the appeal is handled, the Council Chamber of the Court of Justice, as far as possible, made up of the members who attended the hearing on the case. 2. The application may only be filed within three months after the termination of the case. The former accused or his heirs are heard, at least on the request and may be called at the trial by their lawyer assistance. This is at the trial an opportunity to make the necessary comments.

Article 78

1. The award ener allowance has always take place, if and in so far as, in the opinion of the referred to in the first paragraph of the previous article court grounds of fairness are present. 2. In determining the amount, account shall be taken of the living conditions of the former suspect. 3. The decision is based. The decision shall be notified to the accused or to his heirs served but pointed out, in the case of a negative decision, omitting the reasons. In this case, the heirs of the reasons pointed out suspicious or may be obtained at the registry access.

Article 79

If the former suspect after submitting his request is deceased, his heirs for the award shall be made.

Article 80

In the event that the Court in which the case last was persecuted, a District Court, against the decision for the prosecution officer within fourteen days thereafter and for the former suspect or his heirs within one month of the notification referred to in article 78, paragraph 3, higher job open. Articles 77 and 78, second paragraph, second sentence, as well as the articles 377-385 shall apply mutatis mutandis.

Article 81

1. For the amount of the allowance is by the district judge, dePresident respectively by the Court a writ of enforcement issued. 2. The payment is made, on presentation of the edict in the manner provided for by article 67 of the law of the 9den March 1874 (G.B. No. 11), establishing the tariff costs of Justice in criminal matters.

THIRD DIVISION

SEIZURE

§ 115

GENERAL PROVISIONS

Article 82-16

1. Susceptible to seizure are all objects that can serve to bring the truth to light or to wrongly obtained advantage to. 2. Furthermore, are susceptible to seizure all objects whose confiscation or forfeiture may be ordered.

Article 82a0-17

1. Attachment of claims and terminated by written notice to the debtor. 2. Seizure of rights bearer or order shall be carried out by the attachment of the paper. 3. Seizure of aircraft, ships and real estate registered property can be noted and removed from the register in registers; to this end, the intervention of the judicial officer relied upon; laying and finishing the batter is communicated or notified to the interested parties. 4. Legal acts in respect of an object which according to a notation in the register, subject to written agreement are null and void batter is laid by the prosecution official.

§ 2

SEIZURE BY INVESTIGATORS

OR SPECIAL PEOPLE

Article 83

1. He who maintains the suspect or persists, for seizure susceptible objects, by this, take with itself. 2. With regard to the examination to the body or clothing of the arrested suspect, the provision of article 47, paragraphs 1 and 2.3. Objects, seized by anyone other than a law enforcement officer, are issued by him forthwith to a law enforcement officer.

Article 84

In case of committing an offence, the investigators for seizure susceptible objects at each place and follow. Articles 113-117 apply.

Article 85

1. In the case of committing an offence or of an offence referred to in article 56, paragraph 3, point (b), the prosecuting officer who set up a court requires-search progresses, pending action by the judge in urgent necessity: 1 °. in seizure house search at each place where the fact is committed or has left traces, in the home and in the place of residence of the defendant and in separate facilities, coffee houses and public places; 2 °. on the occasion of a judicial proceedings for seizure susceptible units elsewhere, objects, as far as this obvious are found,. 2. Can the actions of the prosecution officer not be seen then comes the power to help each of his officers, under obligation to notify in writing without delay of the planned act to the prosecution official.

Article 86-18

1. In persons with power to change, as defined in article 198, unless with their consent, not seized letters or other writings, to which their duty to maintain the confidentiality extends. 2. Shall be expressed in such a people search, then she finds, unless with their consent, only in so far as they are without violating the stands-, professional or governmental secret can come to pass, and stretches it not extend to other letters or writings than those which are the subject of the offence or to commit them have served.

Article 86a-191. Pursuant to a written authorization by the court-appointed receiver, by this during the preliminary enquiry, of its own motion or at the request of the prosecution officer granted, is a law enforcement officer upon presentation of a copy of the authorized permission, in order to get an insight into the financial position of the person against whom the research is addressed to everyone recommending him on the first claim: a. task to do or give access to or copies of documents or data; b. to specify whether and, if so, what assets he has or has had, what accessories or belonged to the person against whom the research is focused; c. and thus provided written documents. 2. The command is not aligned to the one against whom the investigation is aimed. 3. A valid reason for refusal to comply with the order on the basis of power to change exists for the persons in article 93 paragraph 2, under the conditions laid down there.

Article 87


1. Unless the importance of this research progresses, to seizure in a home is not passed then after the resident or, if he is not present, a more-present his underage roommates is heard and fruitless invited the subject voluntarily giving off in seizure. 2. As far as the importance of the research is not resistance against it, the law enforcement officer the occupant or, if this is not present, a huisge present in due course-notes in the spot, is about the seized objects. The same applies to the accused, if this nowadays. 3. The defendant is responsible during a search by his counsel to be assisted.

Article 88

1. In the case of committing an offence or of an offence referred to in article 56, paragraph 3, point (b), the prosecuting officer who set up a court requires-search progresses, pending action by the judge, at urgency, in seizing the extradition against receipt commands of the packages, letters, documents and other communications, which shall be annexed to the post , telegraphy or to another institution of transport; to the extent that they evidently intended for the suspect or of him come. 2. Anyone who on the business of that transport such matters among themselves has or gets, gives about it to the prosecution official or officer on his claim to the assistance the by this desired information. 3. Articles 197-199 in respect of persons referred to in the preceding two paragraphs shall apply mutatis mutandis. 4. The prosecution official gives seized packages, letters, documents and other communications, which shall be annexed to the post, telegraphy or to another institution of transport were entrusted and whose seizure is not maintained, without delay to the carrier for shipment back. 5. To the knowledge of the content of the other business, in so far as they are closed, the prosecution official did not have then after doing so by the judge after the start of the preliminary enquiry to be authorized. A preliminary enquiry is not passed, then it gives the prosecution the inbeslaggehouden affairs officer without delay to the carrier for shipment back. 6. Prove the business after opening important for research, then adds the prosecution officer this at the process pieces or pieces of conviction. In the opposite case they, after by the vervolginsambtenaar closed, sent to their destination immediately by that. 7. As far as the importance of the investigation does not prohibit this, they are certified in advance by the prosecuting officer. 8. Of the seizure, the return, the opening and the shipment will be prosecuted by the prosecution officer that the procedural documents.

Article 89-20

1. During the preliminary enquiry the supervisory judge may, of its own motion or on the application of the prosecution official, in the event of a crime referred to in article 56, paragraph 3, point (b), if this urgent research progresses, provide that: a. phone calls, in respect of which it is suspected, that the suspect will join or participate, by a law enforcement officer be overheard or recorded; b. any who works at a setting of telephony in respect of all traffic through the setting has been made, in respect of which it is suspected that the defendant participated, the desired information. 2. Articles 197-199 in respect of persons referred to in point (b) of the preceding paragraph shall apply mutatis mutandis. 3. By eavesdropping or recording becomes in twice a day. 4. The judge does before his police reports and other objects, to which a given can be derived, which is obtained as a result of the information referred to in paragraph (b), or by eavesdropping or recording, as referred to in paragraph 1, (a) destroy, as soon as possible as far as which is of no significance for the research, or related to communications made by or to a person , who has changed on the basis of article 198, if him as witness to the content of those communications would be asked. Of the destruction shall immediately be reported. 5. The judge adds the other police reports and other objects as in the previous paragraph not later than the time when the Commission decision concerning the conclusion of the preliminary enquiry is irrevocable, at the procedural documents.

Article 90

The contents of the cases opened by the prosecuting officer under article 88, in so far as they are not at the process pieces or pieces of conviction are attached, is kept secret by him. Equal secrecy is referred to by him and by the criminal investigation officer, other than prosecution official, taken into account in respect of the information and conversations, as referred to in article 88, paragraph 2, and article 89, paragraph 1, insofar as they are not from the procedural documents.

§ 3

SEIZURE BY THE COURT-APPOINTED RECEIVER

DURING THE PRELIMINARY ENQUIRY

Article 91-211. The court-appointed receiver is during the preliminary enquiry to confiscation of all objects liable have jurisdiction. 2. By way of derogation from article 82 are also all objects that can serve to retain the right to impose up to story for a fine or impose an obligation to pay a sum of money to the State for withdrawal of wrongly obtained advantage susceptible to seizure under this article. 3. The court-appointed receiver may provide that confiscated objects to retain the right to impose up to story for a fine or impose an obligation to pay a sum of money to the State for withdrawal of wrongly obtained vvoordeel. 4. Article 86, paragraph 1, shall apply.

Article 92-22

1. the judge may order that he reasonably should be suspected to be of any particular holder for seizure prone to object to including him will extradite to battle or on a place designated by him will transfer, within the time limit and in the manner at the command. 2. The command is given orally or in writing. In the latter case, it means. 3. The judge can, in order to get an insight into the financial position of the person against whom the research is focused, the give orders referred to in paragraph 1 (a) and (b) of article 86a; Article 86a (2) and (3) shall apply.

Article 93

1. Anyone to whom the order is addressed, is obliged to comply with them. 2. Nevertheless exist valid reasons of refusal on the basis of power to change for: 1 °. the persons referred to in article 197; 2 °. the persons referred to in article 198, as far as the extradition or transfer with their duty to maintain the confidentiality would conflict; 3 °. the persons referred to in article 199, as far as the extradition or transfer them or any of their relations to the danger therein ener criminal prosecution would expose.

Article 94

1. the extradition or transfer is not given to the defendant. 2. With regard to letters or other writings command can only be given if these of the suspect, for him are intended or belong to him, or if they are the subject of the offence or to commit them have served.

Article 95

1. the judge may, at the request of the party concerned, recommend that to this by the Registrar a certified copy of letters delivered or transferred free of charge or writings will be given. 2. It concerns an authentic piece under custody of a public custodian, then the copy in the place of the original piece, as long as this is not returned.

Article 96

If the piece to transfer a portion of a register, of which it cannot be separated, the judge recommended that the registry, for the time at the command, available for inspection will be transferred.

Article 97

1. The supervisory judge may, outside the case of search, of its own motion or on the application of the prosecution official, to seizure at any place an investigation. 2. He can do accompany himself of certain persons designated by him.

Article 98

1. the judge shall have the power to do search in seizure with leave of the Court of Justice, at his request or on the claim of the prosecution officer. In the latter case, the prosecution claim that officer to leave the search warrant by the court-appointed receiver result will be given. 2. At urgency can, however, the court-appointed receiver of its own motion or on the application of the prosecution official, without that leave house search do in the homes, premises and places, at 85, first paragraph, under article 1, designated.

Article 99

1. Search is made by the official receiver as much as possible in the presence of the prosecution officer or an auxiliary officer. Article 97, paragraph 2, shall apply. 2. By entering ener property against the will of the occupant is twice within twenty-four hours. 3. Article 87 shall apply.

Article 100


1. The search ranges except in the case of article 98, paragraph 2, not cover letters or other writings that are not the subject of the offence or to commit them have served, unless under express leave of the Court of Justice. 2. Article 86, paragraph 2, shall apply.

Article 101

1. Article 88 is in respect of the supervisory judge shall apply mutatis mutandis; the efforts of the prosecution official, by article 88 stated, in the activities of the supervisory judge by it as soon as possible and continue. 2. The supervisory judge shall have jurisdiction to determine that the contents of seized closed packages, letters, documents and other communications, which shall be annexed to the post, telegraphy or another establishment of transport were entrusted, will be taken, as far as they evidently intended for the suspect or of him.

§ 4

CUSTODY OF SEIZED OBJECTS

Article 102

1. Seized objects are closed, as far as possible, kept in a sealed envelope. On the cover must be:-a communication from the day of the seizure;-a mention of the one in whom they;-a short table of contents, and the signature of the person, which has sealed the cover and such notes on the cover. If the objects are not suitable to be in a folder, to which objects a strip attached, running the same communication and entry is being made and who is signed. Can to some not be met, then the objects are certified as much as possible. As far as possible to the person from whom they have been seized, a proof of receipt issued. 2. The seized objects, as soon as the importance of research permits, put under the care of a State Decree designated custodian.

Article 103-23

1. The objects are not alienated, destroyed, or disclosed to a purpose other than the research intended, unless after permission obtained. 2. If the objects are not suitable for storage, can such a permission be granted by the public prosecutor to the depositary or to the officer that the objects pending their transport to the custodian. 3. If the objects are not suitable for storage for an extended period of time, the judge to whom the case is prosecuted or else last was persecuted, at the request of the public prosecutor, such permission to the depositary services. 4. The in list I of the law on drugs (S.B. 1998 No.14) named resources are not suitable for storage.

Article 104

State decision rules are given as to the way in which the seized objects be preserved and made available to the examination held, or, pursuant to the preceding article, be alienated, destroyed, or disclosed to a purpose other than the intended research.

§ 5

RETURN OF SEIZED OBJECTS

Article 105-24

1. as soon as the interest of the criminal procedure is not more opposition to the return of a seized object, does the public prosecutor this by the keeper returned to the one, at which it is seized, against advice of receipt. 2. If this before the prosecution official or one of his officers help explains, the object by a criminal offense to have withdrawn from a certain person or no objection to returning the object to a particular person, the public prosecutor's Office can do the subject back to that person. 3. Outside the case of the preceding paragraph, the public prosecutor's Office can do the object back to a person other than the one under which it is seized, if they are not within fourteen days after the public prosecutor him a communication of the intention to do such a mean return has complained or the complaint has been declared unfounded. 4. As a condition for the return of an object can be required by the public security Ministry.

Article 106

During the preliminary enquiry, the public prosecutor's Office a written authorization by the court-appointed receiver for the exercise of the powers granted in the preceding article. Of the moment, that the case at the hearing was brought up to the final judgment, the public prosecutor for this exercise requires the written authorization of the judge.

Article 107

1. A burden for the restitution of a seized object is addressed to the custodian. 2. The charge does not, because the object lawfully alienated, destroyed, or disclosed to a purpose other than the research is intended, he goes over to payment of the price, which is the subject to sale by him should have reasonably muster. 3. The custodian indicates the object is not back as long as there is a seizure of rest, laid under him by a third party pursuant to the code of civil procedure.

FOURTH AFDELING25

SEIZURE OF CLAIMS

Expired.

Article 108-26

Expired.

Article 109-27

Expired.

Article 110-28

Expired.

Article 111-29

Expired.

Article 112-30

Expired.

FIFTH SECTION

ENTERING HOUSES AND ENTERING SOME

SPECIAL PLACES

Article 113

1. the criminal investigation officer, who do not have the capacity of prosecution officer or auxiliary Prosecutor, and the bailiff, pursuant to any provision of this Code to the enter a dwelling against the will of the occupant is competent, exercise their competence not matter, unless equipped with a general or specific written last of a member of the public prosecutor or of a special written by order of the District Commissioner. 2. By entering ener property against the will of the occupant is twice within twenty-four hours. It is also the time of entry and of the aim pursued thereby gave an indication to that effect. This report shall be immediately communicated to the resident in transcript.

Article 114

The written charge is only given in a particular case and to the attainment of any permission described in this special purpose, either in the case of a general charge all properties, either in case of a special burden determined preferred homes,.

Article 115

The law enforcement officer or bailiff, in a dwelling against the will of the occupant in an orderly fashion, can appropriate qualifications of certain persons designated by him. In this case, thereof in the minutes reported.

Article 116

In cases where entering places under this Code is allowed, it shall do so, outside the case of committing an offence, not: 1 °. in the Chamber of the Parliament, during the meeting; 2 °. in the premises in which hearings are held, during the hearing; 3 °. in the premises for the religion intended, during the religious exercise.

SIXTH SECTION

ENFORCEMENT OF THE ORDER ON THE OCCASION

OF ACTIVITIES

Article 117

1. for the enforcement of the order on the occasion of activities assume the authority, which is charged with the running animal operations. 2. This one takes the necessary measures to ensure that those activities will be able to take place without impairment. 3. If someone disturbs the order or in any way is cumbersome, can the relevant authority, if necessary, to have warned, after him recommended that he will leave and, in the case of refusal, do remove him and up to the expiration of the activities in insurance do. 4. Of this is reported, that at the process-pieces must be attached.

SEVENTH DIVISION

MEASURES ON THE OCCASION OF A

JUDICIAL PROCEEDINGS OR A HOUSE SEARCH

Article 118

1. In the case of judicial proceedings or house search, the authority thereby gave the necessary measures to take surveillance or closing and recommend that no one without his express bewilliging, of the place of judicial proceedings or of the search warrant will remove, as long as the work is not over. 2. He can command the offenders do sum up and up to the expiration do persist.

TITLE V

SWEARING in

Article 119

In cases where a swearing pursuant to the provisions of this Code is prescribed, apply as in relation to taking an oath or a promise or confirmation, as with regard to the way of swearing, the provisions of the law of 2 August 1937, laying down a general eedsregeling for Suriname (G.B. No. 79), on pain of nullity.

TITLE VI

MEANING OF SOME IN THE CODE

COMMON EXPRESSIONS

Article 120

Investigators under means all persons with the detection of the offence charged.

Article 121

Under prosecution officers "means officers, which, under the provisions in the rules of procedure on the judiciary in Suriname are charged with the prosecution of criminal offences.

Article 122

1. Committing an offence takes place, when the offence is discovered, while committing or immediately after committing. 2. The case of committing an offence is deemed no longer here than shortly after the fact animal discovery.

Article 123

Where of crime in general or of any crime in particular, including participating in and attempt to that crime is understood, as far as not from any provision to the contrary.

Article 124


Among parents of a minor be taken to mean the parents of parental power or custody of the minor.

Article 125

Where a time limit is expressed in days, means free days, as far as not from any provision to the contrary.

Article 126

Under the preparatory research is the research which precedes to the treatment at the hearing.

Article 127

Under pre-trial detention is defined as the deprivation of liberty pursuant to a warrant of detention or extension of custody, an order of detention, or an order of arrest or prolongation of imprisonment.

Article 128

Under seizure of any object means the take among themselves or go like that object for the benefit of the criminal procedure.

128a-article 31

Under objects is intended to cover all assets, both movable and immovable property, as well as business and personal rights.

31 inserted rec. at S.B. 2002, no. 67.

Article 129

In answering of the question or whether or not a case is finished, the legal effect, by article 235 to the disclosure of new objections connected, disregarded.

Article 130

Under day means a time of 24 hours, under month a time of thirty days.

Article 131

Under the power to obtain a copy of documents is understood that to taking notes there.

Article 132

Means: under judicial decisions both decisions as the pronunciations; among the decisions not on the hearing given decisions; among the statements given on the hearing decisions; among end statements the statements to suspension of prosecution or at explanation of lack of competence, inadmissibility or nullity of subpoena, and those at the end of the entire research on the hearing on the case.

SECOND BOOK

INVESTIGATION, PRELIMINARY ENQUIRY

AND DECISIONS ON FURTHER PROSECUTION

TITLE I

THE DETECTION RESEARCH

FIRST DIVISION

THE OFFICIALS

Article 133

The Attorney General is responsible for the detection of the offences richtige. To this end, he gives orders to the other members of the public prosecutor.

Article 134

1. With the detection of criminal offences are responsible for: 1 °. the Attorney General and the other members of the public prosecutor's Office; 2 °. the District Commissioners; 3 °. the police officers; 4 °. the extraordinary agents of police, if and in so far as they are authorised by the Minister for Justice and law enforcement are appropriate. 2. The competence of the persons mentioned in the preceding paragraph under 2 ° and 4 °, is limited to the territory for which they are appointed.

Article 135-32Met the detection of criminal offences are also charged they, whose vigilance, by special laws the maintenance or care for the compliance or the detection of the offences referred to therein is entrusted, for as far as the facts are concerned.

Article 136

1. The Attorney General and the other members of the public prosecutor's Office give recommend the other persons with the detection charged. 2. The investigators have the right in the exercise of their activities the help of the public and of the civil armed force. 3. These are required to the claim immediately.

Article 137

To arrange, by State Decree, the public prosecutor in the interests of the investigation in criminal matters the collaboration invocation of persons and bodies, which in the field of rehabilitation or of child protection or to such area, and to this the necessary commands.

Article 138

1. where a member of the public prosecutor personally carried out detection, he does his findings turn out at reported on his oath of Office. 2. The remaining investigators make possible written report of detected offence by them or of what has been done or stood by them to detection. The report is put them up on their oath of Office or, where those who have passed, not through them within twenty-four hours twice sworn in for an auxiliary Prosecutor that a statement on the police report. 3. The reports are submitted by the investigators personally laid out, dated and signed; This should also be specified explicitly as much as possible the reasons of science.

Article 139

When the prosecution officer became aware of an offence, he shall inform the necessary investigation in and progresses, so to this end terms are, that to be passed setting up a preliminary enquiry.

Article 140

1. The prosecution officer is at all times competent in order to include any local State or any object on display, with the persons designated by him, to enter any place other than a dwelling, which access by the resident is denied. 2. The prosecution official can of its own motion or at the request of the suspect one or more

32 WT. at S.B. 1980 no. 116.

nominate experts in order to educate him or, if necessary, to assist with his command advanced investigation and him a reasoned report back. The provisions of the fifth Division of the third find Title shall apply mutatis mutandis.

Article 141

In case of committing an offence or a crime for which pre-trial detention is permitted, the prosecution official, who set up a preliminary investigation progresses, pending action by the judge, at urgency, in order to include a local State or an object on display, enter any place where the Act is committed or has left traces.

Article 142

The actions of the prosecution officer can not be seen, then also has any of his help in articles 140 and 141 officers the powers defined.

Article 143

On site where within the limits within which they are competent to help prosecutors detection are: 1 °. the District Commissioners; 2 °. the police officers, authorized by the Minister of Justice and the police designated.

Article 144

The investigators, who are not members of the public prosecutor's Office and no help officer, do their police reports, declarations, or posts of criminal offences, as well as the indication if offended party, with the seized objects, to forward without delay the help prosecutors, under whose command or supervision they are.

Article 145

The help prosecutors do the police reports, or received by them to put them up, as well as the assignments if offended party, and the seized objects to the prosecution official, unless it decides otherwise.

Article 146

Without prejudice to the provisions of special laws do the persons referred to in article 135 their police reports and the declarations or messages of criminal offences, as well as the assignments if offended party, with the seized objects, to forward without delay the prosecution official, unless it decides otherwise.

Article 147

After 142, 144, 145 and in accordance with articles 146 to have acted, wait the help prosecutors and other investigators detailed commands of the destruction officer then; wait not condones the importance of research in such a way, then they put the research tradition, in order to bring more clarity to the case. Of this research do they prove in minutes, with which they act in accordance with articles 144, 145 or 146.

SECOND DIVISION

DECLARATIONS, COMPLAINTS AND STATEMENTS IF OFFENDED PARTY

Article 148-33

1. Anyone who is aware of one of the offences defined in articles 128-145a and 149 of the criminal code, in Title VII of the second book of the code, as far as danger is thereby caused or in articles 347-359, that code, by kidnapping or of rape or of the intention to these crimes, is obliged to immediately inform do when a law enforcement officer. 2. The provision of the first paragraph shall not apply to him whom the Declaration would create danger for a criminal offence by himself or by someone at whose prosecution he of moving testimony might change.

Article 149

Anyone who is aware of a criminal offence committed shall have the power to do klachte or declaration thereof.

Article 150

Public colleges or officials, who in the exercise of their control knowledge of a criminal offence and not with the detection of this fact are in charge, are required to declare accordingly without delay, with issuance of the case relative to the pieces, to the prosecution official or to a his help officers.


Article 151-341. The Declaration of any criminal offense will be presented orally or in writing to the competent official or by the declarant in person, or by another, authorized by him of a special written proxy. 2. The oral declaration is referred to by the official who receives her in writing and after reading signed by him with the declarant or his representative. If this can not draw, is the reason of the obstacle mentioned. 3. The written declaration shall be signed by the declarant or his representative. 4. The written proxy, or so they for a notary in minute is past, an authentic copy thereof, shall be attached to the Act. 5. To receive the declarations provided for in articles 148 and 149, the investigators, and to receive the declarations referred to in article 150, the officers required. 6. Article 145 shall apply.

Article 152-35

1. criminal acts only on the basis of a complaint shall be made actionable, this complaint orally or in writing, to the competent official, either by the grantee to the complaint in person, or by another, authorized by him of a special written proxy. The complaint is made in a return with request for prosecution. 2. The second, third and fourth paragraph of the preceding article shall apply. 3. Everything under penalty of nullity.

Article 153

1. To receiving of complaints is each prosecution officer and any help Prosecutor empowered and required. 2. Article 145 shall apply.

Article 154-36

1. The withdrawal of the complaint is made at the officials, in the manner and in the form for doing articles 151, 152 and of the complaint to the 153.2. Article 145 shall apply.

Article 155

Anyone who by the offence of another has suffered damage can apply if offended party. In regard to those of contents, article 151, first to fourth paragraph of in future application. The investigators are to receive the task required.

THIRD DIVISION

DECISIONS ON PROSECUTION

Article 156

1. If as a result of the investigation the Public Prosecutor considers that prosecution should take place, it goes to this end as soon as possible. 2. Also on the grounds of persecution can be dispensed to the public interest.

TITLE II

THE COURT-APPOINTED RECEIVER IN CHARGE OF THE

TREATMENT OF CRIMINAL CASES

FIRST DIVISION

APPOINTMENT AND DISMISSAL

Article 157

1. the Court of Justice shall appoint, after hearing the Attorney General, one or more of its members or members-deputies to judge in charge of the treatment of criminal cases in the district courts. 2. The designation shall be for a term of two years. Immediate reappointment takes place only on request. 3. The supervisory judge may at his request, if there are important reasons for the expiration of his service time by the Court of Justice, the Attorney General heard, be fired. 4. The judge put after his service he started treatment time ener thing on and that brings to an end.

Article 158

At foreclosure or the absence of a judge-designate of the service is perceived by one of his counterparts, or, if these are also prevented, by one of the members or members-alternate members of the Court of Justice, be determined by the President of the court designated.

SECOND DIVISION

OPERATIONS OF THE COURT-APPOINTED RECEIVER

IN GENERAL

Article 1591. The court-appointed receiver is at its operations assisted by the Registrar. 2. At foreclosure or the absence of this the judge-Commissioner designate a person in urgent cases, in order to designate transactions for certain to act as Registrar. This alternate Registrar will before the start of his work in the hands of the official receiver the oath or declaration that he will fulfill his duties properly.

Article 160

1. does the court-appointed receiver by the court clerk an accurate minutes laying out what the investigation has stated, done and for cases or by him is observed; This should also be specified explicitly as much as possible the reasons of science. 2. If this results in correct understanding of a statement or for other reasons is desired, or if the suspect, witness or expert or counsel so requires, he also the question on which the statement is made, in the minutes recording. 3. If the accused, witness or expert or counsel insists that some of contents in the own words will be included, is that, as far as the task does not exceed reasonable limits, as much as possible.

Article 161

No questions are asked what the thrust to obtain statements, which have not to say that they have been made in freedom.

Article 162

1. any witness, expert or suspicious signs its statement after it was read out him or by him was read, and he stated has to persist. 2. In the absence of signature is the refusal or the cause of the prejudice.

Article 163

1. Between the lines of the police report is not written. 2. The erasures and references be signed or authenticated by the judge and the Registrar, and the deletion by him on whose declaration or reference. In the absence of signature or certification, the refusal or the cause of the obstacle mentioned. 3. Which is in violation of this article is included in the minutes, is onwaarde.

Article 164

The police report is signed by the judge and the Registrar.

Article 165

1. the judge may, as much as possible in consultation with the prosecution official, in the interest of the investigation, doing investigations reveal that commissioning and give orders to the officials referred to in article 134 under the numbers 2, 3 and 4 and to the persons mentioned in article 135.2. The court-appointed receiver has equal authority as in article 137 to the prosecution.

Article 166

If in the absence of the prosecution during the investigation officer any offence is committed, does the judge a report format, and to forward that to the public prosecutor. He can also, in the cases and on the grounds listed in article 56, of its own motion, issue an order for custody against the defendant. The provisions of the second division of the fourth title of the first book are then apply.

Article 167

1. the Court of Justice shall ensure against undue delay of the investigation. 2. It may, either ex officio or at the request of the prosecution official or on the claim of the accused, the present and the immediate process-pieces do or recommend early termination of investigations.

TITLE III

CORRIDOR OF THE PRELIMINARY ENQUIRY

FIRST DIVISION

THE CLAIM OF THE PROSECUTION OFFICER

Article 168

1. If the prosecuting officer in accordance with the provisions of article 139 in respect of a criminal offence, a preliminary enquiry deems necessary, he progresses by the supervisory judge shall, without delay, to this end, will be codified. 2. In the claim is the fact described as accurate as possible in this state of matter. 3. That claim or, if the suspect is known, later first to submit without delay a further claim indicates the suspect.

Article 169

1. The prosecution officer should also be a further claim in as soon as the preliminary enquiry should be extended to other offences, and as soon as the importance of research allows the submission, when a more accurate description of the fact has become possible. 2. As soon as the court-appointed receiver, whether or not after the request of the suspect, finds that a further claim is necessary, he gives written notice thereof to the prosecution official.

Article 170

1. the judge shall inform the prosecution official content of the documents relating to the preliminary enquiry Commission, so often this so requires. 2. If the content of the documents the prosecution official, he does the required claims for further investigation.

Article 171

If the judge finds that to the preliminary enquiry no ground exists, he explains this in a reasoned decision. SECOND AFDELINGINSTELLEN OF THE PRELIMINARY ENQUIRY

Article 172-37

1. If the examination is passed, to be set up as soon as and as often as the interest of the case this progresses, suspects, witnesses and experts heard.

2. is a reasonable suspicion that the accused unlawful advantage of any importance has obtained, then the preliminary enquiry Commission be directed to the determination of this benefit, with a view to deprivation thereof on the basis of article 54d of the Penal Code. 3. At the invitation of the court-appointed receiver or done on a request in so far as they stated no objection, the prosecution official attend the interrogations, in whole or in part. He is to becoming empowered, if the defence counsel at the trial today. In this case promotes the supervisory judge, upon the request of the prosecution official, to coordinate with the interrogations can be nowadays, without the research thereby may be stopped. 4. The prosecution official can, even when he does not attend the interrogations, specify the questions, which he wishes to see.

Article 173


1. As far as the importance of this research in the view of the judge does not prohibit, the counsel shall be entitled to attend interrogations. The judge, upon the request of the legal counsel, to coordinate with the interrogations can be nowadays, without the research thereby may be stopped. 2. If attending the hearing, counsel invites the court-appointed receiver him in or outside the presence of the person to answer the questions, he would like to see. 3. If counsel does not attend the hearing he may specify, which he wishes to see the questions. 4. The first paragraph shall not apply in respect of counsel for a suspect who, in the opinion of the court-appointed receiver desbewust and without a valid reason unable to attend shows, to its appearance in the preliminary enquiry.

Article 174

If in his opinion, there are reasonable grounds for believing that the witness or expert will not be able to appear at the hearing, the court-appointed receiver invites the prosecution official, the suspect and counsel to attend the interview, unless the interest of the investigation no postponement of the trial condones.

Article 175

The court-appointed receiver take the necessary measures to prevent the suspect appeared at verhore, witnesses and experts for or during their trial with one another.

Article 176-38

1. The suspects, witnesses and experts are interrogated individually. 2. The judge, however, either of its own motion, or at them can claim the prosecution official or upon the request of the accused or his counsel, opposite one another or one another's presence in interrogation.

Article 177-39

1. the judge asks the defendants, witnesses to the name and forenames, age, occupation and place of residence or stay; In addition, the suspect to place of birth, as well as witnesses and experts to their religion. If the suspect is known, asks the judge the witnesses and the experts, whether they are his relatives or aangehuwden, and, if so, to what degree. 2. The supervisory judge may either on its own initiative, or at the claim of the prosecution official or upon the request of the accused or his counsel or by the witness, determine that asking for a particular given referred to in paragraph 1 of this article, not will be left, if there are reasonable grounds for believing that the witness related to the passing of his statement will experience inconvenience or in the performance of his/her job will be hindered; the court-appointed receiver takes measures reasonably necessary to prevent disclosure of this data. 3. The judge makes in his official report mention the reasons why the provisions of paragraph 2 of this article has found application. 4. In case of an interrogation of a threatened witness finds the provisions of paragraph 1 of this article shall apply.

Article 178

1. If a defendant, witness or expert cannot understand the Dutch language, an interpreter appointed by the court-appointed receiver, which must have reached the age of eighteen years. 2. If a defendant or witness can not hear or speak or only very imperfectly, the court-appointed receiver that determines the questions or answers in writing will be done. 3. Can the suspect or witness referred to in the previous paragraph not or only very flawed reading or writing, the official receiver appoint an appropriate person to interpreter. 4. The interpreter is, if necessary, on the orders of the judge summoned. This let him declare on oath that he will fulfill his duties to his best know, unless he has been admitted as a sworn interpreter for scheduled services. If the person referred to in the previous paragraph, the age of eighteen years has not yet reached, he is on pain of nullity, not sworn, but are called upon to perform properly the task.

Article 179

1. The supervisory judge may, either on its own initiative, or at the claim of the prosecution official or upon the request of the accused or his counsel, in order to include any local State or an object on display, with the persons designated by him, to enter any place other than a dwelling which access by the resident is denied.

2. The place Is a dwelling which access by the resident is denied, then for entering the leave of the Court of justice required. 3. At urgency can, however, the court-appointed receiver without leave to enter, if accompanied by a prosecution official or at ontsten-tenis of these foreclosure or by the head of the local government. 4. By entering is twice within twenty-four hours. 5. The supervisory judge may determine that the accused, the witnesses and the experts on the site will be answered.

Article 180

1. The supervisory judge gives timely written notice of the proposed judicial proceedings in respect of the prosecution officer and, as far as this is not prohibited, the importance of research to the suspect and his counsel. 2. The prosecution official can at all legal proceedings respect nowadays. The suspect and his counsel are, as far as the importance of research this does not prohibit by the supervisory judge allowed judicial proceedings to attend units in whole or in part; they can request that they be allowed to do or information may give instructions or that certain comments in the minutes will be listed.

Article 181

The judge may, of its own motion or on the application of the prosecution official, recommended that the suspect against whom serious concerns exist, and, in case of urgent necessity, in addition, those in respect of whom it is suspected that they are traces of the offence to the body or to the clothing, to their person will be examined.

Article 182

If it is necessary that an investigation into the spirit power of the defendant against whom provisional detention is ordered, will be set up and this is not sufficient can take place in any other way, recommends that the judge either on its own initiative, or at the claim of the prosecution official or upon the request of the accused or his counsel, that the accused for observation will be transferred to a command to indicate in the decoration to the nursing or healing intended.

Article 183

1. the command mentioned in article 182, is reasoned and is not given until after the opinion of one or more experts is sought and the accused and his counsel, if he has one, are heard or called up. The court-appointed receiver invites the prosecution officer off at the interrogation today. 2. The command on the last to carry forward, and that where a request by the defendant is rejected, these without delay means. 3. The suspect or his counsel may recommend that within eight days of the service of inhoger job at the Court of Justice, which decided as soon as possible. 4. The Court may also, in the case of an appeal by the prosecution official, before deciding, by the court-appointed receiver to set up and do a further research the relative documents are required.

Article 184

1. the stay at the establishment counts as pre-trial detention, should not exceed the period of six weeks, and ends once the suspect in freedom. 2. The supervisory judge may, either on its own initiative, or at the claim of the prosecution officer or at the request of the accused or his counsel, at all times recommended that it stay at the establishment will take an end.

Article 185

1. If the judge shows that when setting the preliminary enquiry forms are neglected, on pain of nullity prescribed, he recommends, either on its own initiative, or at the claim of the prosecution officer or at the request of the accused or his counsel, if possible the recovery of the absence, under indication of the operations which will take place again for this purpose. 2. In the absence of forms, on which no nullity, he can recommend that the failure may be recovered in the same way. 3. In case of default or invalidity of a statutory service recommends he in like manner, if possible, that the service still is to take place.

THIRD DIVISION

THE INTERROGATION OF THE SUSPECT

Article 186

1. the judge does, as often as he considers it necessary, the suspect, so this is in police custody, for itself. He can the summons of the accused, that freedom is, recommended. 2. In no case, the preliminary enquiry closed before the suspect is heard, at least.

Article 187

1. If the accused is unable to appear, his trial shall be made to the place where he stops. 2. The supervisory judge may to this end with the persons designated by him, and having regard to the provisions of article 179, any place.

Article 188-40

1. If the accused appears in freedom and not on the summons, the judge once again do sue him. 2. If it is a fact, for which the suspect can be held in custody, the Court may issue an order to fellow Commissioner completion.

Article 189


1. Every time on the occasion of the first interrogation of the accused, after a claim by the prosecution official, referred to in articles 168 and 169, is received, a copy to him by the court-appointed receiver animal claim. 2. The judge can, however, recommend that the claim already before the trial will be served to the suspect.

Article 190

1. The accused may at his trial oral witnesses and experts as well as facts to research. In the process, the record shall be, as far as the task does not exceed reasonable limits, a mention, with brief indication of what the witnesses and experts specified by the suspect could explain. 2. If the official receiver objects, either by mentioning in the minutes, either by questioning the specified witnesses or experts, either by the search for the specified facts, he shares his refusal to to some, at the trial or the next succeeding trial to the defendant Commission. 3. The accused may within three days after a notice of objection against that refusal to the Court of Justice, which decided as soon as possible.

Article 191

At his trial the accused is notified of the oral statements of witnesses and experts, who are heard outside his presence, in so far as, in the opinion of the judge the importance of the investigation does not prohibit this. The suspect is the science of certain tasks remember, then gives the supervisory judge him orally that the communication is not complete.

FOURTH DIVISION

THE QUESTIONING OF THE WITNESS

Article 192-41

1. the judge listens to the witness, whose trial is considered desirable by him, is ordered by the Court or by the prosecution officer is sought. He can his subpoena recommended. 2. The prosecution official may, by reasoned decision refusing an order from the court-appointed receiver for a summons referred to in paragraph 1 of this article, if the prosecution official on the basis of his initial judgment, that the witness meets the in article 206a conditions referred to paragraph 1 (a) and (b), has promised him that he in no other way than in accordance with the provisions of articles 206 c to 206f will be answered; After the refusal in writing without delay and terkennis of the judge and the accused, the prosecution official, if he has not yet done, the procedure referred to in article 206a (1). 3. The provisions of paragraph 2 shall continue to apply in the event of a subpoena from a threatened witness.

Article 193

1. (I) if the witness is unable to appear, his trial shall be made to the place where he stops. 2. The supervisory judge may to this end with the persons designated by him, and having regard to the provisions of article 179 each place.

Article 194-42

1. Anyone who is summoned as a witness, is mandatory for the court-appointed receiver to appear. 2. If the witness is not on the subpoena appears can once again do the supervisory judge sue him or issue a command to completion.

Article 195

The witness explains the whole truth and nothing but the truth will say.

Article 196

1. The court-appointed receiver, if he deems it necessary or at the request of the public prosecutor, the witness under oath that he the whole truth and nothing but the truth will say. 2. If a witness with defective development or disturbance of his morbid mind capabilities, in the opinion of the judge, the meaning of the oath is not sufficient, or if a witness knows the age of fifteen years has not yet reached, he is not sworn, on pain of nullity, but notice the whole truth and nothing but the truth to say. 3. Of the reason of the collection letter is being reported in the minutes.

Article 197

Of giving testimony or from answering certain questions can change: 1 °. des suspects or co-defendants blood or marriage in the straight line; 2 °. des suspects or co-defendants blood or marriage up to the third degree embedded in the sidelines; 3 °. des suspects or co-defendants spouse or former spouse, or the person with whom the accused or the suspect lives or has lived together fellow actually sustainable. Of that cohabitation from the population register must prove, proof to the contrary.

Article 198

Of giving testimony or answering certain questions can also change those who by virtue of their status, their job or their Office to secrecy, but only about what the science to them as such is entrusted.

Article 199

The witness can change of answering question asked him, if he thereby ener or himself or his blood or marriage in the direct line or in the sidelines in the second or third degree or his/her spouse or former spouse or the person with whom he lives or has lived together in fact sustainable, to the danger ener criminal conviction would expose.

Article 199a-43

The witness who by virtue of his Office or profession involved in the hearing of a witness or of a prior trial threatened by that witness during the preparatory proceedings, can change of answering a question submitted to him, as far as this for concealing the identity of the endangered witness is necessary.

Article 200

1. The witness explains his statement, without a written essay serving. 2. The judge, however, can allow the witness for particular reasons, in his statement in such a way to make use of writings or written notes as he will afford.

Article 201

1. If the witness at his trial without any legal justification refuses to answer the questions or his advanced statement, oath or declaration, recommends that the court-appointed receiver, so this is in the interest of the research is urgently needed, either on its own initiative, or at the claim of the prosecution official or upon the request of the accused that the witness will be made hostage until the Court of Justice will have decided in this regard. 2. The court-appointed receiver does within two days after the start of the hostage report to the Court of Justice, unless the witness of the hostage-taking is fired. The Court recommends that as soon as possible, that the witness will be held hostage or there will be sacked. The witness is heard, at least in advance.

Article 202

1. the order of the Court that the witness will be held hostage, is for no longer than twelve days valid. 2. The Court may, however, during the preliminary enquiry on report of the supervisory judge or at the request of the prosecution official, every time that command with less than 12 days. The witness is heard, at least in advance.

Article 203

1. the judge recommends the dismissal of the witness from the hostage-taking, once it has met its obligations or his testimony is no longer needed. 2. The Court may at any time either on its own initiative, or on the report of the court-appointed receiver or on the claim of the prosecution official or upon the request of the witness, his resignation from the hostage-taking. The witness is heard, at least sued. 3. In any case, ordered the prosecution official resigned from the hostage-taking as soon as the conclusion of the preliminary enquiry has become final.

Article 204

All decisions involving hostage-taking is ordered or renewed or which have a request of the witness to resigned from the hostage-taking is rejected, with reasons on which they are based and shall be communicated to the witness meant.

Article 205

1. during the hostage-taking can the witness discussed with a lawyer in Suriname practice exercising. In special cases the Court of Justice may, at the request of the witness to lawyers, who practice exercise, allow elsewhere as counsel to act. 2. The lawyer has free access to the witness, can only speak and exchange letters with him without that of the content by others is noted, below the required monitoring, in accordance with the internal regulations, and without the research thereby may be stopped. 3. The court-appointed receiver, the lawyer, at his request, of the reports on the questioning of the witness take note. 4. He can as far as the importance of research this does not prohibit, the lawyer, at his request, also allow the other process-pieces take note.

Article 206

When the testimony of the President of the Republic should be required during the preliminary enquiry and he agreed will have to be heard, the Court will-Commissioner with the Registrar at Paleize, there to receive the statement of the President.

FOURTH DIVISION A44

ENDANGERED WITNESSES

Article 206a-45


1. The supervisory judge recommends either on its own initiative, or at the claim of the prosecution official or upon the request of the accused or his counsel or of the witness, that on the occasion of the hearing of that witness is kept his identity hidden, if: a. the witness or another person, with a view to the Declaration by the witness to , may deem that threatened in such a way, to reasonably to be adopted, for the life, health or safety or the disruption of family life or socio-economic existence of that witness or that other person to be feared, ENP. the witness indicated because of this threat to no explanation of vote; in the other case he points the claim or reject the application. 2. The prosecution official, the suspect and his counsel, and the witness will be given the opportunity to be heard on this subject. 3. The court-appointed receiver is not about to the questioning of the witness, as long as no appeal against his decision still stands and, if this is set, until it is revoked or it is decided, unless the interest of the investigation no postponement of the trial condones; in that case, the court-appointed receiver the minutes of questioning of the witness among themselves until the appeal is decided.

Article 206b-46

1. the decision taken pursuant to article 206a (1) by the court-appointed receiver is reasoned, dated and signed and shall be immediately notified in writing of the prosecution officer and served on the accused and the witness, indicating the period within which and the manner in which the appeal against the decision, is to be set. 2. Against the decision stands for the prosecution officer within fourteen days after the date of the decision and for the accused and the witness within fourteen days after the service thereof at the Court of appeal is in actual construction, for which the case is being prosecuted. 3. The Court shall decide as quickly as possible; If the appeal against a lawful order founded in accordance with article 206a (1) is held and the court-appointed receiver the witness already subject to articles 206 c to 206f has answered, the court-appointed receiver make sure the minutes of questioning of the witness is destroyed; the court-appointed receiver makes of this written report; Article 206f shall apply mutatis mutandis. 4. Appeal against the order of the Court is not allowed.

Article 206 c-47

1. Prior to the hearing of a threatened witness the Court-Commissioner is aware of his identity and is mentioned in the police report to have done this. 2. The witness is sworn or giving notice in accordance with the provisions of article 196.

3. the judge listens to the endangered witness in such a way that his identity remains hidden.

Article 206d-48

1. If the importance of the hidden the identity of the endangered witness this progresses, the supervisory judge may determine that the defendant or his counsel or know in the interrogation of the endangered witness excluded; in the latter case is also the prosecution officer not competent in doing so today. 2. The court-appointed receiver allows the prosecution official, the suspect or his counsel, if he has not attended the trial of the witness, as soon as possible of the content of the Declaration made by the witness, offering him the opportunity to specify in writing the questions he would like to see made; unless the importance of the investigation no postponement of the trial condones, can ask already before the start of the trial. 3. If the judge does not prevent that a reply to the notice by the endangered witness comes from the prosecution official, the suspect or his counsel, the court-appointed receiver in the minutes record that the question asked by the endangered witness has been answered.

Article 206th-49

During the trial the judge shall examine the reliability of the endangered witness and submit on this subject in the report give an account.

Article 206f-50

1. The supervisory judge shall, as far as possible in consultation with the prosecution official, the measures reasonably necessary to the identity of the endangered witness and the witness, in respect of whom a request or claim referred to in paragraph 1 has been submitted as long as article 206a thereabouts yet irrevocably is decided, to keep hidden. 2. He is responsible for that purpose in process pieces of data relating to the identification of the witness to leave unmentioned the advantages or procedural documents. 3. The anonymisation is referred to by the judge and the clerk signed or certified.

FIFTH SECTION

EXPERTS

Article 207

1. The supervisory judge may, either on its own initiative, or on the advancement of the

.

prosecution official or the request of the suspect, appoint one or more experts, in order to inform or to assist him and, if necessary, with his command advanced investigation and him a reasoned report back. He can recommend their summons. 2. The suspect is entitled to request that one or more persons as recommended by it experts will be appointed. If the importance of the investigation does not prohibit this, choose the supervisory judge one or more of the recommended by the experts suspect people. 3. With regard to the experts and find articles 193 and 194 their trial as well as the articles 197-200 shall apply mutatis mutandis. 4. Anyone who has been appointed to expert, is obliged by the court-appointed receiver advanced services to prove.

Article 208

1. the judge let the expert explain under oath, that he will fulfill his duties to his best knowledge. 2. Of the person who, at the request of the public prosecutor by the Court of Justice, permanent judicial expert is sworn, in respect of the publication of a written report no further oath advanced.

Article 209

The judge determines the time at which the research experts will be commenced, and the term within which this will have to be over; This period may be extended by the court-appointed receiver.

Article 210

1. the judge gives the prosecution officer written or oral knowledge of the assignment to the experts, from time and place of their research and of the outcome. 2. If the importance of the research are not moving, gives the judge the defendant and his counsel in writing of the assignment to the experts and time and place of their research. 3. Notification of the outcome shall be equal, as soon as the importance of research permits.

Article 211

1. the study of experts shall take place in the presence of the judge, if necessary. 2. The judge may, if the importance of the research are not moving, provide that the accused who of the command done to experts, notified, and his counsel, the research experts will be able to attend, in whole or in part. The prosecution official can the investigation today.

3. The prosecution official, the accused and his counsel have, whether or not the research experts outside their presence, the jurisdiction with regard to that research evidence to do and make comments. Desverlangd is to the experts and to the suspect the opportunity before or, in so far as it seems necessary in the interests of research, via the court-appointed receiver to have a maintenance. With regard to the prosecution officer and counsel is the second paragraph of article 180 shall apply mutatis mutandis. 4. The judge shall inform the experts of the comments and evidence, as far as this happened outside their presence, whether oral or in writing.

Article 212

1. The suspect to whom the command done to experts, knowledge is given, for its part, is entitled to designate an expert. This has the right in the investigation by the experts, who are appointed by the supervisory judge, nowadays. He can give the necessary indications and comments. 2. The supervisory judge may on grounds the person located, the admission of a certain designated expert to refuse the investigation. 3. In that case he shall, without delay, its refusal to the judgement of the Court of Justice that the admission may order. 4. In no case shall, unless the judge herein these spouses consent, by the indication delay in starting or the course of the investigation.

Article 213

1. The accused who is notified of the outcome of the research, has the power to appoint an expert, for its part, entitled the report of the expert appointed by the court-appointed receiver. The second and third paragraph of the preceding article shall apply mutatis mutandis. 2. In no case shall, unless the judge herein these spouses consent, by the indication delay in the course of the preliminary enquiry take place. 3. The judge grants the appropriate access or copy of the expert report referred to in paragraph 1.

Article 214


1. with regard to the suspect by the expert appointed in accordance with one of the two previous articles, articles 193, 194, 208-210 and 211, third and fourth paragraph, shall apply mutatis mutandis. 2. That expert brings to the judge a reasoned report. This report is released in writing or orally, according to the court-appointed receiver this progresses. 3. The expert, who is designated by the suspect, from the country's coffers will receive a fee on the same footing as the expert who has been appointed by the court-appointed receiver.

Article 215

In the event that either the way in which the research was done by the experts, either the difference of the experts on the facts, whether the difference in judgment velling,, the Court may, either of its own motion-Commissioner, either on the advancement of the prosecuting officer or upon the request of the accused, the search to one or more other experts. The previous articles of this section and article 216 shall apply.

Article 216

The judge can impose secrecy experts.

SIXTH SECTION

CONCLUSION OF THE PRELIMINARY ENQUIRY

Article 217-51

1. If the judge finds that the preliminary investigation is complete or that no ground exists to continuation, he closes the investigation by a decision in which the reason of the closure is indicated. 2. The court-appointed receiver does this decision to the prosecution officer and, if known, to the suspect. 3. If the prosecution officer to the court-appointed receiver said that prosecution is waived in writing, ends the preliminary enquiry.

Article 218-52

Expired.

Article 219-53

Expired.

Article 220-541. Set up or continue if the persecution under article 4 has been ordered by the Court of Justice, the communication referred to in article 217, paragraph 3, does not take place, then after the Court in it bewilligd. 2. The prosecution officer does the process to this end-pieces, accompanied by a report containing the grounds for such a communication, to the Court.

SEVENTH DIVISION

ACTS OF THE COURT-APPOINTED RECEIVER AFTER THE

CONCLUSION OF THE PRELIMINARY ENQUIRY

Article 221-55

1. If the preliminary enquiry is closed, but the investigation on the hearing has not yet been commenced, the Court of Justice may, on the advancement of the

51 WT. at S.B. 2002 No. 85.37 terminate upon S.B. 2002 No. 67.53 terminate upon S.B. 2002 No. 67.54 WT. at S.B. 2002 No. 67.55 WT. at S.B. 2002, no. 67.

prosecution official or upon the request of the accused, the court-appointed receiver carrying out certain acts of commissioning further research; the court-appointed receiver can by the prosecution officer advanced or by the accused requested investigative measures also without such a command. 2. The investigation is a preliminary enquiry and is in accordance with the provisions of the second to the fifth section of this title. 3. Of the expiry of the examination shall be made by the judge to the prosecution officer and notified in writing to the suspect.

TITLE III A56

CRIMINAL FINANCIAL RESEARCH

Article 57-221a

1. A criminal financial investigation can only be set under an authorisation, pursuant to article 344a; It is by written decision brought by the prosecution officer; This decision shall be notified to the suspect. 2. A criminal financial research is focused on the determination of the by the accused wrongly obtained advantage, with a view to deprivation thereof on the basis of article 54d of the Penal Code.

Article 58-221b

1. under the given permission is a law enforcement officer pursuant to article 344a on presentation of a copy of the authorized permission, in order to get an insight into the financial position of the person against whom the research is addressed to everyone recommending him on the first claim: a. task to do or give access to or copies of documents or data; b. to specify whether , and if so what assets he has, or has had, what accessories or belonged to the person against whom the research is focused; c. and thus provided written documents. 2. The command is not aimed against whom the investigation is aimed. 3. A valid reason for refusal to comply with the order on the basis of power to change exists for the persons in article 93 paragraph 2, under the conditions laid down there.

Article 221c-59

1. During the criminal justice financial research is the prosecution official authorized all objects that can serve to retain the right to impose up to story for a obligation to pay a sum of money to the State for withdrawal of wrongly obtained advantage.

56 inserted rec. at S.B. 2002 No. 38.35 inserted rec. at S.B. 2002 No. 67.58 inserted rec. at S.B. 2002 No. 62.84 inserted rec. at S.B. 2002, no. 67.

2. If the prosecution officer deems it necessary, he progresses that the court-appointed receiver in seizure search warrant does or other exercises powers under paragraph 3 to come him. 3. To the judge during the criminal justice financial research the same powers as during a preliminary enquiry, except that: a. a leave of absence from the Court of Justice for doing house search in seizure not required; b. He also empowered to do is search for the seizure of letters or other writings which can serve to the one against whom the research is directed wrongly obtained advantage to show , or the extradition of these letters and other writings recommended; c. he disliked is the one against whom the research is focused or his counsel to attend any enquiry to be carried out by him.

Article 221d-60

1. as soon as the prosecution officer finds that the criminal justice financial investigation is complete or that the continuation thereof no ground exists, he closes the investigation by written dated decision; He shall transmit this decision to the judge and does mean a copy to the person against whom the criminal financial research is aimed, inter communication from the right to obtain a copy of the pieces of the investigation. 2. The one against whom the research is, it may request the Court of Justice to recommend the termination of investigations. The Court may in this case, the pieces of the research required. 3. The Court heard the applicant, at least. If less than six months have passed since a previous application under this article is filed, the Court may, however, declare inadmissible the request without further research. 4. If the request is well founded, the Court may recommend the criminal prosecution official financial research, but not than after it has been heard. 5. A closed criminal financial investigation can only be reopened pursuant to any further authorisation, by the supervisory judge granted upon application of the prosecuting officer.

TITLE IV

DECISION ON FURTHER PROSECUTION

Article 222

1. If, following the preliminary study established the Public Prosecutor considers that further prosecution should take place, it goes to this end as soon as possible.

60 inserted rec. at S.B. 2002, no. 67.

2. as long as the research on the hearing has not yet been started, can be waived prosecution, also on grounds to the public interest.

Article 223-61

In case of the communication referred to in article 217 (3) does the prosecution officer shall immediately notify the suspect that he him in respect of the fact on which the Court will prosecute for investigation, no further.

Article 224-62

1. If a preliminary enquiry was held, the prosecution official, outside the case of the preceding article, at the latest within one month after the preliminary enquiry is closed, either this announces that he him in respect of the fact being investigated had, not advance will sue, or that related to that research to further persecution of any particular fact described will be passed either sue him in court. 2. The term can claim the prosecution officer to the case by a competent district judge be extended twice for not more than one month.

61 WT. at S.B. 2002 No. 67.62 WT. at S.B. 2002, no. 67.

3. The prosecution official can, upon the request of the accused, and whether or not under it to certain conditions, for doing a certain longer term notification in accordance with the first paragraph.

Article 225


1. If a preliminary enquiry not took place, but pre-trial detention is applied, the prosecution official, as soon as the case is brought or the suspect clarify announces that he him in respect of the fact, for which pre-trial detention is applied, no further will continue, or that to further persecution of any particular fact described will be passed, either sue him in court. 2. The accused may to the case to a competent court of first instance requests the prosecution officer to set a time limit, within which this to notice or summons in accordance with the provision of the preceding paragraph must be made. 3. The suspect is heard, at least on the request. 4. The last two members of the previous article shall apply. 5. The obligation to notify or subpoena shall lapse if within the prescribed time or extended deadline a preliminary enquiry has been opened.

Article 226-63

1. By a notice of non further prosecution ends the case. 2. In case of lack of jurisdiction of the Court may, however, be continued for another dish research. 3. Set up or continue if the persecution has been ordered by the Court pursuant to article 4, a notification of further prosecution, not unless a Communica-ling as in article 217, paragraph 3 referred, does not take place, then after the Court has bewilligd in it. Article 220, paragraph 2, shall apply.

Article 227

If the case is not further prosecuted on grounds of lack of competence of the Court to obtain a copy of the fact, of non-admissibility of the prosecution official, not criminality of whether the accused person or of insufficient indication of guilt, is of that land in the notification message.

Article 228

In the case of a notification of further prosecution, the suspect of crime made aware of the requirements of article 230, first paragraph; in that notification is indicated, at which district judge the case will be prosecuted.

Article 229

1. If the prosecuting officer is of the opinion that article 55, paragraph 1, of the Penal Code is applicable, but that also the charge, mentioned in the second paragraph of that article must be given, shall be the notification of further prosecution. 2. In that case, the prosecution officer have jurisdiction to claim a treatment by the Council room. Article 230, second to last paragraph applies.

Article 230

1. the notification of further prosecution Against the accused of felony within fourteen days a notice of objection with the Court, in that notification. The notice of objection already released by operation of law the summons does expire. 2. The suspect is heard, at least during the investigation. 3. The Court may, before deciding, by the court-appointed receiver to set up a research and the relative documents are required. This research is considered to be a court for research and is in accordance with the provisions of the second to the fifth Division of the third title of this book. 4. If the fact not to the knowledge of the Court, he declares itself incompetent. 5. Is the prosecution officer not be admissible, the fact that the notification of further prosecution, or the suspect is not punishable, or insufficient indication of

63 WT. at S.B. 2002, no. 67.

debt available, then it shall notify the suspect outside prosecution. In the case referred to in article 55, paragraph 1, of the criminal code, may also the charge, mentioned in the second paragraph of that article,. 6. In all other cases, refer the suspect described in the decision in respect of a particular fact on which the notification of further prosecution, to the hearing.

Article 231

Is also given to the decision beyond prosecution count the charge, mentioned in the second paragraph of article 55 of the criminal code, the accused or his counsel submission by means of a declaration, at the registry of the Court that the decision, to go at the latest within twelve days after the decision has become final. In that case will void the decision and the judge the defendant refers in the decision to refer a matter to the Court in respect of a particular defined fact on which the notification of further prosecution, to the hearing.

Article 232

In case of outside prosecution or ' disqualification is the prosecution officer within six days of the decision and in the event of ' disqualification or reference the suspect within six days after service of the decision, appeal to the Court of Justice decided that as soon as possible.

Article 233

1. If the prosecution officer has given notice that it will prosecute the case further or if after the suspect has been referred to the hearing, he does it as soon as possible sue in court. See the prosecution officer from further prosecution, then the accused without delay, he announces that he him in respect of the fact on which the notification of further prosecution or reference, no further will sue. 2. If the prosecution fails to officer summons him, at the request of the accused by the Court of first instance in accordance with article 228 in the notification of further prosecution, and otherwise by a competent district judge the case to be made within a period which, either for a summons or notice of non further prosecution should be codified. 3. The term can be applied to the advancement of the prosecution official by the Court be extended each time for a period of time.

Article 234

All judicial decisions taken pursuant to this Title, are the reasons on which they are based and shall be communicated to the suspect.

Article 235-64

1. Except as provided for by article 226, second paragraph, the suspect after his outdoor prosecution count, after the notification of further prosecution not meant him or after him meant disposal, attesting that the case is terminated, in respect

64 WT. at S.B. 2002, no. 67.

of the same fact not re-in rights are involved, unless new objections have become known. 2. As new objections can only be classified statements of witnesses or of the suspect and pieces, modest and police reports, which later have become known or have not been investigated. 3. In this case, the suspect not at the hearing on the right are indicted, then after a set of preliminary objections in respect animal new research. 4. In case of default or of a period for further prosecution or further notice of non prosecution the accused in respect of the same fact not re-in rights are involved than under the conditions provided for in the preceding paragraphs. To the case, however, can be a competent District Court at the request of the prosecution official, it once a new term if the public interest the urgent demands. The accused is on the claim heard, at least. Article 233, paragraph 3, shall apply. 5. Absence of a deadline for further prosecution or further proceedings are not present shall be deemed notice of non, if a timely released summons to appear at the hearing to, expires or is revoked or annulled.

FINAL PROVISIONS CONCERNING THE

PREPARATORY RESEARCH

Article 236

1. If the district judge shows, that at the preliminary examination forms are neglected or omission or invalidity of a statutory service has taken place, the provisions of article 185 shall apply mutatis mutandis. 2. The research on the hearing in first instance commenced, then, except as provided for in article 237, absence of forms at the preparatory proceedings no longer lead to invalidity.

Article 237-65

Expired.

THIRD BOOK

TO THE HEARING

TITLE I

THE REFERRAL OF THE CASE TO

HEARING IN FIRST INSTANCE

Article 238-66

1. The case is referred at the hearing at first instance by a subpoena because of the prosecution officer to the suspect meant; the lawsuit takes a starting.

65 terminate upon S.B. 2002 No. 69.98 wt. at S.B. 1980 no. 116.

2. If a notification of further prosecution or a reference to the hearing, the description of the fact in the summons, on pain of nullity, correspond to the description of the fact in the notification or the decision reference. 3. If with respect to any charged to fact notification of further prosecution or a reference to the hearing is preceded in the summons mentioned. 4. The Court determines, on the request and the recommendation of the prosecution official, the day of the hearing.

Article 239

Offences which are made in the same hearing and between which link or which have been committed by the same person shall be attached to the notification of the right subject, if this is in the interest of the research is.

Article 240


1. The prosecution officer has the power to summon witnesses and experts at the hearing do or written to do calls. 2. At the summons of the accused are also specified the names, the occupation and the place of stay or residence, or, in ignorance of some description, as precisely as possible, of witnesses and experts, which because of the prosecution will be subpoenaed or called officer. 3. The suspect is informed that he has the right to summon witnesses and experts do, or on the hearing Commission. He is also made aware of the requirements of articles 243, paragraph 1, and 263, paragraph 1.

Article 241

1. The prosecution does to each officer, which stand in connection with the alleged fact has specified, in accordance with article 155 if offended party announces the date, time and place of the hearing. 2. The notification shall be made, if possible, at least three days before the day of hearing. It covers a short indication of the alleged fact. When the notification is the offended party also alerted on the 316 and 318 of articles relating to-320.

Article 242

1. The summons shall contain a statement of the fact that charges, indicating about what time and where spot the would be committed; everything under penalty of nullity. 2. It covers also the indication of the circumstances in which the fact would have been committed.

Article 243

1. Against the summons, as far as this concerns a crime in respect of which further persecution of or a reference to the hearing not preceded, the suspect within three days after service a notice of objection with the Court of first instance, unless Article 246, paragraph 2, has found application. 2. Articles 230-232 on the notice of objection against the notification of further prosecution, as well as the next three articles shall apply mutatis mutandis. 3. The notice of appeal as of right the summons as a whole does expire.

Article 244

1. The accused shall have the power to summon witnesses and experts at the hearing do. 2. He does thereof, having regard to the provisions of article 240, paragraph 2, at least two days before the hearing of contents to the prosecution officer. 3. In the calculation of the period specified in the preceding paragraph, are days on which the Office is closed, not medegeteld; by written declaration, the date of receipt of the letter, which thereupon without delay, as a day of task. 4. The prosecution official, the witnesses and experts, rated in accordance with the two previous members, Sue without delay. Article 245Op the request of the accused, the judge may order the summons of certain witnesses and experts.

Article 245a-67

The prosecution officer can refuse a reasoned decision by the accused witness specified to do sue or do calls or a command given by the judge to subpoena or summons of a witness: a. If the witness a threatened witness, ORB. If the prosecution official on the basis of his initial judgment, that the witness meets the in article 206a conditions referred to paragraph 1 (a) and (b), has promised him that he in no other way than in accordance with the provisions of articles 206 c to 206f will be answered; the refusal shall be immediately notified in writing of the judge and the suspect.

Article 246

1. Under penalty of nullity must be between the day on which the summons has been served to the suspect, and that of hearing a period of at least four days. The days on which the Office is closed, are not medegeteld. 2. With the consent of the accused, this period can be shortened, if this permission evidenced by a statement, on the clerk of the Court for which summoned; Articles 380 and 381 shall apply mutatis mutandis. The service of the summons shall be made by a judicial officer or a servant of the public power, the suspect also include the statement in the deed of issue; He needs the Declaration; If he can't draw, is the cause

67 inserted rec. at S.B. 2002 No. 70.

of the impediment in the Act. 3. Voluntary appearance of the suspect to a subpoena served in violation of the requirements of this article, covers the nullity. 4. In this case, however, the judge at the request of the suspect recommends suspension of the investigation, any given day.

Article 247

1. as long as the research on the hearing has not yet been commenced, the prosecution official withdrawal of the summons to the suspect do mean. 2. The prosecution officer shall ensure that the producing subpoenaed witnesses and experts in a timely manner with the withdrawal will be announced. 3. Is at or after the withdrawal of the subpoena from further prosecution in addition, than does the accused officer in writing without delay the prosecution announced that he him in respect of the fact that the summons, no further will sue. The articles 226, 227 and 235 apply.

Article 248

1. If the summons is withdrawn, without that the defendant has been served a notice of non further prosecution, the Court shall, at the request of the accused or his counsel, the prosecution official a period within which either for a summons or notice of non further prosecution should be codified. Article 235, fourth and fifth member shall apply. 2. The term can claim the prosecution officer once by the Court be extended by one month.

TITLE II

THE REFERRAL OF THE CASE TO

HEARING ON APPEAL

Article 249

1. The case is on appeal at the hearing by subpoena, due to the prosecution officer to the suspect meant. 2. With regard to that subpoena is article 240 shall apply, except that the accused, rather than on the requirements of article 243, paragraph 1, is made aware of that of 251.3 article. On the grounds, mentioned in article 239, may be brought before different judgment. 4. The President shall fix, if possible within eight days after the pieces under 373 on the registry of the Court of Justice have been transferred, the day of the hearing.

Article 250

1. Under penalty of nullity must be between the day on which the summons has been served to the suspect, and that of hearing a period of at least fourteen days. Article 246, second, third and fourth paragraph, applies. 2. Article 241 shall apply mutatis mutandis, it being understood that effected in the offended party also is made aware of the requirements of article 317, and that the notification always Commission shall be carried out on the offended party that are in first instance in the proceedings.

Article 251

1. The prosecution officer and the suspect can be either at the hearing in first instance heard, if new witnesses and experts do sue. They can also create new documents or pieces of belief required. 2. Articles 244, second, third and fourth member, and 245 shall apply mutatis mutandis.

TITLE III

THE TREATMENT AT THE HEARING

FIRST DIVISION

GENERAL PROVISION

Article 252

The provisions in the following sections of this title shall apply to the treatment at the hearing in first instance and on appeal, provided that, where there is talk of the President and of the Court, including for the treatment at the hearing in first instance the Court of first instance shall mean, in so far as not out of any of those provisions otherwise and without prejudice to the provisions of Title IV of this book and in the titles I mentioned by the fifth book.

SECOND DIVISION

THE INVESTIGATION OF THE CASE ON THE HEARING

Article 253

1. the President is in charge of research on the hearing and gives the necessary recommended. 2. He shall ensure that no questions are asked, what the thrust to obtain statements, which have not can be said, that they have been made in freedom.

Article 254-68

1. the judge who as judge in the case has done any research, takes, on pain of nullity, to the research on the hearing not included. 2. To the research on the hearing on appeal is not open to the Court that the judgment.

Article 255

Apart from the judges and the Registrar of the Court at the table no one takes place.

Article 256

Neither the President nor any of the other judges on the hearing gives token of any conviction about the guilt or innocence of the accused.

Article 257

So the suspect disturbs the silence or the order on the hearing and fruitless by the President has been warned, the Court may recommend its removal from the Auditorium and, if necessary, that he during all or a portion of the session will be made in insurance. The treatment of the case is continued and the ruling shall be made equally as if the suspect nowadays. The Court is at all times authorised the suspect back to the hearing room and the order for detention.

Article 258-69

1. To attend the hearing, unless in special cases, at the discretion of the President, as listeners not allowed underage persons who have not yet reached the age of sixteen years. 2. In case of doubt as to the age must be made plausible to the satisfaction of the President, that the person who requires admission, has reached the age of sixteen years.

Article 259


1. The research is continued uninterrupted as possible. 2. However, because of the extent of the research breaks or the duration thereof or for taking rest by the Court are ordered. 3. The Court is also competent, if this is in the best interests of the research is advanced, with or without timing to order the suspension of the investigation. 4. The suspension with timing can be extended if necessary, each time for a period of time. 5. The suspect is in custody, the Court held in case of suspension of the investigation a deadline, but in no case by more than three months, within which the examination must. 6. The reasons of the interruption or suspension in the minutes of the hearing listed. 7. At the interruption or suspension may with the consent of the prosecuting officer and of the accused by the Court certain witnesses, experts and interpreters are needed however-zen, whose presence is no longer required for further investigation. The designation can also be limited to a part of the further investigation.

Article 260

The President does the research begin by doing exclamations of the case; He asks thereupon the defendant or, if there are more suspects, each of them, in the order in which they are

summoned, to name and first names, age, birthplace, occupation and place of residence or stay. He admonishes him (them) circumspect on which he (she) will hear.

Article 261

Against the defendant who is in default on the summons made to him on the hearing to appear or to be represented in accordance with the following article is default unless the Court gives the command at the start of the research referred to in article 263, paragraph 1; the research is then continued, without prejudice to the provisions in article 259.

Article 262

In cases concerning offences which carry no jail time, the suspect can be represented by a lawyer or, if authorized by him for that purpose certainly him only if the offences are charged offense, also by a duly authorized in writing, by special power of Attorney, unless the Court could not allow representation; in the latter case, the Court shall suspend the search for a certain time.

Article 263

1. If the suspect not on the hearing today, the Court both at the start and during the course of the investigation recommended that he's on a time determined by the Court at the hearing will be present. 2. If the suspect at the certain time on the hearing appeared, the default that against him granted, lapsed and the research on the hearing again commenced. 3. If the suspect at the certain time not on the hearing appeared, the Court grants default, if this has not yet taken place; the research is then continued.

Article 264

1. If outside the case of the second paragraph of the preceding article, the defendant against whom default judgment is granted, appears during the investigation on the hearing or, in the cases when the law allowed, the Court by a delegate representation and the representation allows, the default expire. 2. The Court may order that certain acts of investigation will take place or that the research again, either immediately or at a time determined by the Court, will begin again.

Article 265

1. The hearing shall be public, unless the Court of its own motion or on the application of the prosecution official or upon the request of the accused, in the interest of public order or morality, recommends that treatment at the hearing will take place behind closed doors, in whole or in part. The command may also be given on the request of a witness on the ground that the public in making his statement for him self, for one or more of his blood or marriage in the direct line or in the sidelines in the second or third degree or for his wife or former wife a serious affront honour and reputation would.

2. the reasons, on pain of nullity, in the minutes of the hearing. Against the first instance verdict is no job allowed. 3. The Court gives the order only after the applicant and in each case the prosecution officer and the suspect, if necessary with closed doors, hearing. 4. To attend the public session, the President may not grant special access. Article 2661. Are criminal offences which the Union should come to pass, in the same hearing, the Court recommends that separately the consolidation will take place. 2. The Court recommends that the split of joined cases, when they are not between those business present eight or the consolidation is not in the interest of the investigation.

Article 267-70

1. The prosecution officer carries the matter and submit a list of the seized objects, not returned. 2. He also explains a list of witnesses, which the President made for read by the court clerk. 3. Immediately after the list has been submitted and read, the accused, if the subpoena or summons of a witness by the prosecution in accordance with article 244 (4) official is failed or refused, on the basis of article 245a is ask the Court the subpoena or summons of that witness recommended. 4. The judge orders that the witnesses in accordance with article 244 (2) specified, whose subpoena or summons is neglected or denied on the basis of article 245a, at a time determined by him at the hearing will be subpoenaed or called in writing, unless duly justified decision he considers that by not hearing those witnesses nor the public prosecutor in the prosecution nor reasonably the suspect in his defense may be harmed. 5. If the prosecution official on the grounds referred to in article 245a (b) has refused to do a specified by the accused witness sue or do calls or a command given by the judge to subpoena or summons of a witness and that witness no decision referred to in article 206a (1) is given , the Court the documents held by the court-appointed receiver in order the witness, if necessary, taking account of articles 206 c to 206f to do interrogations; in the case of a specified by the accused witness remains the provisions of the preceding sentence shall not apply, if the judge at reasoned decision considers that by the lack of the interrogation the accused cannot reasonably in his defence is impaired; the prosecution officer should immediately after the pieces have been in the hands of the official receiver the claim referred to in article 206a (1); Article 168 shall apply mutatis mutandis.

6. The witness, whose subpoena or summons has been ordered by the Court or whose inclusion on the list by the prosecution officer is failed, is referred to by the Registrar on the list. 7. At the request of the prosecution officer or at the request of the defendant be witnesses, which are not on the list but on the hearing today, by the Registrar on the list unless the judge at reasoned decision considers that by not hearing those witnesses nor the public prosecutor in the prosecution nor reasonably the suspect in his defense may be harmed. 8. All on the list brought witnesses be heard, unless the Court with the consent of the prosecuting officer and the suspect of their questioning. 9. Failure to comply with the provisions of paragraphs 4 to 8 has nullity as a result.

Article 268

1. the President, if necessary, takes measures to prevent the witnesses stand before the passing of their testimony with one another. 2. The President recommends on the advancement of the prosecuting officer or upon the request of the accused, that witnesses before making their declaration will be staying in the intended departure for them, without prejudice to the provisions in Article 280, paragraph 1. The Court may grant such ex officio order. 3. The Court may, with the consent of the prosecuting officer and of the accused, the witness grant itself before making his statement to a specific time to remove.

Article 269


1. where the of nullity of the summons, inadmissibility of the prosecution official or lack of jurisdiction of the Court without examination of the case itself can prove, is the accused entitled to wear and weathering at for to lights after the nomination of the case and, if necessary, after a warrant has been issued as referred to in article 268, paragraph. 2. The prosecution official can answer. 3. The accused may once again and, if the prosecution officer then speak again, speak again. 4. The Court is going to debate on and shall rule. 5. The weathering untimely or unsubstantiated, the case itself immediately continued research. 6. The Court may of its own motion without examination of the case the invalidity of the summons, the inadmissibility of the prosecution officer or his own lack of competence or of proceedings on appeal, the non-ontvankelijheid of the appeal, brought by the public prosecutor or the accused, to give an opinion, after hearing the prosecution and the accused officer. 7. At issue in an appeal may also specify the suspect at the objections, which he may have against the. 8. The President is aware of the suspect on his powers in accordance with the first and seventh member.

Article 270

If in the proceedings at first instance the prosecution official, either following a weathering as referred to in the first paragraph of the preceding article, either by the Court of first instance heard pursuant to paragraph 6 of that article, considers that the subpoena should be changed, articles 299 and 300 of application.

Article 271

1. The accused is questioned, after the witnesses have been heard. He is, however, if it so requests, previously heard. 2. In order to hear the witnesses the President does the first of them appear before the Court and requiring the other, as far as in the hearing room, will go to the intended departure for them. 3. After the first witness statements, the other, each individual, voorgeroepen.

Article 272

1. all appeared witnesses be heard, unless the Court with the consent of the prosecuting officer and the suspect of their questioning. 2. If a witness has not appeared or called in writing or producing subpoenaed a witness appeared, after itself with license of the Court in accordance with article 268, paragraph 3, to have removed, at the certain time again not present, or without such a license is absent, the Court recommends, unless with the permission of the prosecution officer and the suspect of his trial or further trial is waived , or a renewed subpoena or written summons already in advance to respect, that he is superfluous or useless at a time determined by the Court at the hearing will be subpoenaed or called in writing; the Court may also order his fellow establishment. The same applies to the witness, who is not followed up an order referred to in article 279.

Article 273-71

1. the President asks the witness to name and first names, age, occupation, place of residence and religion; If he is related by blood or by the defendant and, if so, to what degree. If there are reasonable grounds for believing that the witness related to the passing of his statement will experience inconvenience or in the performance of his/her job will be hindered, the Court may determine that asking for a particular given referred to in the preceding sentence, not by the President will be left; the right takes measures reasonably necessary to disclosure of this data to ensure Comple. 2. The President then lets the witness under oath that he the whole truth and nothing but the truth will say. Article 196, paragraph 2, on the replacement of swearing by a reminder, shall apply mutatis mutandis. 3. The witness is questioned by the President. If, however, the witness during the preliminary study has not yet been heard and because of or on the request of the suspect, he is first summoned by the accused and then by the President questioned. 4. With regard to the hearing of the witness and his right of change find the articles 197-200 application.

Article 274

1. after the witness is questioned by the President, the other judges and then successively the prosecution officer and the accused ask him questions. Is the witness already under article 273, paragraph 3, by the accused or his counsel questioned, then immediately after the judges the prosecution official ask him questions. 2. The President gives in addition to the accused and his counsel have the opportunity against the witness and his statement, which defense can serve and to the prosecution official who to making comments in relation to the Declaration made by the witness.

Article 274a

Outside the case referred to in article 273, paragraph 3, second sentence, the President may upon the request of the accused or on the claim of the prosecution officer determine, that the witness not first by him will be questioned. In this case, the first witness questioned by the one, which has summoned him or on whose request he is summoned. After the questioning by the accused or his counsel, or by the prosecution official in the order and in the manner to be determined by the President. The President and the other judges are at all times authorised supplementary questions. The interrogation may be terminated at any time by the President. For the rest, find the provisions of this section relating to the hearing of the witness as much as possible application.

Article 275

During the further course of the investigation can the witnesses by the President, the remaining judges, the prosecution officer and the suspect still questions are asked. Article 274, paragraph 2, shall apply.

Article 276

The witness must expressly specify as much as possible in his statement are reasons of science.

Article 277

1. the Court may of its own motion or on the resistance of the prosecution official or verdachtebeletten that on the only question by the accused or his counsel, or by the prosecution to the witness, official response. 2. The prosecution officer and the defendant have jurisdiction with respect to any question, to the witness, comments, before it is answered.

Article 278-72

1. If the witness at his trial without any legal justification refuses to answer the questions or the oath or the promise of advanced him is,, the Court recommends, if this is in the interest of the research is urgently needed, that he will be made hostage and will be again at a specific time. 2. The command is not given until after the witness in his defense, nominated by him or his attorney, is heard. It is for no longer than thirty days. No appeal against this order was allowed. 3. The Court ordered the dismissal of the witness from the hostage-taking, once he has fulfilled its obligations or examination on the hearing is closed. It is, however, competent that dismissal in any State of research recommended, also at the request of the witness. 4. Articles 204 and 205 shall apply. 5. The ruling, in the proceedings in first instance, to reject an application for dismissal of the witness, is on this appeal within three days after service on the Court, which decided as soon as possible. The witness is heard, at least. The articles 377, 378, 379, paragraph 1, paragraph 2, first paragraph, first sentence and paragraph 3 and Articles 380-384 shall apply mutatis mutandis.

Article 279-73

1. After the passing of his statement remains the witness in the hearing room, unless the Court, with the consent of the prosecuting officer and of the accused, let him to far-deletion, if necessary with command to determine time again in the hearing room to be present. 2. By way of derogation from paragraph 1 of this article, the consent of the suspect before the departure of the witness from the hearing room not required, if the witness meets the conditions laid down in article 273, paragraph 1, second sentence.

Article 280

1. The President may, either of its own motion, or on the claim of the prosecution official or upon the request of the suspect, witnesses in front of one another. 2. In like manner he may recommend that, after trip testimony, one or more of the witnesses the hearing room will leave and that one or more of them will be admitted again in order, separately or in one another's presence, again to be heard.

Article 281

1. In the same way as in the previous article, the President may order that one or more defendants will leave the hearing room so that a witness outside of their presence will be questioned. 2. In that case, the defendant, on pain of nullity, be informed immediately of what in his absence is for cases and first after the investigation continued.

Article 282


1. If the witness suspected on the hearing to the crime of perjury to have been guilty, the Court may recommend research in this regard. 2. In that case, the Registrar immediately irrevocable and this by the President, the other judges and himself signed. The report contains the statement of the witness. 3. The statement of the witness is read out to him; then asked him, if he continues to persevere in his statement, in which case this is signed by him. In the absence of signature mentions the minutes the refusal or the reason of foreclosure. 4. The Court may recommend a preliminary enquiry, set up by a court-appointed receiver in charge of the treatment of criminal cases in the district courts. 5. The official report is made by the Court in the hands of the prosecution official.

Article 283

1. the President of the Republic is only heard as a witness after he has given his consent. He is in that case at Paleize by the President of the Court and sworn in as a witness in the presence of the Registrar heard. The provisions of article 310, first and second paragraph, first sentence, shall apply mutatis mutandis. 2. The statement, made in accordance with the preceding paragraph, read out at the hearing, provided that, if there will be driven.

Article 284-74

1. (I) If a witness has died or the renewed the Court subpoena or written summons of a witness in advance already has deemed superfluous or useless, or a witness, also after a warrant in accordance with article 272, paragraph 2, not appear or refuses to give testimony, appeared, or if a witness, in compliance with articles 206 c to 206f is interrogated the statement, which he will, during the preliminary enquiry after swearing or reminder has made in accordance with article 196, provided that, if at the hearing read out there made. 2. In all cases in which the Court the investigation on the hearing does start again, certain acts of investigation does take place, or again the examination in accordance with article 309 temporarily reopens, the preceding paragraph shall apply mutatis mutandis to the statement of a witness, before the Court during the previous research. 3. At issue on appeal is the first paragraph apply mutatis mutandis to the statement of a witness, during the investigation on the hearing at first instance.

Article 285

1. without prejudice to article 274a is the accused, after the witnesses have been heard, by the President questioned. 2. Is there more than one suspect, the questioning shall be in the order in which they are summoned. The President may, however, on its own initiative, on the advancement of the prosecuting officer or on the request of one of the suspects in a different order. 3. The President can interrupt the interrogation of a suspect for the hearing of witnesses.

Article 286

1. After the interrogation of the suspect by the President, the other judges and then successively the prosecution official, the legal counsel and the co-defendants ask him questions. 2. Already before those interviews, as well as during the further course of the investigation to the suspect by the President, the other judges, the prosecution official, the legal counsel and co-defendants questions. 3. The Court may provide that only question, the accused before his interrogation began, in accordance with the previous article to that questioning will be held. 4. The President may allow the defendant, counsel, at his request, questions to ask before to these by the prosecution officer questions.

Article 287

1. the Court may of its own motion or on the resistance of the prosecution officer or by counsel, that only question, by counsel or by a co-defendant or the prosecution officer to the suspect, is answered. 2. The prosecution officer and the suspect are responsible, with respect to any question, put to the suspect, comments before they answered.

Article 288

At the hearing of the accused is examined as much as possible or his statement on own science supports.

Article 289

1. all provisions of this Title with respect to witnesses and their statements are common, also apply in respect of experts and their statements, subject to:

1 °. that the expert has to explain under oath that he will fulfill his duties to his best know; 2 °. that article does not apply; 276 3 °. that hostage-taking is not allowed. 2. The statements and reports from experts are reasoned. 3. The experts are required to prove by the Court advanced services. 4. Of the person who, at the request of the public prosecutor, by the Court as permanent judicial expert is sworn, in respect of the publication of a written report no further oath advanced.

Article 290

1. The President may, either of its own motion, or on the claim of the prosecution official or upon the request of the accused, provide that questions related to the spirit of the suspect outside his presence capabilities will be made and treated, that the prosecution officer or counsel outside the presence of the accused on his mind power to speak or that the suspect outside the presence of one or more co-defendants will be heard. The last paragraph of article 281 applies.

Article 291

1. If a defendant or witness cannot understand the Dutch language, research has not take place without the assistance of an interpreter. 2. If a defendant or witness can not or only very imperfectly hear or speak, shall take place in writing the questions or the answers. 3. Can the suspect or witness referred to in the previous paragraph not or only very flawed reading or writing, the assistance of an appropriate person as interpreter advanced. 4. The interpreter is, if necessary, because of the prosecution officer to court. 5. If the assistance of an interpreter on the hearing appears to be necessary, the Court may recommend the indictment of an interpreter. 6. In the case of non-appearance of an interpreter is Article 272, paragraph 2 shall apply mutatis mutandis. 7. The accused may recuse the interpreter provided there are reasons giving. The Court shall forthwith on that ruling.

Article 292

1. The interpreter must have reached the age of eighteen years. 2. He explains, unless he should be admitted to the Court if sworn interpreter, an oath to fulfil its task of faithfully. 3. None of the witnesses or judges is admitted as an interpreter.

Article 293

In cases where the assistance of an interpreter is sought, is, on pain of nullity, to the bezware of the accused at the hearing is not heeded on which spoken or read out, without the film for him.

Article 294

1. Police reports, expert reports or other documents shall be by order of the President, when this or one of the other judges or the prosecution officer so requires, read out. 2. Equal reading will take place at the request of the accused, unless the Court of its own motion or on the resistance of the prosecution officer recommends otherwise. 3. In all cases where the accused calls for a congressional testimony on the hearing will be read out, in order to be classified as there made, that reading must take place. 4. The reading of documents may, unless the prosecution officer or the defendant opposes, be replaced by an oral communication of the summary by the President. 5. At the bezware of the accused is, under penalty of nullity, not eight pieces struck, then as far as they are read out or their plot has been notified in accordance with the preceding paragraph. 6. Pieces, which are read out on the hearing at first instance, or in accordance with the fourth paragraph of which there has been notified, the plot for the appeal may be considered as read. If, however, the suspicious requests, that certain documents will be read out again, is given to that request as far as by those reading the judgement of the Court reasonable limits are not exceeded.

Article 295

If necessary, the President is showing the defendant and the witnesses the objects which serve as pieces of conviction, and hear them on this subject.

Article 296

The Court has equal authority as in article 137 to the prosecution. It shall exercise the functions of that from either of its own motion or at the request of the prosecution officer, or at the request of the defendant.

Article 297

1. after hearing the witnesses and the accused can the prosecution official speak and he lays his claim, after reading, to the Court. The claim defines the penalty or measure, if imposition thereof is demanded, and mentions in that case also, what particular offence would have been committed.

2. The accused may say. 3. The prosecution official can once again take the floor afterwards. 4. However, to the suspect, on pain of nullity, the right to the last. 5. If next to the suspect further questions are asked or even prosecution witnesses be heard, the officer and the suspect then again, on the before mentioned foot.

Article 298

If the examination conditions are known, not mentioned in the summons, according to the law on the increase of criminal prosecution under the official authorized to charge them orally.

Article 299


1. If in the proceedings at first instance outside the case of the preceding article, the prosecution official finds that the indictment should be amended, he shall submit the content of the changes deemed necessary by him in writing to the district judge, for the first time in accordance with article 297 before he spoke, with claim that those changes will be permitted. 2. If the district judge assigns the claim, he does the content of the changes made to the minutes of the hearing record. In no case, changes can be allowed, as a result of which the indictment is no longer the same fact, within the meaning of article 94 of the criminal code, would involve.

Article 300

1. If the indictment in accordance with the preceding article has been changed, to the suspect by the Registrar a certified copy of the amended indictment on the hearing itself for, unless the District Court finds that with the presentation of a certified copy by the Registrar of the changes might be sufficient. The suspect is not present at the hearing, the amended indictment served him as soon as possible. 2. The district judge shall suspend the search for a given time; However, the research with the consent of the accused may immediately continue.

Article 301-75

1. If the prosecution officer progresses or the accused instructs, that witnesses or experts are heard, that are not already on the hearing or whose respect article 259, paragraph 6, is still applied, or will be heard, the Court recommends, if necessary enclose an order to completion, at a certain point in time the Commission subpoena or written notice of those witnesses or experts thereby, in the view of the Court as far as reasonable limits are not exceeded. The Court may also order such retirement. 2. Article 267 paragraph 5 shall apply mutatis mutandis to the order to subpoena ofschriftelijke summons of witnesses referred to in paragraph 1 of this article and the accompanying order for Commission establishment. 3. Of modest or pieces of belief, which is not present on the hearing, the Court may recommend the presentation at a specific time.

Article 302-76

1. If any investigation by the court-appointed receiver is necessary, the Court with suspension of the case until after the expiration thereof, under indication of the subject of the investigation and, if necessary, of the way in which this will be, the pieces in the hands of a court-appointed receiver in charge of the processing at the kantonge-rights. 2. The investigation is a preliminary enquiry and is in accordance with the provisions of the second to the fifth Division of the third title of the second book. At the end of the investigation the court-appointed receiver shares the pieces to the prosecution official.

Article 303

1. If it is necessary that an investigation into the spirit power of the defendant against whom provisional detention is ordered, is set and not enough in another way can take place, the Court recommends at a reasoned decision that the suspect for observation will be transferred to a in the command in-direction to nursing or healing intended. 2. The command is not given until after the opinion of one or more experts is sought and the vervolginsambtenaar, the defendant and his counsel, if he has one, were given an opportunity to be heard on the matter. 3. Article 184 shall apply, on the understanding that the command, referred to in the second paragraph of that article, by the Court.

Article 304

1. If the Court a judicial proceedings or of witnesses or defendants elsewhere than in the hearing room to be necessary, it can to that end, with suspension of the case, recommended that the hearing will be moved temporarily. 2. The Court is authorized to this end with the persons, designated by the Court, any place to enter. Article 136, paragraphs 2 and 3, with regard to the Court of application. By entering into a dwelling against the will of the occupant is twice within twenty-four hours. 3. The Court, following the conditions of the place where the temporary hearing will be held, to give the necessary regulations for the manner of treatment of the case on that hearing.

Article 305

1. In all cases where the research is interrupted or suspended by the President for a certain time to the defendant and to the aanwezige76 WT. at S.B. 2002 No. 70. witnesses, experts and oral interpreters the time became redundant, on which they will need to be present on the hearing, subject to the provisions of the last paragraph of article 259. That notice is regarded as summons. In the case of non-appearance of witnesses, experts or interpreters on the designated time is Article 272, paragraph 2, shall apply. 2. At the notice gives the President the accused oral knowledge of its powers under article 307.3. The witnesses, experts and interpreters, that came with the notice referred to in the first paragraph shall not be present on the hearing, in the event of suspension, for the detailed treatment again subpoenaed or called up, subject to the provisions of the last paragraph of article 259.

Article 306

1. In all cases where the investigation is suspended for an indefinite period of time, then once the cause of the suspension has expired, the suspect called and in writing are the witnesses, experts and interpreters at the hearing again for the detailed treatment determined, subpoenaed or called in writing, subject to the provisions of the last paragraph of article 259.2. With regard to the notice of the suspect article 246 and, with regard to the witnesses and experts because of the prosecution officer in accordance with the following article will be subpoenaed or called up, the provisions of article 240, paragraph 2 shall apply mutatis mutandis. It is also the suspect at that summons notified of his powers in accordance with the following article.

Article 307-77

1. In all cases where, after suspension, the research on another hearing is resumed, may be new, not yet heard witnesses and experts, as well as witnesses and experts whose respect article 259, paragraph 6, is applied, are indicted or sued in accordance with articles 244 and 240, first paragraph, 245.2. Articles 267 245a and 240 (2) and (3) paragraphs 5 and 7 shall apply mutatis mutandis.

Article 308

In all cases where the examination has been suspended, the case on the detailed hearing resumed in the State in which they are located at the time of the suspension, without prejudice to the provisions of article 264. The Court recommended that the investigation be started again on the hearing.

Article 309

1. Notwithstanding the suspension, the Court may at any time entrust any research on the hearing to reopen temporarily for certain urgent measures. 2. Articles 306, 307 and 308 apply.

Article 310

1. the Registrar shall keep the minutes of the hearing, in which successively notation shall be made of the observed shapes and all that's related to the case on the hearing occurs. 2. It includes the business content of the statements of suspects, witnesses and experts. If the prosecution officer progresses or the suspect requests that any statements verbatim will be included, is it, as far as the size of the Declaration does not exceed reasonable limits, by order of the President met as far as possible, their reading done. Eight the prosecution official or the suspect the statement is not enough, then make a decision. 3. The President may order in the minutes of any given circumstance, statement or declaration annotation will be done. 4. Equal notation, when one of the other judges it requires, or to the claim of the prosecution official or upon the request of the suspect.

Article 311

The report is by the President or one of the other judges, which has ruled on the case, and the court clerk and as soon as possible after the conclusion of the proceedings in the main hearing and in any case within the time limit set in paragraph 1 of article 352 signed. If one of both persons, who need to sign the minutes, is in the impossibility to do so, create the one, which is not in the situation described, in that piece of that message.

Article 312

To take any judicial decision pursuant to the provisions of this title may by the prosecution officer a claim and a request to the Court by the accused be done, unless any provision to the contrary.

Article 313

Before deciding on any request or resistance of the accused, the Court will hear the prosecution official. Before deciding on any claim or at any opposition from the then-investment officer, the Court held the suspect, if this nowadays, or his defence counsel the opportunity to speak.

Article 314

Refusal or failure to decide on a claim or a resistance of the prosecution officer or a request or resistance of the suspect, seeking to make use of a privilege or a right granted by law, nullity as a result.

Article 315


1. each jurisdiction on the accused at this title awarded also comes to his counsel. 2. In all cases provided for in this Title the consent or hearing the suspect or his counsel is sought, this is true only on the hearing

accused or counsel present. 3. At difference between the suspect and his counsel decides the consent or refusal of the suspect. THIRD PARTY AFDELINGBELEDIGDE

Article 316

1. The offended party may add in respect of its claim for compensation in the proceedings on the criminal proceedings at first instance. 2. The junction is at the hearing by an indication of the content of the claim, appearance before the prosecution officer submits his claim under article 297.

Article 317

1. The offended party that is not in the proceedings at first instance has attached, is unauthorized in the appeal proceedings. 2. The consolidation has taken place in the first instance, then it takes they, if and in so far as the claim is assigned, by operation of law on appeal, even though the offended party in appeal not published. 3. The claim is not, or only partly mapped, then the offended party within the limits its first claim in the proceedings on appeal. The second paragraph of the preceding article shall apply.

Article 318

Those who in a civil proceedings in straight to appear, assistance or represented to be, themselves in the criminal proceedings, that assistance or representation also in it. With regard to the suspect, the provisions on assistance or the representation, in civil matters, need not apply.

Article 319-78

1. The offended party may be represented or assisted by a lawyer or another authorized. 2. After the case is referred at the hearing, both the offended party as her lawyer or another authorized the clerk of peruse of the procedural documents, without the continuation of the case to stop. 3. The offended party may of these pieces, in so far as it so requires, to hare the expense statements. 4. At inability, at the discretion of the Court, it may order that the statements, which the offended party need be issued, free of charge. 78 WT. at S.B. 1980 no. 116.81

Article 320

The offended party may to proof of the damage suffered or the amount thereof, but no witnesses or experts provide fantastic handling.

Article 321-79

1. The offended party may ask questions to the witnesses and experts, but only concerning the damage suffered or the amount thereof. 2. The interrogation of witnesses and experts by the offended party or his lawyer shall be made by the President, unless the Court permits their without that intervention is to take place. The permission can be withdrawn. 3. The Court may prevent any question asked by or on behalf of the offended party, answer is given.

Article 322

The offended party may explain or do her claim, after the prosecution officer has submitted his claim under article 297. They stressed the word, after the prosecution official in the second male was given an opportunity to speak.

Article 323

1. The Court shall on the advancement of the offended party simultaneously with the criminal case ruling. 2. The claim will only be admissible if the defendant some punishment or measure is imposed. 3. For assignment of the claim the Court condemns the accused in whole or in part the costs incurred by the offended party created and yet to make the purpose of the implementation. 4. Does not include the costs which the Court declares to be needlessly made. 5. If the claim is not, or only partly, is assigned, the Court may condemn the offended party in whole or in part in the costs incurred by the defendant in his defense against the claim made, with the exception of those costs which the Court declares to be needlessly created. FOURTH AFDELINGBEWIJS

Article 324-80

1. proof that the suspect has committed the telastegelegde fact, can only be adopted by the Court, if he it the investigation on the hearing by the content of legitimate evidence the conviction has. 79 WT. at S.B. 1980 no. 116.80 WT. at S.B. 2002, no. 71,822. Not for the proof may be used, evidence obtained abroad, and whose method of production at the bezware of the accused in violation of basic legal standards.

Article 325

1. As a legitimate means of proof are only recognized: 1 °. own perception of justice; 2 °. statements of the accused; 3 °. statements made by a witness; 4 °. statements of an expert; 5 °. written documents. 2. Facts or circumstances of general awareness require no proof.

Article 326

Under their own perception of the right is defined as those due to the research on the hearing by him personally.

Article 327

1. statement by the suspect during the investigation on the hearing means statement of facts or circumstances made him own science known. 2. Such a task, done elsewhere than at the hearing, may result in the evidence, that the accused has committed the telastegelegde fact, work together, if thereof from any legal proof means. 3. Its tasks can only take affect. 4. Proof that the accused has committed the telastegelegde fact, can not only be adopted by the Court on the contents of the suspect.

Article 328-81

1. statement of a witness is understood during the investigation on the hearing communication of facts or circumstances, which he himself has observed or experienced. 2. The statement of a witness whose identity is not apparent, can only work up to the proof that the suspect has committed the telastegelegde fact, if at least the conditions that the witness a threatened witness is and as such by the court-appointed receiver in the manner provided for in articles 206 c to 206f is answered. 3. Proof that the accused has committed the telastegelegde fact, can not only be adopted by the Court on the statement by one witness.

Article 329

Under statement given by an expert means during the investigation on the hearing communicated sentiment in what its science teaches him about what is subject to his judgment.

Article 330-821. Under written modest means: 1 °. decisions in the legal form drawn up by colleges or persons entrusted with the administration of justice; 2 °. Police reports and other writings in the legal form drawn up by colleges and persons, authorized, and embracing their communication of facts or circumstances, observed or experienced by them; 3 °. writings drawn up by public colleges or officials under their management, covering topics in the service posed, and intended to be able to proof of any fact, or of any circumstance; 4 °. reports of experts, containing their sentiment in what their science teaches them about what is subject to their judgment; 5 °. all other writings; but this can only be related to the content of other evidence. 2. Proof that the accused has committed the telastegelegde fact, can be adopted by the Court on the minutes of a law enforcement officer. 3. A written answer on the statement of a person whose identity does not show, can only work up to the proof that the suspect has committed the telastegelegde fact, if at least the following conditions are met: a. the proof decision finds support in other largely evidence; b. by or on behalf of the accused is not at some point in the proceedings, the desire to the person referred to in the chapeau to examine or have examined.

Article 330a-83

Proof that the accused has committed the telastegelegde fact, not by the Court can only be adopted on the basis of statements by witnesses or written documents containing statements of threatened persons whose identity does not show. FIFTH AFDELINGBERAADSLAGING AND PRONUNCIATION

Article 331

1. At the end of the investigation the President declared closed and the decision shall be immediately, either by the President orally, when they do, according to the determination of the Court, will take place. 2. To certain time can be delayed until a further day the ruling orally. The ruling may not, on pain of nullity, be early, unless it is done in the presence of the suspect.

3. In no case shall take place later than the pronunciation on the one and twentieth day following the conclusion of the investigation. 4. In that case the pronunciation has not taken place, then the Court shall be deemed to be terminated without the imposition of sentence or measure.

Article 332

1. in the event at the debate shows that the research is not complete, the Court may on the hearing recommended that by the Court to determine on a hearing be resumed the investigation. 2. At the command are also indicated the witnesses, experts and interpreters, whose trial or presence, or the modest or pieces of belief, for whose perusal or visit the Court considers necessary. 3. In this case, acted as if it were research suspended for an indefinite period, it being understood that the compulsory summons only concern the suspect and the in the order designated witnesses, experts and interpreters.

Article 333


1. Also, in the case at the first paragraph of the preceding article, the Court in accordance with the provisions of article 302 an investigation by the court-appointed receiver take place. 2. In this case, acted as if it were research suspended for an indefinite period.

Article 334

1. the Court shall examine, on the basis of the indictment and following the research on the validity of the subpoena, are hearing are entitled to obtain a copy of the telastegelegde fact, the admissibility of the prosecution officer and whether there are grounds for suspension of the proceedings. 2. In the proceedings on appeal shall be done following the investigation research on the hearing at first instance, such as this has been formatted according to the police report, and the Court shall examine the admissibility of the appeal, before proceeding to the examination of the validity of the subpoena.

Article 335-84

1. If the investigation, referred to in the previous article,, the Court from the nullity of the summons, his competence, the inadmissibility of the prosecution official or the suspension of the prosecution, or the non-admissibility of the appeal set. 2. In case of a refusal of the prosecution officer to a lawful order by the judge to subpoena or summons of a witness as referred to in article 245a, while those under an irrevocable judicial decision No endangered witness witness, speaks the right the inadmissibility of the prosecution official in his prosecution from. 84 WT. at S.B. 2002 No. 70.85

Article 336

1. If the examination referred to in article 334, does not lead to the application of article 335 shall deliberate on the basis of the indictment and the Court as a result of the research on the hearing on whether there is evidence that the fact was committed by the accused and, if so, what offense the bewezenverklaarde according to the law; If it is assumed that the fact proven and punishable, then the Court shall deliberate about the punishability of the suspect and the imposition of sentence or measure, specifically provided for by law. 2. In the appeal, the debate Commission in response to the research on the hearing at first instance, such as this took place according to the formatted report, subject to the case in first instance article 363, paragraph 2, is applied. On the statements of witnesses and experts, such as those according to that written report that hearing, should be achtgeslagen for the proof, however, only insofar as the contents of that report shows that they are not disputed. The preceding sentence shall not apply if the appeal by default.

Article 337

1. The Court considers it to be a fact proven telastegelegde, the offence and the accused therefore punishable, then lays it on the penalty or measure, on the fact. 2. In the appeal can only be proven declared unanimously that of which the accused is acquitted in first instance. That unanimity is not, however, be required if an alternative is decided, that indictment in first instance by the accused was committed one of him telastegelegde facts. 3. If only the defendant on appeal has come, he can in respect of which in first instance has been declared dependent on proven, only with unanimity to a heavier penalty be condemned, than him at the verdict is imposed.

Article 338

1. considers that the Court is not proven that the defendant has committed the telastegelegde fact him, then him free. 2. The Court considers the fact, but this proved not to be a criminal offence or the accused therefore not punishable, then dismisses the him of all criminal proceedings to animal matter. In the case referred to in article 55, paragraph 1, of the criminal code, is given the charge if necessary, mentioned in the second paragraph of that article.

Article 339-85

1. In the case of imposition of penalty or measure, of acquittal or dismissal of all criminal proceedings, the Court ordered, unless it States to giving such a burden to be unable, that seized, had not returned objects will be returned to a named person, in so far as they are not be forfeited or withdrawn from traffic. The decision of the Court let everyone's rights on the object.

2. the Court may order that an object, which is the subject of proceedings in the civil courts is, in a certain way in those proceedings pending will be preserved at the expense of uneven. 3. On a charge, pursuant to the preceding paragraphs, article 107 shall apply mutatis mutandis. 4. The Court may require the return of confiscated objects under collateral order; in doing so, the Court may set a time limit within which the security is to be effected.

Article 340

1. do the offended party is at stake, then the Court shall deliberate Commission about his power to on the claim to judge, on the admissibility animal party, on the merits of its claim, and about the reference in the costs incurred by that party and the suspect made. 2. Depending on the outcome of the investigation, referred to in the previous paragraph, the Court from his lack of competence or inadmissibility of the offended party, or decide on the claim of the latter. 3. It decides also about the reference in the costs incurred by that party and the suspect.

Article 341

1. The judgment shall for as many name and first names, age, birthplace, occupation and domicile or residence of the defendant. 2. It shall also contain, on pain of nullity, the names of the judges or the district judge by whom it is pointed and the day of the verdict.

Article 342

1. In the proceedings at first instance contains the verdict, in the cases of the following article 335 decisions. 2. In the other cases, the judgment of the District Court its decision on the points, at article 336, paragraph 1, listed. 3. Is in violation of the defence by the accused expressly nominated in this respect, article 335 not applied or assumed that the proven stated a particular offence or that a certain strafverminderings-or defence is not present, then gives the Court of first instance in the judgment individual decision. 4. That judgment States further, in case of imposition of penalty or measure, the laws on which it is based. 5. The offended party has attached itself to the proceedings, then keep that verdict, the decision of the district judge in, taken in accordance with article 340, paragraph 6. Everything under penalty of nullity.

Article 343

1. The judgement, in the proceedings at first instance, the telastegelegde as well as the content of the evidence, as far as this to proof thereof must. 2. The decisions referred to in article 342, first, second, third and fifth paragraph, reasons shall be given. 3. The decision that the fact was committed by the accused, must be based on the content of the evidence and on the grounds on which the bewezenverklaarde from the content of that evidence is derived. 4. The verdict also gives the special reasons which have determined the punishment or measure. 5. Everything under penalty of nullity.

Article 344-86

1. If the evidence is adopted on the statement of a witness, as defined in article 196 (2) of a threatened witness, or of a witness wanted for questioning in the manner as provided for in articles 273 177 (2) second and third sentence of paragraph 1 or by written documents referred to in article 330 (3) gives the verdict , in the proceedings at first instance, in particular reason. 2. If, after suspension of the prosecution for a dispute point of civil law by the ruling of the civil court judgment that also gives them a derogation, in particular reason. 3. Everything under penalty of nullity.

Article 87-344a

1. The Court may authorize the public prosecutor in the sentence a criminal financial investigation. 2. Such authorisation may be granted only if the Tribunal considers that the accused has committed an offence in which a prison sentence of six years or later, by means of which or from the benefits of what offence he unlawfully obtained a substantial benefit. 3. The judgment contains the grounds on which the decision to set up a criminal financial research supports.

Article 345

In respect of facts, if punishable offense, can in the proceedings at first instance the Court of first instance, if he this expedient in connection with the minor importance of the fact and with conditions under which it is committed, in the award, that no penalty will be applied.

Article 346

1. the sentence pronounced at first instance, contains the last, by the Court of first instance in accordance with article 339, paragraph 1 or 2, in respect of seized objects. 2. Is that judgment by default, the district judge of the return or forfeiture of confiscated objects except such, if he is related to the provisions of article 485 necessary. 3. The judgment at first instance shall also contain the decision, by the Court of first instance in accordance with article 340, paragraph 3, taken on the reference in the costs incurred by the offended party and the accused.

Article 347


1. If in the proceedings at first instance the Sub-District Court forgery authentic writings, he explains at the judgment takes the whole piece he points to false, or in which the falsehood is made. 2. Once the judgment has become final, the clerk a note signed by him on the piece, incorporating in whole or in part, that this is false and saying the verdict in which this is done. 3. Gandhi, copies of or extracts from the piece are not issued, then enclosing the note asked.

Article 348

1. In the proceedings on appeal contains the judgement of the Court, in the case of article 335, the following decision. This is the reasons on which they are based. 2. In all other cases, the Court confirms the judgment of the District Court with total or partial reproduction, with improvement of the soils, or does it, with total or partial destruction of that judgment, which the Court of first instance had to do belong. 3. If, however, the main issue is decided not by the district judge and the research of it a result of the destruction of the judgement, the Court refers the case back to the same district court, unless the prosecution officer and the suspect the decision of the Court is required by. In case of reference does the District Court right in compliance with the Court's judgment. 4. If the judgement of the Court of first instance is destroyed in whole or in part, the provisions of articles 342-347, apply mutatis mutandis to the judgment by the Court to point 5. In case of destruction of the judgement of the District Court is the competent Court to take over certain parts of it in his judgment, in so far as they are not suffering to nullity. 6. Where multiple fact one main penalty is pronounced and the appeal is only set in respect of one or more of the facts, in case of destruction at the judgment with regard to the penalty, the penalty for the other fact or the other facts.

Article 349

1. The verdict is in first instance on pain of nullity, by the district judge in an open court in the presence of the prosecution officer and the Registrar. 2. On appeal, the ruling under penalty of nullity in a public sitting of the Court, composed of three members, in the presence of the prosecution officer and the Registrar. 3. The ruling shall be made by the Court or, if possible, one of the judges who ruled on the case.

Article 350

1. The accused who are examined at the hearing in respect of the fact in pre-trial detention, at the pronunciation nowadays, unless he is or he has given way to orally or in writing. 2. Is the defendant to attend der pronunciation outside State, then does the Registrar him at the place where he is held captive, possible the verdict as well as the notification referred to in the following article.

Article 351

If the defendant in the proceedings in first instance in pronouncing the judgment today, the Court of first instance gives him oral knowledge of the appeal against the verdict, that open, and of the period within which that remedy can be used.

Article 352

1. The verdict is twice within twenty-four hours after the ruling signed by the district judge or the judges who have ruled on the case and by the Registrar that came with the pronunciation nowadays. 2. So one or more of them to outside are at the end of the sentence is an indication to that effect. 3. As soon as the verdict is signed and, in any case, after expiry of the deadline mentioned in the first paragraph, the one against whom the judgement and his counsel and of the minutes of the hearing take notice.

Article 353

1. If the suspect at the judgment at first instance, by default, not of the entire indictment is acquitted, is a communication of the decision, in accordance with articles 335, 337, 338, paragraph 2, first paragraph, or at the verdict, due to the prosecution official as soon as possible to the suspect. This provision shall not apply in respect of the accused who, for so many is the lawsuit by default, the summons to appear in person at the hearing is meant to. The communication mentions the judge, who has the judgment pointed out, the date of the judgment, the judgment in the common legal description of the offence stating about what time and where spot that fact would be committed, and, where hetvonnis mentioned in name and first names, age, birthplace, occupation and domicile or residence of the defendant. 2. The communication is in all cases where the prosecution officer this determines, and incidentally, as far as possible, to the person of the accused means. 3. With respect to the suspicious article 17 of the Criminal Code applied, then the communication also mentions all to the relative command decisions and referred to in that article shall be not different from the service to him in person. 4. In the case of the default judgment, appeal pointed out, the preceding paragraphs shall apply mutatis mutandis.

TITLE IV

THE TRIAL OF OFFENCES AT FIRST INSTANCE

Article 354

Affairs, exclusively on facts as offense punishable, because of the Prosecutor's Office brought at first instance at the hearing: 1 °. either by summons; 2 °. hezij by convocation.

Article 355

1. the Court may by summons shall be made in case of committing an offence by the fact by a law enforcement officer, and takes place by summons of the accused because of the public prosecutor to appear at a hearing referred to in that notice of the competent District Court. 2. The notice shall contain a short indication of the fact, with details about what time and where spot the would be committed. It is by the official referred to in the preceding paragraph dated and signed and notified to the suspect be issued. 3. In the notice the condition mentioned, which the investigative officer in accordance with article 100a of the criminal code in order to avoid the prosecution should have. In the other cases, the notice a mention of jurisdiction, the defendant granted by article 100, paragraph 1, of that code. At the presentation, the content and scope of the summons to the accused, if possible, briefly explained orally. 4. The law enforcement officer makes in his official report mention the presentation of notice. 5. A double of the summons is at the minutes submitted. 6. Non-performance of the first, second or fourth member, invalidity of the summons as a result. Voluntary appearance covers the nullity as a result of non-compliance with the first or fourth member.

Article 356

1. The form of the summons shall be established by the Minister of Justice and police. 2. The public prosecutor may attach to the detection officer, referred to in the first paragraph of the previous article General or special provisions give regarding whether or not a court by summons and in relation to the hearing for which the notice shall be made.

Article 357

As long as the research on the hearing has not yet been commenced, the prosecution official withdrawal of the convening notice in writing to the suspect.

Article 358

1. If the action was brought by summons, may the public prosecutor at the hearing at the start of the examination orally or, after reading further, in writing of the fact, that the suspect charges. It is up to those further task required, if the Court or the accused these desires. The detailed task answered under penalty of nullity to the indication of the fact in the notice subject to improvement or addition to. 2. On desire of the Court or the accused is the detailed indication in writing given him. 3. The notice or, if this is done, the further task applies, as far as the basis for further persecution, as summons.

Article 359

If the case was brought by summons and the accused at his appearance at the hearing establishes that he needs any defense postponement in the interest, the Court shall suspend the investigation for some time.

Article 360

1. The Court of first instance gives immediately after the conclusion of the research on the hearing Court. 2. In case of default the oral pronunciation can be delayed. 3. As soon as the minutes of the hearing in which the judgment has been lodged, is signed or the notation referred to in article 363, second paragraph, is authenticated, the suspect and his counsel made a note.

Article 361

The District Court shall have jurisdiction and, on the advancement of the public prosecutor or at the request of the accused, required to provide that written verdict will be noted; in this case, the ruling be postponed.

Article 362

For the purposes of articles 353, 364 and 372 is a summons, as referred to in Article 355, equated to a summons to appear at the hearing, to which to the person of the accused has been served. For the purposes of article 261 shall be treated as equivalent to a subpoena, to the suspect.

Article 363-88


1. On the legal proceedings are the first title and the third title of book three shall apply, subject to the following exceptions: 1 °. The provisions comparatively the nomination of the case by the public prosecutor, and the notice of objection against the subpoena, are not applicable. 2 °. If default is granted, as well as against the defendant as far as by the accused and by his counsel, if he who has declared, is that of specifically designated pieces nor the reading, nor the communication from the plot is desired, can in the place of reading of the indictment, certificates, records, expert reports or other documents mentioned in article 294 , you may experience one by order of the district judge made note in the minutes of the hearing on the production animal pieces; It may also be the suspect's achtgeslagen. bezware 3 °. If oral remain articles 341 and 343 sentencing, third and fourth member, outdoor application and is the verdict in the minutes of the hearing of an appeal on the way by the Minister of Justice and Police. 4 °. If the District Court, which has ruled on the case, to the pronunciation of the written verdict outside State, they shall be carried out by a different district judge. 5 °. The prosecution need at the official pronunciation of the judgment not present. 6 °. To the accused is at his summons, on the way by the Minister of Justice and Police to determine, in writing of the authority, granted him by article 100, paragraph 1, of the Penal Code. 7 °. Both the public prosecutor if the accused can kick the communication referred to in Article 351 on the appeal, that against the verdict at the hearing, renunciation of the use of that remedy. On his right to the defendant's attention. Of past away is made note in the minutes of the hearing. 2. If: a. against the suspect default is granted or nothing by him or on his behalf in defense, and tevensb. No witness or expert be heard, c. no offended party in the proceedings, d. articles 298 and 299 are not applied, one. an oral judgment, seeking to impose a penalty or measure, but no other than fine, reprimand or return to parents or guardian without application of any penalty, or with a view to application of article 345, order of the district judge can format a report of the hearing is not to be certified by him and suffice with a notation of the imposed punishment or measure or decision referred to in article 345 on the double of the subpoena or summons. If the indication of the fact in the notice at the detailed declaration of article 358 is improved or supplemented, the improvement or addition in the double processed and certified by the district judge. Distance at the hearing on the use of legal resources in the notation. Articles 294, fifth member and 353, first paragraph, last sentence, shall not apply. The verdict is considered to be pronounced on the day which was called or summoned, unless the note mentioned otherwise.

FOURTH BOOK

REMEDIES

(A)

ORDINARY REMEDIES

TITLE I

RESISTANCE

Article 364

Against a judgment by default, as ruling, the one not of the entire indictment is acquitted, nor it has paid in whole or in part, do: a. If the summons to him to appear at the hearing in person is meant, for fourteen days after the judgment; b. in other cases, within fourteen days after a circumstance has occurred , from which derives that the judgment is known to him.

Article 365

1. within two months after the resistance is done, the matter by a subpoena, due to the prosecution referred to the convicted officer meant, at the hearing of the Court of first instance, that the judgment by default. 2. The first title of the third book is applicable with the exception of article 243. In business, only facts regarding those as offense punishable, article 240, paragraph 2, apply.

Article 366

1. Where a person who has come in resistance, not serving that day in straight appears, the opposition declared expired and the judgment by default implemented or further implemented. 2. However, the Court may, in the case of non-appearance of the accused with or without timing order the suspension of the investigation in order to allow the accused still to appear. The provisions of article 259, fourth and fifth paragraph shall apply. The suspect appears not on the further hearing, then, unless the suspension is extended, the first member of application.

Article 367

1. Where a person who has come, at serving today in opposition in straight appears, the true the court proceedings by default not preceded. Article 284, paragraph 1, with respect to the statements of witnesses and experts, during the lawsuit by default case in accordance with the third and fourth Title of the third book, treated, as applicable. 2. The Court ratified the by default judgment or does with total or partial destruction of that statement again right.

TITLE II

APPEAL OF JUDGMENTS

Article 368

Against the judgments by the Court of first instance as a final judgment or in the course of the investigation on the hearing, an appeal can be brought by the prosecution officer and by the accused who are not of the entire indictment is acquitted. In first instance accompanied by offences subject to the discretion of the district judge, the suspect only appeal on those joined cases in which he did not like the whole indictment is acquitted.

Article 369

1. Of judgments by default can only the prosecution on appeal. This job automatically expires if the suspect resistance does within the period prescribed by article 364, but before the start of the hearing on appeal. 2. If, in this case, the resistance is declared, the public prosecutor can lapse again of the judgment by default on appeal.

Article 370

Against judgements that no final judgment, the job only simultaneous with that against the final judgment allowed.

Article 371

1. an appeal may be brought only against the judgment as a whole. 2. However, offences at first instance are added to the judgment of the Court of first instance subject, then it can appeal to the verdict as far as this one or more joined cases, be limited.

Article 372

1. The appeal by the public prosecutor's Office and the suspect must be brought within fourteen days of the decision or, if the verdict was read out in accordance with the second paragraph of article 350, within fourteen days of the reading. 2. In the case referred to in article 369, second paragraph, the appeal by the public prosecutor be set within fourteen days of the cancellation of the resistance.

Article 373

1. after an appeal, the Registrar of the District Court of the pieces of the case as soon as possible to the Registrar of the Court. 2. If an appeal only by the public prosecutor's Office is set up, is not or is the submission to her, she has wrongly been unfulfilled, then after the job to the suspect in person send a signal or any other circumstance has occurred is, from which the job known to him.

Article 374

Within fourteen days of the lodging of the appeal the party which has come on appeal, to the Court, submit a composition on the resources and soils, on which she supports her job. This Scripture is at the process-pieces.

TITLE III

APPEAL OF DECISIONS

The NOTICE of OPPOSITION

Article 375

1. no appeal Against decisions not open, and against decisions or actions is not allowed, then a notice of objection in cases determined in this Code. 2. An appeal may only be brought against the Commission decision as a whole, only an objection be filed against the decision or act as a whole.

Article 376

1. Unless special provisions the right of appeal by the public prosecutor's Office, this of all decisions of the judge-Commissioners or the district judge, in which a claim taken under this Code is not assigned, appeal to the Court within three days. 2. The Court shall decide as soon as possible.

Article 377

1. The public prosecutor adds, under penalty of inadmissibility, at the process-pieces a scripture on his grievances. 2. The defendant by whom a notice of objection or appeal has been submitted shall have jurisdiction in such a composition of the Court, until the decision on the appeal or the notice of objection to submit as long as it is called, has taken no decision.

Article 378

1. the Court, until the decision on the appeal or the notice of objection called, will reject the appeal or the notice of objection or recommend which in accordance with the provisions of the law or should take place. 2. If the appeal or objection against an act or decision of the court-appointed receiver is considered well founded, the Court's decision for setting up or continuing research that another judge be appointed.

TITLE IV

USE OF ORDINARY REMEDIES


Article 379

1. Resistance is done and appealed to by a statement, by the person making the appeal. A notice of objection is filed by turning in a writings that designates the decision or act against which an appeal is

made. 2. a statement of objection or appeal is made, at the registry of the Court which delivered the judgment. 3. A declaration of appeal against a decision of the court-appointed receiver is made and each notice of objection is filed at the registry of the Court that until the decision on the appeal or objection is called. 4. In the cases at State Decree determined can also be made for the Declaration, and the notice of objection also be filed with the officer or his replacement, at that decision appropriate. 5. The official or his replacement, designated under the preceding paragraph, shall, without delay, on the fastest possible way knowledge: a. of each declaration of objection or for him to appeal against a decision of the Court of first instance: to the Registrar of the District Court which delivered the judgment; b. any declaration made for him to appeal against a decision of the judge and of each objection submitted to him : to the Registrar of the Court to the decision on that appeal or objection is called.

Article 380

1. The use of remedies referred to in the preceding article, may also be made by: (a) a lawyer if it explains the means for that purpose by the person who employs, relates specifically to be licensed; b. a special power of Attorney in writing delegate. 2. Is the one, who wish to use a legal remedy, in respect of the fact in police custody and demands he make a statement or a notice of objection itself, then the Registrar or, in certain cases, the decision the State official or his replacement, designated by that decision, turning to him. 3. The official or his replacement, designated under the preceding paragraph, acts in accordance with article 379, paragraph 5.

Article 89-380a

1. The witness shall inform the appeals referred to in article 206b paragraph 2 by means of a written statement he does to the prosecution officer; the prosecution official draws day and hour of receipt without delay the Declaration. 2. The prosecution officer in writing without delay does communication from the appeal to the clerk of the Court, at which the decision was given; the communication upon receipt at the registry with the procedural documents; the setting of the appeal is based on the registry immediately recorded in the registry. 3. As the day of the appeal is the date of receipt of the written statement by the prosecution official.

Article 381

1. By any statement or submission, as referred to in the two previous articles, makes the person to or from whom she has taken place, a deed, which he with the person who submits the statement or the notice of objection, signs. If this can not draw, is the cause of the impediment in the Act. 2. The written power of Attorney, in the first paragraph of the preceding article, or, if they meant for a notary in minute is past, an authentic copy thereof, shall be attached to the Act. A notice of objection shall also be annexed to the Act of their submission is formatted. 3. The Act that a statement or submission is drawn up by an official or a replacement, designated under article 379, paragraph 4, or article 380, paragraph 2, is on the fastest possible way transmitted immediately by that Registrar to the Registrar, to whom, in accordance with article 379, fifth paragraph, of the statement or submission has given notice. 4. The Registrar adds the formatted or by him pursuant to the preceding paragraph shall be sent to him at the process-pieces Act. 5. Of each appeal is readily done in a notation used intended for this purpose, at the registry based registry, which can be viewed by the person concerned. Has taken place for the statement or submission or in an official or a replacement, designated under article 379, paragraph 4, or article 380, paragraph 2, of the appeal without delay recorded in the appropriate, also with him based registry, which can also be accessed by the person concerned.

Article 382

1. Article 380, paragraph 1, on submission of handwriting shall apply mutatis mutandis. 2. The Registrar draws day and hour of receipt without delay received handwriting. The same applies to the official or replacement, designated under article 379, paragraph 4; These acts with that handwriting again, like him in article 381, paragraph 3, for deeds is required. 3. The reception of handwriting is immediately recorded in the registers referred to in article 381, paragraph 5.

TITLE V

WITHDRAWAL AND DISTANCE OF ORDINARY REMEDIES

Article 383-90

1. not later than until the beginning of the treatment of the opposition, appeal or objection, the person by whom the appeal is employed, that withdrawal by the passing of a written statement. The withdrawal brings away of the power to the appeal again. 2. Likewise can be waived by a declaration of the power to act against certain decision or sure remedy. 90 WT. at S.B. 1980 no. 116 and S.B. 2002 No. 70.3. Concerning the withdrawal and distance of the appeal brought by a witness on the foot of the article 206b (2) is article 380a shall apply mutatis mutandis.

Article 384

1. In case of revocation or waiver of objection or appeal against a decision of the Court of first instance is the Declaration made pursuant to the provisions under article 379, and second and fourth member. The withdrawal or distance applies to appeal against a decision of the court-appointed receiver or a notice of objection, the Declaration made pursuant to the provisions under article 379, and third and fourth paragraph. 2. Articles 380 and 381 379, paragraph 5, shall apply mutatis mutandis.

Article 385

1. The withdrawal shall be done by the public prosecutor without delay notice to the defendant. 2. If the offended party after the opposition or the appeal notification must be made of the hearing, her because of the Prosecutor's Office notified of any withdrawal of the objection or appeal.

B

EXTRAORDINARY REMEDY

TITLE VI

REVIEW OF JUDGMENTS

Article 386

1. Review of a final final judgment on conviction, can be requested: 1 °. on the basis of the fact that at various judgments, has acquired the authority of or by default, bewezenverklaringen are pronounced, which are not equivalent; 2 °. on account of any circumstance that the investigation on the hearing the judge had not been proven and which in itself or in connection with the formerly prove delivered with the pronunciation not compatible seems so that serious suspicion arises that true they been known, would have led the investigation of the case, either until acquittal of the condemned either to dismiss from legal proceedings either to non-rejection of the public prosecutor, or applicability of a less severe punishment determination. 2. On equal grounds for revision be requested, if it is adopted, a res judicata telastegelegd fact as proven without a conviction in this matter is followed. Under "condemned" is understood in this title he against whom such res judicata is given; his respect in accordance with the following shall be applied with the exception of article 402, paragraph 1.

Article 387

1. the application for review is made to the Court of justice by filing a claim by the prosecution officer or by the submission of a petition by a convicted person in respect of whom the judgement has become final or by his counsel. 2. If an underage condemned the age of eighteen years has not reached, an application, as referred to in the preceding paragraph, also be filed by his legal representatives. 3. The condemned because of crime, whose inability to sufficiently substantiated is held, then once the application for review is made to the Court, at his request, counsel added by the authority pursuant to article 32, paragraph 1, with the addition is in charge. Articles 32, paragraph 2, 34, third, fourth and sixth member, 35, paragraph 1, and 36-39a shall apply mutatis mutandis. 4. If there is a suspicion that the convicted defective development or sickly failure of spirit power is present and that he as a result is unable to properly represent its interests, is him, if he still has no added counsel and the application for review is made to the Court by the President ex officio a counsel added. 388De application article mentions the circumstance on which it supports and an indication of the evidence which by that circumstance may turn out.

Article 389


1. Where the application does not meet the requirements, with the previous article, hereby the Court that inadmissible. 2. If the Court an application, done on the basis of article 386, first paragraph, sub 1, groundless eight, designates that. 3. In other cases, the Court refers the case or cases for further treatment to his public hearing, to be held on a day to be determined by the President. 4. In the case of an application, done on the basis of article 386, first paragraph, sub 1, destroys the Court the judgments concerned at his disposal to transfer of materials to the Court. 5. The decisions referred to in the first, second and fourth paragraph, reasons shall be given. They are, as well as the Commission decision referred to in paragraph 3, as soon as possible to the convicted person or the former sentenced and, if an application as referred to in article 387, paragraph 1, by another has been submitted to this. 6. The judges have pointed out that the judgment or judgments on which the application relates, do not participate in the delivery of a decision referred to in this article.

Article 390

1. the execution of the judgments in accordance with paragraph 4 of the preceding article are destroyed, thereby legally an end. 2. The Court may, however, link the business to its public terechtzittingambtshalve or on the claim of the prosecution officer issuing an order for continued detention order against the former convict, who, under a sentence of deprivation of liberty destroyed sets, him imposed because of a fact for which pre-trial detention is permitted. 3. The continuing detention under that command takes in no case longer than the tenuitvoergelegde not yet part of the custodial sentence, the former condemned at that sentence imposed. The part of that punishment, for which at that judgment should be given an order as referred to in article 17, paragraph 2, of the criminal code, is only seat, if before the destruction of that judgment a burden to enforce that portion was given in accordance with article 24, paragraph 1, of that code. 4. Moreover, with regard to the order for continued detention, the provisions of articles 54 and 56, as well as the provisions of articles 59, 61, 63, 64, 68, 69 and paragraph, concerning detention warrants is provided shall apply mutatis mutandis. 5. Undergo the detention order, pursuant to a warrant as referred to in paragraph 2, for the purposes of article 29 of the Penal Code as actual punishment time, for the purposes of article 44 of that code as safe-keeping, and for the purposes of article 402 of recouping as punishment.

Article 391

1. Where the application concerns the case mentioned in article 386, first paragraph, sub 2, the Court may at the referral of the case to the hearing or after the reference, as long as that application is not decided, on its own motion or on the application of the prosecution officer at the request of the convicted person or his counsel the suspension or suspension recommended the implementation of penalties , the condemned ones imposed by the judgement, which the application. 2. The suspension or suspension ends, once on the application for final verdict is decided, or earlier, if the Court that command of its own motion or on the claim of the then-investment officer.

Article 392

The provisions of articles 16, 17, 20, 21 and 27 regarding the suspect shall apply mutatis mutandis in respect of the condemned or the former convict in respect of whom the application is made.

Article 393

1. After reference can the condemned ones, or the former condemned, in respect of whom the application is made, and his counsel take note of all process-pieces, in the original or in transcript, of the referred case or business and the legal proceedings for revision. The provisions and in accordance with article 26 is on them shall apply mutatis mutandis. 2. During a preliminary enquiry, set up pursuant to articles 302 333 in relation to Article 394, or may, however, the court-appointed receiver, if the importance of this research progresses, the convicted person or the condemned and his counsel pointed out the notification of certain process-pieces of the proceedings for revision. The provisions of articles 22, second paragraph, last sentence, and 23-25 is then analogy.

Article 394

1. After reference is the lawsuit at the Court lined with corresponding application of articles 249, 250 and 251 in the first and second paragraph, and the provisions about the treatment at the hearing on appeal in the third title of the third book, it being understood that the articles 298, 334, 336, paragraph 2, second paragraph and outside continue to apply and subject to the two following articles. 2. In the cases provided for in articles 302 and 333 is the research carried out by a designated for that purpose by the Court judge got any investigation. 3. The cases in which the judgments under article 389, paragraph 4, were pointed out, be accompanied by destructive on the hearing made and treated.

Article 395

1. The research and the discussion referred to in articles 334, paragraph 1, and 336, paragraph 1, shall be made both as a result of the research on the hearing in revision as of research in previous court hearings such as that according to them put up minutes has taken place. 2. In the cases in which the judgments pursuant to article 389, paragraph 4, have been destroyed, the Court again right at one and the same judgment. 3. With regard to the reference is not destroyed the Court maintains this pronunciation with total or partial purchase, completion or improvement of soils or does it, with total or partial destruction of the judgement, right again, in which case the convicted or cleared of all criminal proceedings, the public prosecutor does not release non-admissible or the convicted again condemns with application of the less heavy penalty clause.

Article 396

1. In no case shall a penalty be imposed that the sentence imposed at the destroyed or are destroyed, the heaviest of the respective judgements imposed punishments. 2. Where multiple fact one main penalty is pronounced and the revision request is regarding one or more animal facts, is, in case of destruction, at the pronunciation in review the penalty for the other fact or the other facts determined. 3. If the new research shows that the accused has committed another offence than those for which he is condemned and that fact to him originally was charged without fellow was decided, the Court relevant to pronunciation and may condemn him because of that fact, without, however, the penalty imposed may at the destroyed the judgment. 4. When the pronunciation is determined that the previously destroyed under the pronunciation for the fact roadworthiness penalty and the continuing detention under the command, given in accordance with article 390, paragraph 2, will be deducted.

Article 39791

1. the Court ruled with an odd number of judges available, but at least with five. 2. The decision shall be taken by majority vote. In the event of a tie, the ruling pointed out for the benefit of the condemned.

Article 398

If the convicted person during the examination of the case dies, the proceedings continued and a special representative appointed by the Court. The previous articles of this title shall then apply mutatis mutandis.

Article 399

1. where sentence at the res judicata, by grace remission has been granted, or in case of continuation of the proceedings against the appointed Special Representative may in no case be imposed. 2. Is the punishment by grace changed or reduced, then it is by no means a penalty imposed, that the modified or reduced.

Article 400

1. the application for review can be done after the death of the condemned by the surviving spouse, any relative in the direct line or in the second degree of the lateral line, and by the prosecution officer. 2. The previous articles of this title shall apply mutatis mutandis. 3. The application seeks to repair of the condemned in his honor and is assigned, if the Court finds that the convicted person should be acquitted or had by all pardoned.

Article 401

1. court officials who in any way participated in the investigation or trial of the case of which review is requested, preferably take no part in the investigation or trial in review. 2. The first paragraph shall not apply to the Attorney-General at the Court of Justice.

Article 402

1. If, after the destruction of the judgment or judgments no punishment or measure is imposed shall, at the request of the former convicted or of his heirs a pecuniary compensation in respect of the treatment received is criminal. The award takes place in so far as, in the opinion of the Court to this end grounds of fairness are present, and, by the way, on the foot of articles 77-81.2. Regarding the roadworthiness provisional detention find those articles shall apply mutatis mutandis.

FIFTH BOOK

ONLY JURISDICTION OF SPECIAL NATURE

TITLE I

CRIMINAL PROCEDURE IN CASES CONCERNING MINORS,

AT THE TIME OF THE COMMITTING OF THE FACT THE

AGE OF EIGHTEEN YEARS HAVE NOT YET REACHED

Article 403


In cases concerning minors who, at the time of the Commission of the fact the age of eighteen years have not yet reached, the provisions of this Code shall apply, as far as this title contains no deviating provisions.

Article 404

1. police custody or pre-trial detention To undergoing can be an appropriate place designated. In the command are then included such provisions, as for the richtige implementation and need to appropriate supervision of the defendant be held. 2. The inclusion of the suspect in the place designated by the person responsible with that shall be made upon presentation of the order for detention or an order for provisional detention or an extract thereof. 3. Upon further decision may at any time another place to undergoing the remand or detention are designated.

Article 405

Each minor suspect against whom an order for custody is granted or which in the preliminary enquiry against him by the court-appointed receiver is heard, before he has reached the age of eighteen years, counsel added. The judge gives to the authority pursuant to article 32, paragraph 1, with the addition is in charge, without delay that the addition should have. If no counsel him is added or the addition has not taken place, the legal standing of article 38 also to the parents or guardian.

Article 406

Counsel can during the preliminary enquiry at any questioning today, which he calls every time on the way, by the court-appointed receiver. Nevertheless, the court-appointed receiver in the importance of research in certain cases a hearing outside the presence of the legal counsel is recommended.

Article 407-92

1. During the preliminary enquiry, the parents, guardians or guardian of the defendant every time, in the manner to be determined by the court-appointed receiver, called up to desverlangd at each trial of the accused, a witness or an expert nowadays. The judge can, however, recommend, that a hearing outside the presence of parents, carers or guardians shall come to pass.

2. If they are nowadays, parents, carers or guardians the opportunity, after the accused or a witness declarations, to bring against which defense can serve. Article 40893Indien the accused is deprived of his liberty in law, with respect to his parents, guardians or guardian article 40 shall apply mutatis mutandis.

Article 409-94

The court-appointed receiver WINS during the preliminary enquiry, if possible, inform yourself about the personality and life circumstances of the accused, also by hearing witnesses to him by his parents, carers or guardians are specified.

Article 410-95

If the search for the personality of the crime suspect's not enough otherwise can take place, the judge either ex officio or at the request of the public prosecutor or at the request of the parents, carers or guardians or of counsel, that the accused will be included in a command to identify the decoration to the observation , nursing or healing intended.

Article 411-96

1. the command to include in a device as referred to in the previous article, is reasoned and is not given until after the opinion of one or more experts is received and after the suspect, his parents, guardians or guardian and his counsel in this respect are heard or called up. 2. The court-appointed receiver invites the public prosecutor at the trial today. 3. The order for inclusion and the refusal decision on a request under article 410, the suspect, his parents, guardians or guardian and his counsel immediately. 4. The accused may by the order or the refusal decision referred to in the preceding paragraph within three days after service in job at the Court of Justice, which decided as soon as possible. 5. The Court may also, in case of appeal by the prosecution official, before deciding, by the court-appointed receiver to set up and do a further research lend themselves to relative pieces do.

Article 412-97

1. the inclusion shall be for a period to be determined by the court-appointed receiver of no more than three months. The court-appointed receiver, this period can extend by up to twice a month. 2. The supervisory judge may on its own initiative, at the request of the public prosecutor or at the request of the suspect, his parents, caregivers, guardian or legal counsel at all times recommended that it stay at the establishment will take an end.

Article 413

1. by way of derogation from article 197, the witnesses did not change on the basis of blood and affinity with the suspect as far as they are about his personality and living conditions be heard. 2. The persons referred to in article 197 be heard outside in ede.

Article 414

The provisions of articles 228-232 remains outside application.

Article 415-98

If the accused of felony, which, at the date of the first hearing has not reached the age of sixteen years, in court subpoenaed and no counsel, counsel added him. The prosecution official indicates the authority pursuant to article 32, paragraph 1, with the addition is in charge, without delay that the addition should have. If no counsel him is added or the addition has not taken place, the legal standing of article 38 also to the parents, carers or guardians.

Article 416-99

The parents, guardians or guardian of the defendant of felony be called to attend the hearing.

Article 417-100

1. the parents, carers or the guardian of the accused and other persons may be summoned as witnesses for the prosecution at the hearing to be heard about the personality or life circumstances of the defendant. 2. A witness can be at the hearing did not change on the basis of blood or affinity with the suspect as far as he about his personality or life conditions is heard; with regard to persons referred to in article 197 shall be heard outside ede.

Article 418

1. If the prosecution officer considering the case at the hearing, he cannot bring about than after consultation with the judge.

2. the provisions of article 240, paragraph 3, second sentence, and article 243 remains outside application.

Article 419

1. the judicial proceeding is not treated in public. 2. Not to attend this public hearing, however, the judge can grant special access. 3. If there are co-defendants, who have reached the age of majority or at the time of the Commission of the fact had reached the age of eighteen years, or if the offences are only as a suspect offense, shall be charged to the treatment of the case in open court, subject to the following paragraph. 4. Without prejudice to the provisions in article 265 the Court may if he with a view to the interests of the suspect expedient, recommend, that the treatment at the hearing will take place behind closed doors, in whole or in part; in that case, the second to the fourth paragraph of the article is applicable.

Article 420

1. The defendant is required to appear in person. 2. He is at the subpoena or summons made aware of the provisions of the first paragraph of the article. 3. In the case of non-appearance of the accused is granted default judgment and the investigation continued, unless the Court gives a command at the start of the examination referred to in the first paragraph of the article.

Article 421

1. If the suspect not on the hearing today, the judge at the start as both during the course of the investigation, that he will be present at the hearing at a specific time; the accused is prosecuted in respect of crime, then the Court may also order his fellow establishment. 2. If the suspect at the certain time on the hearing appeared, the default, that should be granted against him lapsed and the research on the hearing again commenced. 3. If the suspect at the certain time not appear, the judge, unless he still in accordance with the first paragraph, the Commission establishment at a later time welded, default, if it is not already has taken place; the research is then continued.

Article 422-101

1. If the parents, carers or guardians nowadays, they are, after the suspect, a fellow suspect, witness or expert to his statement, the opportunity to bring against which defense can serve. 101 WT. at S.B. 1980 no. 116.2. Nevertheless the Court may, either ex officio or at the request of the public prosecutor or at the request of the counsel, recommended that an interrogation of the accused, a witness or an expert outside the presence of the parents, guardians or guardian be done.

Article 423

1. The Court may, either of its own motion or at the request of the public prosecutor or at the request of the counsel, provide that questions concerning the personality and living standards and the conditions of the accused outside his presence-will be made and that the public prosecutor or counsel outside the presence of the suspect will speak about this. 2. The business content of this is in that case to suspect.

Article 424


In the event of appeal articles 415-417 and 419-423 apply mutatis mutandis, it being understood that the notification referred to in article 415 shall be carried out on the President of the Court of Justice.

Article 425-102

1. If the minor is accused of felony has not reached the age of sixteen years, all powers, the suspect in this Code with the exception of the third title of the third book, to the exclusion of Haider to his counsel. 2. Set, set against the recall or distance do not-by counsel, of any remedy, in the case of the first paragraph, the legal representative of the accused within three days of the time limit for lodging thereof expires, a notice of objection with the Court, for which the case is being prosecuted or has been prosecuted or last if no competent court on the basis of the above can be found , before the Court of Justice. The Court decides possible; the parents, carers or guardians as well as the defence counsel be heard at least on the way by the district judge or the President of the Court to determine, called up. If the notice of objection is found to be justified, the time limit for lodging or withdrawing the appeal yet for three days.

Article 426-103

1. The penalty of reprimand shall be implemented by the district judge, which the condemnation, or, in the case of conviction on appeal, by the President of the Court. 2. The implementation shall be carried out in a non-public hearing as soon as possible after pronouncing the conviction. 3. The said judicial officials may be the help of the civil or armed force public attention.

4. in implementing the parents, carers or the guardian of the condemned, desverlangd today, which they by the Registrar of the District Court or of the Court in writing. 5. If the accused is present at the verdict of the condemnation, the implementation of the penalty of reprimand at once. In this case, keeping of records shall be made in the minutes of the hearing or on the double of the subpoena or summons and the summons referred to in the preceding paragraph.

Article 427

As far as the penalty in fine can by the officer in whose name the implementation deadlines, within which also takes place every time a portion of the fine must be paid.

Article 428-104

1. Unless otherwise provided, all notices, summons, notices, notifications shall be made, notices or other written communications to the underage suspect, that the age of eighteen years has not yet reached, additionally to his parents, guardians or guardian, as well as to his counsel, on the understanding that, if he has lived with his parents, guardians or guardian, only one copy to him and his parents , guardians or guardian. 2. The provision of the preceding paragraph shall apply only in relation to the parents who in Suriname have a known place of residence or stay. To cohabiting parents, only one piece.

TITLE II

TRIAL OF SUSPECTS, WHO DURING THE COMMITTED

THE FACT DEFECTIVE DEVELOPMENT OR MORBID

FAILURE OF SPIRIT POWER EXISTED

Article 429

1. In each State of matter will the district judge or the Court, if there is suspicion that the suspect during the Commission of the fact defective development or sickly failure of spirit power existed, and that he as a result is unable to properly represent its interests, this decision. 2. Article 11, paragraph 1, shall apply mutatis mutandis, it being understood that the decision is given either on its own initiative, or on a proposal from the judge-Commission saris, on the advancement of the public prosecutor or at the request of the accused, by his counsel, of his spouse, his parents, his guardian, a of his curator or his blood or marriage up to the third degree. 3. As far as the decision is not in his presence, the contents thereof without delay the suspect because of the Prosecutor's Office.

Article 430

1. The Court may, before deciding, the court-appointed receiver, as long as this with the preliminary investigation, or the Prosecutor ordered a further investigation and to report to the Court in this regard. 2. The decision of the Court of first instance, in the first paragraph of article 429 meant, is not subject to any remedy, but may at any time be revoked by the Court; in respect of the decision to cancel the find articles 429 and 432 shall apply mutatis mutandis and all that at or following the first decision to the copy has been made, nevertheless remains in full force and effect.

Article 431

Possible after the decision, in the first paragraph of article 429, adds the district judge or, if the decision is given by the Court, the President of the Court the defendant of felony, if he still has no added counsel, legal counsel. To the suspect by the President or by the Sub-District Court offense can counsel be added.

Article 432

1. from the moment of the decision, in the first paragraph of article 429 meant, and, subject to revocation, until the case has acquired the authority of a final judgment by a is finished, find the articles 6, 406, 409, 416, 417, 404, 419-423 and 428 in so far as they are not already directly applicable, apply mutatis mutandis, it being understood that the adult suspect only in accordance with the provisions relating to parents or guardian are applied If the suspect has a curator and in this case so, solely this. 2. In the case of non-appearance in person, as defined in article 421 420, paragraph 3, or article, third paragraph, the district judge or the Court, either on its own initiative, or on the advancement of the public prosecutor or at the request of counsel, if the district judge or the Court finds that the personal appearance of the suspect necessary nor desired and counsel has appeared and are not moving , apply the provisions of those paragraphs. In such case, the investigation of the case and granted default continued; remains with the defense counsel. 3. The powers granted to the suspect, in this code, come after the decision, referred to in paragraph 1 of article 429, becoming Commission to the legal counsel.

TITLE III

CHANGE AND CHALLENGE OF JUDGES

Article 433

A judge is on his desire of each intervention in a case to judicial, changed if facts or circumstances exist, whereby in general the judicial impartiality could suffer damage.

Article 434

1. The reasons for change are all at the same time. 2. A new change can only be nominated by the same court for reasons which after the first nomination have arisen or become known. 3. During the investigation at the hearing can be a change no longer be nominated after the nomination of the case by the public prosecutor, referred to in article 267, unless for reasons which in the course of that research have arisen or become known.

Article 435

1. a change is proposed to the Court, be the subject of possible decided. 2. The Court will, before deciding, invite the nominated the right change in writing or orally. This indicates the invitation a result. 3. At the decision may also be determined, that certain acts or decisions of the judge whose change is adopted, by onwaarde.

Article 436

1. the judge who are nominated, is change, pending the decision on this subject, in the case of all work that excluded postponement acquiescence or by other judges may be carried out. 2. The change first proposed at the hearing during the investigation, that investigation suspended. The change is adopted, then the investigation started again at the hearing, either immediately or at a later session. The decision is on the hearing of the case in which the investigation is resumed or started again, pronounced. Article 437Ingeval with regard to a judge facts or circumstances exist, whereby in General seriously damage the judicial impartiality could suffer, can his objection in writing or orally, at the hearing, are nominated by the public prosecutor's Office and by the accused.

Article 438

1. as reasons of objection in respect of more than one judge, a further objection not be nominated, then after about the former is decided. 2. The reasons for rejection are all at the same time. 3. A new challenge can be nominated only in respect of the same court for reasons which in the course of that research have arisen or become known. 4. During the investigation at the hearing can be a challenge no longer be nominated after the nomination of the case by the prosecution official, referred to in article 267, unless for reasons which in the course of that research have arisen or become known. 5. Is the objection on the hearing, then the Court may, in the event of abuse, clearly provide that these nominations to challenge will be inadmissible.

Article 439


1. In the case of jurisdiction by the Court of first instance or if the Court if any court involvement in the case, the reasons for an objection to himself nominated by him forthwith and decided. The suspect is heard, at least sued. 2. Against a negative decision is the prosecution officer a day after that, the accused, who nominated the challenge a day after the service under Article 442, second paragraph, no appeal to the Court of Justice. On the job is with most prosperity in Council Chamber decided. 3. Outside the case referred to in paragraph 1, is about the nominated an objection with most prosperity by the Court of Justice decided. 4. The Court will, before deciding at first instance or on appeal, the Court can invite, in order about the nominee to explain reasons of objection in writing or orally. In first instance is obliged to do so by the Court. The right to the invitation gives a result. 5. At the decision may also be made for certain acts or decisions adopted by the judge's objection is onwaarde.

Article 440

1. the judge who on a challenge, is, in anticipation of the decision, in the case of all work that excluded postponement acquiescence or by other judges may be carried out. 2. The first objection during the investigation on the hearing, then that research suspended. She is adopted, then the investigation on the hearing commenced again, either immediately or at a later session. The decision is on the hearing of the case in which the investigation is resumed or started again, pronounced.

Article 441

1. Judges who have declared that they have to want to change themselves or whose objection is nominated, refrain from participation in the decision of the Court of Justice about the exclusion or objection. 2. In the event that the change or objection first during the investigation on the hearing of the Court is nominated to replace any Member which requires to be changed or whose objection is, by the President-designate a judge designated to with the other judges that to that study, about the exclusion or objection to decide.

Article 442

1. all decisions about the exclusion or objection are based. 2. The decisions on the objection be the suspect meant.

Article 443

Judges are understood in this title under the members and members-alternate members of the Court, as well as the District of judges alternates even if they are not a member or substitute member of the Court of Justice.

TITLE IV

DISPUTES OVER JURISDICTION

Article 444

1. A dispute over jurisdiction is present: a. where two or more judges have attracted the same thing at the same time; b. where no competent judge has stated the case. 2. Among judges in this Title include the persons or colleges, which, by special laws jurisdiction is dedicated on the understanding that only disputes involving persons or classes that also with the ordinary or special courts are in charge, are involved, in accordance with the provisions of this title shall be brought to justice.

Article 445-105

1. the existence of a dispute over jurisdiction, the Court may, by a reasoned written request for arrangement of jurisdiction by any official who has set up, and by the prosecution the suspects be submitted. 2. By requiring the surrender of the application shall be notified in writing without delay by the Registrar to the judges between whom the dispute exists, and, if the request is not of them is assumed, to the officials who have set up, and the prosecution to the defendant. 3. By the notification referred to in the preceding paragraph is the prosecution suspended. Nevertheless, the Court has jurisdiction to take up urgent measures. The Court is also competent to take all measures with respect to the custody order can be taken. 4. The Court may order that a pending preliminary enquiry will continue. 5. The suspension of the prosecution ends as soon as the decision on the dispute has become final.

Article 446

1. the decision shall be taken as soon as possible, after the suspect is heard, at least sued. 2. To the decision is also determined, whether and to what extent the acts and decisions of the judge to whom the case is tapped research, will stand firm. 3. The decision meant the suspect within three days. She is referred to by the Registrar to the judges the dispute between who, in writing without delay.

TITLE IVa106

PROSECUTION AND TRIAL OF LEGAL PERSONS

Article 446a-107

1. If criminal proceedings are instituted against a legal person or the legal entity or the goal target power is power during the prosecution represented by the be-independent Director or, if there are more drivers are, by any of them; the representative may appear from authorized. 2. If the criminal proceedings are brought against a partnership or company without legal personality, it is during the prosecution represented by the liable partner or, if there are more liability, by any of them; the representative may appear from authorized. 3. The Court may order the personal appearance of a particular driver or partner commands; He can then order his fellow establishment. Article 446b1081. If the criminal proceedings are brought against a legal person, shall be made of judicial notices to: a. the place where the legal person, then renowned Rúa de San Pedro. the place of the Office of the legal entity, than welc. the residence of one of the drivers. 2. Service of a document shall be effected by distribution to one of the directors, or to a person who is authorized by the legal entity to take. The ceremony is in these cases when service in person. 3. The presentation of a document, referred to in paragraph 2 may also be one of the places described in paragraph 1, to anyone who is of the legal entity and who are willing to deliver the communication explains.

Article 446c-109

1. If the criminal proceedings are brought against a partnership or company without legal personality, shall be made of judicial notices to: a. replace the Office of the size-or partnership, then renowned Rúa de San Pedro. the residence of one of the liable partners. 2. Service of a document shall be effected by distribution to one of the liability or to a person who by one or more of them is authorized to take; the ceremony is in these cases when service in person. 3. The presentation of a document, referred to in paragraph 2 may also be carried out on one of the sites, described in paragraph 1, to anyone who is of the size-or company or of a liable partner and who are willing to deliver the communication explains will. 4. Paragraphs 1, 2 and 3 shall apply mutatis mutandis in the prosecution of a target capability; in this case the directors act in the place of the liability.

TITLE V

COURT ORDERS TO MAINTAIN

OF PUBLIC POLICY

Article 447

In the case of committing an offence of any offence whereby the public order is seriously sexually assaulted and in respect of which provisional detention is not permitted, the measures described in the following provisions, are applied against the defendant, if weighty objections exist and there is a large risk of repetition or continuation of that fact.

Article 448

1. The prosecution officer has the power to do the suspect holding and is obliged within 24 hours of the arrest to do guide for the supervisory judge if the accused held. 2. The prosecution official is also competent witnesses, experts and interpreters to do calls to appear before the judge. The notice may also verbally by a servant of the public power or in writing; the prosecution official can also own oral calls. 3. The accused is to the end of the investigation ordered by the prosecution official in insurance.

Article 449

1. The prosecution officer is at the examination by the supervisory judge nowadays and does, after the thing to have nominated, the claims which he related to the provisions of this title considers to be necessary. 2. The judge examines the case immediately. The investigation is a preliminary enquiry and is in accordance with the provisions of the second to the fifth Division of the third title of the second book. 3. The judge shall have the power, if necessary, enclose an order to fellow establishment, to order that designated witnesses, experts and interpreters for him will appear. The convening notice shall be made in accordance with the second paragraph of the preceding article. 4. In this case, the supervisory judge the research for not more than twenty-four hours barks. 115

Article 450


1. If the judge finds no terms to application of any measure on the basis of article 447, he recommends the immediate release of the suspect. 2. In the other case, the supervisory judge the accused for certain term the necessary commands to prevent repetition or continuation of the fact and progresses from him a prepared statement to comply with those orders. The term terminates by operation of law at the time of the offence in respect of the judgment has become final, or, if penalty or measure is imposed, once the judgment can be implemented. 3. The commands may not restrict religious or political freedom.

Article 451

If the prepared statement, the supervisory judge recommends the immediate release of the suspect.

Article 452

1. If the prepared statement is not made, recommends to the judge that the suspect will be made in insurance. 2. The insurance is in force for a period of five days beginning on the day of implementation. Article 57, paragraph 4, shall apply. The inverzekering theorem is readily feasible. 3. On the claim of the prosecution official can the detention by the court-appointed receiver once for equal term be extended. The accused is in the yellow-employment made on the claim to be heard. 4. The court-appointed receiver decides with regard to the first paragraph of the articles as well as 450 and 451.5. The accused may by the order for detention within three days after the execution in an appeal at the Court of Justice decided that as soon as possible, after having heard the defendant, at least.

Article 453

1. as soon as the risk of repetition or continuation of the fact is over the prosecution officer recommends the immediate release of the suspect. 2. The judge may, at any time, either on its own initiative, or at the claim of the prosecution official or upon the request of the suspect the release of far-could be recommended. Article 451 shall apply. 3. The Court of Justice may, of its own motion or at the request of the accused, the order for detention. Article 61, paragraph 3, shall apply. 4. The warrant can also be raised at the pronunciation of the judgment in respect of the fact referred to in article 447. The lifting is always ordered, if straf116of measure in respect of that fact is not imposed.

Article 454-110

1. If the accused fails to comply with the orders given to him, any law enforcement officer authorized him to hold and to conduct again without delay for the prosecution official. The law enforcement official can, to arrest the suspect, any place. Articles 113-116 apply. 2. In this case, or if the suspect could not be arrested, progresses the prosecution officer shall, without delay, that the judge will set to launch adequate investigations. This gives it as soon as possible. 3. In respect of the examination and the calls of witnesses shall be subject to the foregoing provisions of this title.

Article 455

1. If the judge on the basis of the examination referred to in the previous article, to this end, terms, he recommends the immediate release of the suspect. 2. In the other case the supervisory judge recommends that, if the accused himself to violation of orders given to him has been guilty, that this will be made in insurance. The second, third and fifth member articles 452, 453, and, with the exception of the second sentence of the second paragraph, shall apply.

Article 456

Against the decision to reject a prosecution officer taken pursuant to the provisions of this title claim is no job open.

Article 457

Find articles regarding the treatment received detention 77-81 shall apply mutatis mutandis.

Article 457a

Inverzekeringgestelde has the addition of a counsel to place in accordance with articles 32 and 33. The court-appointed receiver does the communication referred to in article 33, paragraph 1.

TITLE VI

SPECIAL REQUIREMENTS FOR DETECTION OF FACTS

AN OFFENCE IN THE CRIMINAL CODE

Article 458-111

1. In the case of an offence as defined in articles 128-133, 135, 136, 291, 292, 302, 309, 313, 352, 533 and 534 of the Penal Code, referred to in article 134 civil servants at all times to demand the extradition of all have jurisdiction in seizure for seizure susceptible items. 2. They have free access at all times to all places, where reasonably suspect may be, that such a criminal offence is committed. Articles 113-117 apply.

Article 459

Referred to in article 134 officials have free access to any premises at all times and all places, of which can reasonably be suspected, that a gold-or silversmith, cashier while they are, watchmaker, mechanic, exponent, or buyers. Article 125 of the Penal Code, as well as articles 113-116 of this Code shall apply.

TITLE VII

COMPLAINT

Article 460-112

1. the interested parties may complain in writing about seizure, on the use of seized objects, about the lack of a load for the restitution, about an intention referred to in article 105, paragraph 3, on the access or use of data, as referred to in articles 88, 89 and 101, confiscate a seizure of claims or about the persistence of such complete. 2. The wailing is submitted as soon as possible, at the registry of the Court for which the case is prosecuted or last was persecuted. The wailing requirement shall not be admissible if it is submitted at a time when three months have passed since the persecuted case has come to an end; 3. If a prosecution is set up is not, or not yet, the wailing Scripture as soon as possible but no later than three years after the seizure of objects or communication of data, filed at the registry of the District Court, within whose area the seizure or inspection has been done. The district judge shall have the power to sanctions unless the prosecution if starts operations before starting with the treatment of the wailing a could be made. In that case, the Registrar shall send to the Court in the Western settlement, referred to in the previous paragraph. 4. The Court makes a reasoned decision, after the complainant was given an opportunity to be heard. 5. The Court considers the complaint justified, then it gives such a load as the prosecution had to belong.

Article 461

1. the stakeholders, other than the condemned, written complain about the forfeiture of objects or their belonging on the abstraction of such objects to the traffic. 2. The wailing is, within three months after the decision has become enforceable, submitted that in at the registry of the Court of highest instance took the decision. 112 WT. at S.B. 2002, no. 67.1183. The Court makes a reasoned decision, after the complainant was given an opportunity to be heard. 4. The Court considers the complaint well founded, then revokes the forfeiture or the forfeiture and gives a charge referred to in article 341.5. On revocation of a forfeiture, the Court may declare the objects to the withdrawn from traffic, if they so susceptible.

Article 462-113

1. as soon as the public prosecutor's Office notice, that a seized, forfeited or withdrawn from traffic to object in whole or in part belongs to a person other than the accused or convicted, the that person if possible of the powers he has under the two previous articles. 2. Such notification is not required if the person remains aware that the object is seized, confiscated or withdrawn from traffic.

Article 463

1. A Council decision pursuant to article 461 460 or shall be immediately to the complainant. 2. Against a decision of the Court of first instance pursuant to article 460 and 461 can by the public prosecutor within fourteen days after the date of the decision, and by the complainant within 14 days of the service be brought before the Court of Justice on appeal.

Article 464

On a charge, pursuant to this title given in relation to a object, article 107 shall apply mutatis mutandis.

Article 465

To a burden for the restitution of an object, which was declared to be forfeited or withdrawn from traffic with granting a pecuniary compensation, is not met as long as the amount is not refunded to the State.

Article 114-465a


1. Be responsible for giving decisions referred to in article 54b under 3rd paragraph of the Penal Code is the Court in which the case in first instance will be prosecuted, is prosecuted or could have be prosecuted. 2. The decision is not given then on a reasoned claim of the prosecution officer. 3. Is known to whom the objects accessories whose forfeiture is sought, then that person is served a copy of the claim; If the claim is to impose an obligation to pay a sum of money to the State for withdrawal of wrongly obtained advantage, a copy of the claim to the person concerned. 4. If an interested party present is certainly the right not then after the person concerned has been given an opportunity to be heard; He is, before being heard, the opportunity of the pieces of the research; interested is for the purposes of this article, only the one to whom it belongs properly to the traffic removed or tapping, as well as the one against whom an obligation to pay a sum of money to the State for withdrawal of wrongly obtained advantage is sought or to whom such an obligation has been imposed. 5. The decision was reasoned; They shall immediately inform the person concerned, as is known, means. 6. The prosecution official can within fourteen days after the date of the appeal decision and the person concerned within 14 days of the service; If an obligation to pay a sum of money to the State for withdrawal of wrongly obtained advantage is imposed the person concerned may appeal to fourteen days after a circumstance has occurred which is due to him that the decision is known. 7. The person concerned who appeal, or who has been heard in accordance with paragraph 4 may not complain in accordance with article 461.

Article 466

With what shall be forfeit under the State rests as stated or explained to the movement extracted objects, as long as the possibility of revocation of the penalty or measure, acted to articles 102-104.

Article 115-466a

1. a request for assistance on behalf of Suriname is taken to another State shall be submitted by the Attorney General, unless otherwise provided by treaty. 2. Subject to the cases where departure from this procedure must be recorded in the Treaty shall submit an application for legal assistance contain: a. the identity of the authority making the request; b. the subject and the nature of the investigation, prosecution or proceeding to whom the application relates, and the name and functions of the authority that this research, this persecution or this procedure leads; c. a summary of the relevant facts except in the event of an application relating to the meaning of court documents; d. a description of the desired help and details on specific procedures which the applicant party would like to see followed; e. If possible, the identity, place of residence and nationality of the persons concerned; (f) the purpose for which the evidence, information or action is sought.

TITLE VIII

INTERNATIONAL LEGAL ASSISTANCE

FIRST DIVISION

GENERAL PROVISIONS

Article 467

1. The following articles of this title shall apply to requests for assistance by the authorities of a foreign State in connection with a criminal case done and addressed to a whether or not particularly referred to institution of the justice or the police in Suriname, in so far as the prosecution is not provided in the provisions in or under other laws. 2. If requests for assistance be considered requests to carry out acts of investigation or the cooperation, the sending of documents, files or pieces of conviction or the communication of information or meaning or presentation of pieces or doing notices or notices to third parties.

Article 468

The request is, so it's not up to the Attorney General, by the addressee without delay to this forwarded. Article 469De Attorney General decides in the interest of a speedy and effective settlement of the action to be taken to the request without delay.

Article 470-116

1. where the request is based on a treaty, it is required as much as possible. 2. In cases where this is a reasonable request that is not on a treaty is founded, as well as in cases where the relevant treaty not to required, granted, unless the acceptance is contrary to a legal prescription.

Article 471

To the request is not acted upon: a. in cases where ground exists for the suspicion that it is done for the benefit of an investigation, set up with the the suspect to prosecute, punish or otherwise deal with its religious or political conviction, nationality, race or the Group of the population to which he belongs; b. would stretch as far as acceptance to the contribute a prosecution or trial which incompatible is with it to article 94 of the Penal Code and article 235, paragraph 1, of this Code underlying principle; (c) as far as it is done for the benefit of a search for facts in respect of which the accused is being prosecuted in Suriname.

Article 472

1. To requests for the purpose of investigating offences of a political nature, or related facts, unless the Convention for acceptance required, not met than under any of the Government obtained permission. That authorization can only be given for requests that are based on a treaty. The decision on the application shall be communicated to the authorities through diplomatic channels of the requests-the State. 3. To requests, made for the purpose of an investigation into offences relating to charges, taxes, customs, foreign exchange, or border-related facts, and whose acceptance may be important for the country's tax service or requests relating to information onder's National Tax Office based or officials of this service in the exercise of their Ministry have become known , is not met than under any of the Government obtained permission. That authorization can only be given for requests that are based on a treaty.

Article 473-117

1. The Attorney General shall establish a well-founded request for acceptance and susceptible on a Treaty of a foreign judicial authority in the hands of the court-appointed receiver: a. If it is to hear from people who are not willing to appear voluntarily and the requested statement; b. if expressly asked for an affidavit or a statement made before a court; c. If, in order to ensure the desired result is needed , that other than public places against the will of the person entitled to be accessed, or that pieces of conviction be confiscated. 2. In cases other than those referred to in the preceding paragraph may request the Attorney General of a foreign judicial authority in the hands of the official receiver. 3. The submission of the request shall be expressed in writing claim, in which describes the operations of the court-appointed receiver be required. 4. The claim referred to in the preceding paragraph may be revoked at any time.

Article 474

1. To the extent that the claim referred to in article 473, paragraph 3, is done with a view to the fulfilment of a treaty based on a request for acceptance and susceptible of a foreign judicial authority, it has the same effect as an application for the establishment of a preliminary enquiry, this in relation to: a. the powers of the Commissioner with regard to the right to hear him suspects , witnesses and experts, as well as those to entering places, to conduct search and seizure of documents of belief; b. the powers of the prosecution officer; c. the rights and obligations of the by the supervisory judge to hear persons; (d) the assistance of a counsel; (e) the operations of the court clerk. 117 See Improve sheet S.B. 1986 No. 13.

2. Susceptible to seizure, in accordance with the first paragraph of this article, are pieces of belief that would be liable, if the fact in connection with which mutual assistance is requested, in Suriname had been committed and that fact, if the accused was in Suriname, could lead to extradition to the requesting State. 3. In fulfilment of a request for legal assistance can, otherwise than in accordance with the preceding paragraphs of this article, do not use coercion.

Article 475


1. the judge does the request, after enclosing the excavations conducted interrogations by him and those of his further operations, return to the Attorney General as soon as possible. 2. The court-appointed receiver seized pieces of conviction be made available to the Attorney General, as far as the Court of Justice, having regard to the relevant treaty, grant leave for this purpose. 3. Unless it is that the rightholders on the seized pieces of belief not in Suriname at the under the previous paragraph is required, leave shall be granted only on the condition that when issuing to the foreign authorities is stipulated, that the pieces will be returned as soon as the for the criminal procedure necessary. 4. The provisions in and under articles 102-105, 107, 460, 462-464 shall apply mutatis mutandis, it being understood that it referred to in article 460 wailing is submitted to and handled by the Court of Justice.

Article 476

1. Meaning and presentation of documents to third parties, in fulfilment of a request for legal assistance, with analogous application of the legal rules concerning meaning and presentation of Surinamese pieces of similar effect. 2. In a request for acceptance subject expressly preferred service distribution to the addressee in person, then acted accordingly wordtzoveel possible.

Article 477

Under the Treaty means a binding treaty for Suriname as referred to in article 113 of the Constitution.

SECOND DIVISION

FACTS COMMITTED ON BOARD OF AIRCRAFT

Article 478

1. When the research, which after landing a strange aircraft in Suriname pursuant to article 13, paragraph 4, of the Convention on offences and certain other acts committed on board aircraft must be set to that which occurred on board the aircraft, is related to a fact-of the Surinamese penal code with regard to where not applicable, it is set up in accordance with the provisions governing an investigation relating to a criminal feitwaarvoor no custody order is permitted. For the purposes of article 134, second paragraph, the fact shall be deemed to have been committed at the place where the aircraft has landed. The investigators that it can carry out investigations in addition to the articles referred to in article 82 take in the objects that the Commander of the foreign aircraft pursuant to article 9, paragraph 3, of the Treaty after landing hands down. 3. The provisions in and under articles 102-105, 107, 460, 462-464 shall apply mutatis mutandis.

Article 479

1. In cases where ground exists for the presumption that the Act of a passenger aircraft, which prompted this after the landing of the aircraft in Suriname pursuant to article 9, paragraph 1, of the Treaty, violates a penalty clause that is based on discrimination on grounds of race or religion, no investigation. 2. In cases where ground exists for the presumption, that the Act referred to in the previous paragraph violates of a penalty clause of a political nature is no investigation than under any of the Government obtained permission.

SIXTH BOOK

IMPLEMENTATION AND COSTS

Title 1

GENERAL PROVISIONS

Article 480

The implementation of judicial decisions shall be made in accordance with by the Minister of Justice and Police to set up guidelines on the orders of the public prosecutor.

Article 481

The offended party that are in dispute about the criminal case has attached, does the judgment itself, as far as is concerned, her claim, in the manner provided for judgments in civil matters. In the case of a judgment is notified orally the enforcement power of a communication from the Registrar, on the copy of the notes from the judgement, saying the offended party, the opponent and the judge by whom the judgment was delivered, and carrying at the head the words: "In the name of the Republic".

Article 482

If this Code only service, subpoena, summons, notice, notice or other communication is required, this shall be made if, by order of the public prosecutor.

Article 483

1. The Prosecutor may, for the enforcement of court decisions, or own the necessary special or General last give to the bailiffs and to the servants of public power. 2. Article 136, paragraphs 2 and 3, in relation to all civil servants by whom or on whose charge the implementation is made shall be applicable.

SECOND DIVISION

ENFORCEABILITY OF DECISIONS

Article 484118

1. Unless otherwise provided, no decision should be implemented, as long as no appeal against this done or State and thus this remedy is employed, until it is revoked or it is decided. 2. A judgement in first instance by default, can be implemented after service of a notice as referred to in Article 353, or, if such a communication need not come to pass, after the ruling. By objection or appeal, levy of execution shall be suspended or waived. The latter provision does not apply: 1 °. for commands at the judgment granted, which readily feasible; 2 °. If in the opinion of the public prosecutor it is common ground that the appeal after the expiry of the specified term is used unless requested by the one that the means employed, and after his trial, if he has requested to the application, the Court of first instance that the judgment provides otherwise.

Article 485

If a judgment at first instance by default has become enforceable, but not yet in force of res judicata, the decision of the Court of first instance in respect of the seized objects only are implemented by the Registrar, after an accurate description of those objects is put up and deposited at the registry.

Article 486

As far as concerns sentencing judgments, also remains after she has gone, if the convicted person expressly requires, suspended the implementation over the next eight days.

Article 487

1. within the time limit set in the previous article can the condemned a petition for pardon unclosed handing do or handed in at the Registrar of the Court that the judgment or, in the cases referred to State decision, also at the official or his replacement, at that decision appropriate. 2. The official or his replacement, designated by that decision, signs of any surrender that came with him has taken place in the appropriate register the day, on which they took place, and gives of that surrender shall, without delay, on the fastest possible way knowledge to the Registrar of the Court of first instance, referred to in the previous paragraph and to the prosecution; He also does the petition without delay to forward to the Registrar the fastest possible way. 3. The Registrar draws of each surrender, which has taken place with him or of which he has been notified pursuant to the preceding paragraph, in the day to the appropriate registry, on which they took place, and gives of that surrender to the public prosecutor in writing without delay. He sends it to him turned in or pursuant to the preceding paragraph shall be sent to him immediately to petition the Minister of Justice and police. 4. By requiring the surrender as long as the implementation remains suspended on the request is not.

Article 488Ook outside the case at the previous article meant, not yet begun implementation remains suspended, as long as don't have is on a petition for pardon, with whose submission in writing the public prosecutor's Office announced.

Article 489

1. If, however, the implementation is permitted or not of the entire criminal pardon is granted, the judgment as soon as possible implemented. 2. As far as the punishment is not in fine or forfeiture of seized objects, the officer in whose name the application is made shall be a specified period not exceeding two months, within which the fine must be met, or the confiscated objects to be extradited or the monetary amount to which they are estimated, at the pronunciation must be paid. That period may be extended by that Officer each time, but shall never exceed the duration of two years.

Article 490

1. where, for the implementation of a final verdict on the sentence of deprivation of liberty or to the penalty of reprimand, the condemned is insane, the Court recommends that the judgment, the suspension of implementation. 2. The suspension is ordered, either on the advancement of the public prosecutor's Office, either on the application of counsel for the condemned. With respect to counsel shall be subject to the provisions of the third title of the first book. 3. After the restoration is the order for suspension by the same court, on application by the public prosecutor, withdrawn.

Article 491


1. If, despite the insanity of the condemned, the implementation of other than at the previous article referred to possible, the curator on the ordinary way to satisfaction to the verdict invited. So the condemned still no curator has, if necessary to this end have been appointed to the advancement of the public prosecutor, in whose charge the implementation must take place. 2. With regard to the replacement penalty is the previous article shall apply.

THIRD DIVISION

IMPLEMENTATION OF DETENTION ORDERS

AND SENTENCING JUDGEMENTS

Article 492

1. The burden for enforcement of an order for detention or guilty verdict involves as accurately as possible indicate the person to conceive, a description of the decision or order when the detention is based, and the indication of the place to which the aangehoudene is to be transferred or of the judge or officer for who to be conducted. 2. The official who has kept a person in accordance with the burden, conducts this without delay to the site or for the judge or officer in the last listed. 3. If the aangehoudene claims not to be the person against whom the charge is directed, he will be given the opportunity to be heard by the District Court within whose jurisdiction, or the District Commissioner of the district where he is detained.

Article 493

The implementation officer can arrest the person to conceive any place. Articles 113-117 apply.

Article 494

1. the inclusion of a person against whom an order for detention or guilty verdict shall be implemented, in the appropriate device, shall be implemented either by showing the order for police custody or pre-trial detention, to extending detention, or the guilty verdict or an extract thereof either on presentation of the burden to implementation of the public prosecutor's Office. 2. In the latter case, the official, who has given the charge, ordered provisional detention, to detention or extending detention or, in the case of implementation of custodial sentence, the guilty verdict or an extract thereof to forward as soon as possible at the head of the establishment. 3. In case of implementation of custodial sentence, imposed by a court, referred to in paragraph 1 shall be either inclusion on presentation of a copy of or extract from the minutes of the hearing, or the double of the summons or the notice, on the note of the oral judgment, either on presentation of the burden to implementation of the public prosecutor's Office. 4. In the latter case, the official, who has given the burden, the copy of or extract from the minutes of the hearing or the double of the summons or the notice to forward as soon as possible at the head of the establishment.

Article 495

The heads of establishments as referred to in this section are required to keep a register in accordance with a by the Minister of Justice and Police to establish model.

Article 496

1. In the registry are at the inclusion of a person against whom an order for detention or guilty verdict is implemented, the name, first name, occupation, birthplace and place of residence or stay. If one thing or another, Muhammad is an indication to that effect. 2. The registration points further to: the Court or the official, whose decision shall be implemented; the date of that decision; the day and the hour, on which the inclusion, and the expected date of parole. The registration shall also be signed by the officer in command or judgment. Receive it by the head of the establishment the written statement that the inclusion has taken place, which he submit to the official statement on whose charge the implementation took place.

Article 497

1. In the above-mentioned registry is in the side of the inscription noted the day and time on which the stay of the prisoner or stops nursed in the establishment, indicating the decision pursuant to which, or from any other cause as a result of which this takes place. 2. The head of the establishment signs the tender documents and the notation referred to in this article.

Article 498

The release shall be carried out by the head of the establishment, as soon as the duration of the penalty time is reached, or the validity of the warrant ceases, or him to do so by the competent authority as soon as the load is provided.

Article 499

1. the Court of Justice is responsible for complying with the requirements of articles 494-498 and does to this end the establishments by one or more Commissioners from among its members on indefinite times and at least twice the year. 2. The findings shall be reported in writing to the Minister of Justice and police. 3. The Attorney General is required to report on the visit and doing the foot as mentioned in the above paragraphs.

Article 499a

1. enforcement of the death penalty is carried out on the spot by the President of the Republic, but not in public, in the presence of the Attorney General and in front of two members of the Court in addition to the Registrar of the Court. 2. The death penalty cannot be enforced against him, whose insanity after the condemnation came to be and by the judge, who has struck down the criminal verdict, is recognized. This provision shall also apply to the pregnant woman. In the first case, the execution of the death penalty suspended until after the restoration of the insane, in the second case until after delivery of the pregnant woman. To a person sentenced to death is the unlimited access licensed by such a religion teachers, if he will desire in itself to receive. 4. The implementation of the death penalty is the person sentenced to death 24 hours advance warning by the members of the Court, in the first member appointed, assisted by the Registrar of the Court of Justice, which is also, if the convicted person has something to declare, that statement will receive and format of minutes. 5. The implementation of the death penalty, the Registrar of the Court a written report format, which he, within twenty four hours after that, under the original verdict does overwrite and sign. He should be in the side of the report point out, that this transfer is done and those notation sign. The transfer has the same force of proof as the official record.

Article 500

1. the enforcement of judgments, on the sentencing to fine or forfeiture of seized objects shall be carried out not in the name of and by the public prosecutor. It urges, once the implementation is allowed, the convicted within the time limit set under article 489, paragraph 2, that the judgment at the registry of the Court has pointed out, the fine imposed, the confiscated objects from or to pay the estimated value of those objects. For the delivery of confiscated objects and the payment of the fine or of the estimated value of confiscated objects can designate Public Ministry another place.

Article 501

1. in the absence of full payment within the time specified under article 489, paragraph 2, will be the unpaid fine or the unpaid part of the fine, if in the opinion of the officer in whose name the implementation shall be made in the circumstances permit, after prior written warning, be recovered from the movable and immovable property of the condemned, on the proceeds of his labor as well as the wait, pensions or other benefits, which periodically by the condemned be enjoyed. 2. Referred to in the first paragraph to the story will not take place within the period of eight days, after the convicted will have been served because of the intention to do so the officer in whose name the application is to be made.

Article 502

1. Within the period of eight days after the service referred to in the previous article, the officer in whose name the application is made shall be a claim, the condemned a petition to the judge, who imposed the punishment, in order to reduce the amount of the fine imposed. 2. The Court decides, the public prosecutor heard, after trial or proper summoning of the convicted person, if the application for reduction. On an advancement of the official can the condemned be heard. 3. The reduction of the imposed penalty may only be based on the judges held that since expressing the condemnation the financial circumstances of the condemned have changed to such an extent that, they were on time thus been called, a lower fine would be imposed. 4. At reduction of the fine, the Court also the duration of the deprivation of liberty or supply replacement in the education. He is required to do so, where else apart from the minimum of a week, for replacement facilities in bringing up more than half a day for every guilder of the fine in place. 5. The decision of the Court is not subject to any remedy.

Article 503


1. Story on the movable and immovable property of the convicted person shall be carried out by issuing an injunction, medebrengende the right to that movable and immovable goods without judgment. 2. The injunctive relief is, in the name of the Republic, promulgated by the officer in whose name the implementation; It is the convict meant with order for payment and again implemented on the foot and the way, in the code of civil procedure as regards the enforcement of judgments and authentic instruments prescribed. 3. The implementation of the injunction cannot be suspended through a resistance, which, however, never can be directed against the verdict, which the fine was imposed or against the decision, which they further with application of article 502. Resistance is taken to a reasoned objection which before the sale and at the latest within seven days of the day of seizure, shall be submitted to the District Court in the first Canton. This gives as soon as possible, if necessary, after the convicted and the officer in whose name the implementation shall be carried out, to have heard, at least summoned to appear, his reasoned decision without delay to the condemned is meant. Can have the decision reviewed by the officer, in whose name the implementation must be made within seven days thereafter and by the condemned appeal within seven days after service. The Court gives as soon as possible, if necessary, after the convicted and the officer in whose name the implementation shall be carried out, to have heard at least summoned to appear, his reasoned decision, which is served immediately to the condemned. The condemned is in his job only admissible with the prior consignment of the unpaid fine or the unpaid part of the fine and of all the costs that the be-at the registry of the court settlement. 4. Vis-à-vis third parties, associated with a seizure of movable or immovable property, in whole or in part right it is rightfully theirs, the provisions of the code of civil procedure apply. 5. The cost of the story under this article shall be on an equal footing as the fine on the condemned.

Article 504

1. If story on the yield of the labor of the convicted or on the waiting, pensions or other benefits referred to in article 503 is possible, it is the officer in whose name the application is made shall be authorised by the non-satisfaction of the fine knowledge to give to the person from whom the condemned wage or salary or benefits, indicating the determined foot of payment , referred to in the third paragraph of this article. 2. These notifications shall be made in writing and is referred to by him to whom it is addressed, for "seen" drawn to that officer returned. If the notification is not submitted within eight days of the shipment for "seen" signed by the officer is returned, a homonymous notification in accordance with article 515.3. By service of the notice, in the second paragraph, the person, to whom it was addressed, as long as required, to the fine is not fully paid, up to discharge and at most to the amount by which by him as wage or salary or benefit to the payment of the fine is owed to mandatory, each time over the official referred to in the first paragraph to indicate terms on the spot by that officer to point out, the sum, which by that official in connection with the amount of money-fine and the amount of the salary, the salary or allowance is provided. 4. Payouts done in violation of the above rules, the person in whose service the condemned is exempt or from whom he benefits from the obligation laid down in paragraph 3. The claim for payment against him is always in the name of the competent official for the district judge to story and on the procedure in civil matters. 5. The provisions of special laws under which creditors only within the limits specified therein and in the manner provided therein in respect of wage or benefit as aforesaid, rights, remain at this outdoor operation. 6. The convicted can join reasoned objection oppose the story in the first paragraph. Article 503, paragraph 3, is on this resistance.

Article 505

In the absence of extradition of the confiscated objects and by payment of the amount which they at the hearing are estimated, within the time limit set under article 489, paragraph 2, 501, 503, and 504, find the articles shall apply mutatis mutandis.

Article 506

In the absence of full payment or extradition within the time limit set under article 489, paragraph 2, and if no story has taken place, the Public Ministry over to the implementation of the replacement custodial sentence or provision in the education.

Article 507119

1. Forfeiture of claims is implemented by service of the ruling to the debtor. 2. Confiscation of aircraft, ships and immovable property shall be made by transfer of ownership in the relevant registers.

Article 507a120

1. The obligation to pay a sum of money to the State for withdrawal of wrongly obtained advantage shall be implemented as a fine to the extent of the amount imposed. 2. At the request of the prosecution officer or at the written request of the person to whom the measure is imposed the Court of Justice may reduce or waive the amount; is the amount already paid or recovered, the judge orders that will be returned in whole or in part or to a third party designated by him will be distributed; the command let everyone's right to the amount paid out or returned. 3. The established amount may only be waived or reduced under circumstances that have occurred after the imposition, or who do not or not completely on the right were known. 4. The Court decides, the prosecution official heard, after trial or proper notice of the person to whom the measure has been imposed; This can be assisted by a lawyer or particular authorised; the lawyer or agent is given the opportunity to make the necessary comments. 5. The claim and the request cannot be done after two years have passed since the day on which the amount is recovered from the last, or portion thereof,. 6. The Court may ex officio order the measure or the replacement custody, pending its decision, will not be implemented. 7. The decision, to the person against whom the measure has been imposed.

Article 508

If anyone in accordance with the provisions of article 100 of the criminal code for the prosecution wishes to come he will, with a written authorization to that end, determined and at the place designated for that purpose, to the permission, at those conditions must satisfy him.

FOURTH DIVISION

JUDICIAL PROCEEDING TO RECOGNITION OF CONVICTS OR

OF OTHER SENTENCED PERSONS

Article 509

If someone is detained, undergoing criminal, continues to deny the convicted, or if doubt remains, in spite of knowledge on this subject in the Sub-District Court decided at first instance by the criminal act has taken note, whether or not the condemned.

Article 510

1. until the research is, on the advancement of the public prosecutor, in a hearing by the district judge to determine with most emergency. 2. The public prosecutor's Office, the aangehoudene, the witnesses who will be heard his name and that of which the aangehoudene relies, sue. The second paragraph of article 240 on all these witnesses will find corresponding toepassng. 3. If the Prosecutor refuses to do summon a witness, the Court of first instance, upon the request of the aangehoudene, the subpoena commands, without prejudice to the competence of witnesses to aangehoudene itself to do sue. The second through the fourth paragraph of article 244 found in the latter case shall apply mutatis mutandis. 4. To the aangehoudene by the district judge a counsel added. With respect to counsel shall be subject to the provisions of the third title of the first book.

Article 511121

1. the study and the decision shall be made in accordance with the provisions of the DerdeTitel of the third book. 2. As far as the provisions referred to in paragraph 1 of this article relate to a witness whose identity is not, or only partly, it appears, they find no application.

Article 512

If the district judge takes the identity, he welded the release. In the other case, levy of execution shall be deemed to have commenced at the time of detention.

Article 513

1. the judgements, on the decision about the identity, are open to appeal. 2. The appeal is to the ordinary measures instituted and prosecuted. The investigation and the decision shall be made in accordance with the third Title of the third book.

Article 514

To people who have been detained to undergoing any measure, this section shall apply mutatis mutandis, it being understood that, if the identity is adopted, to the application of the measure is passed.

FIFTH SECTION

NOTICES, STATEMENTS AND OTHER COMMUNICATIONS

Article 515


In all cases where this Code does not expressly allows or requires a different way of communication, made the prescribed documents, summons, notices, notifications, notices or other communications by presentation of a judicial writing.

Article 516

The presentation of the judicial writing shall be carried out by a judicial officer or a servant of the public power.

Article 517122

1. The award shall be made: a. to those who are in police custody are: in person; b. to all others: in person or, at their residence here te lande or is this not known their whereabouts to lande, to a roommate here. 2. In the case referred to in the preceding paragraph (b), also the whereabouts not known, the ceremony at the registry of the Court shall be that of the case should take note or last taken note; It concerns a communication about a remedy than getting used to the clerk of court where this remedy was used. The award is in these cases by or on behalf of the Registrar, stating the person for whom writing is intended, to the courthouse displaying them. The write is issued this person passed or forwarded as soon as possible. 3. In the case referred to in paragraph (b) nor the person for whom writing is intended, nor any of his housemates to his place of residence or stay found, or are these people not willing to accept, so writing is made the presentation to the head of local administration or an official, who, if possible, still writing to the person for whom it is intended to forward, does, without, however, in the latter's straight will need to prove. 4. Of each ceremony is a deed of ceremony, stating: 1 ° the authority by which the judicial writing borders; 2 ° the number of writing; 3 ° the person for whom writing is intended; 4 ° the person to whom it is issued; 5 ° the place of ceremony; 6 ° the date and time of issue. 5. The Act is brought about by him who is the ceremony, as soon as possible and personally on the oath when accepting his control, put up and immediately signed. Is awarded in accordance with the second or third paragraph for example, in the Act mentioned, that ceremony in accordance with paragraph (b) was not possible. 6. Everything under penalty of nullity. 7. In the cases referred to in the second and third paragraph, foreign residence, also by the authority of which the judicial writing goes out, a copy of the communication which contains writing, by registered post sent to him for whom writing is intended.

Article 518

The invalidity in the previous article, is covered by voluntary appearance.

Article 519

In cases where this Code prescribes that a summons, notice or other communication in writing may take place: a. in ordinary or registered letter about the post; b. by telegram; c. by presentation of the piece, but otherwise than to the person concerned in person or on other adequately.

Article 520

1. Where the last day of a time limit within which any annotation or declaration to the Court Office is to be carried out in such a falls on which the Office is closed, that note or statement be done on the next day on which the Office. 2. If for reasons of notation or explanation, apart from the Clerk's Office also another place is allowed, is the first member in respect of that other place of corresponding applications sing.

TITLE II

COST

Article 521

1. If the case ends without imposition of sentence or measure, the former suspect or his heirs from the country's cash reimbursed all costs made by him for a summons and compensation to witnesses or experts, to make announcements in straight or to the production or delivery of documents, and his travel costs to attend at the hearing on research and statements with the exception of the costs which are needlessly made. 2. Also if the case ends with imposition of sentence or measure all costs by the former suspect made summons and compensation to witnesses or experts, to make announcements in straight or to the production or delivery of documents, him or his heirs as far as tying animal costs compensated for by the importance of the research was advanced. As far as tying animal costs incurred by the withdrawal of the subpoena or remedies by the public prosecutor has become useless, they are all covered, with the exception of such which are needlessly made. 3. The amount of the compensation shall upon the request of the former accused or of his heirs, within three months after the end of the case, having regard to the provisions of the two preceding paragraphs and of the tariff provisions of legal costs in criminal matters. The determination is made at the Court in which the case during the termination was persecuted or else last was sued by the district judge or the President of the Court. Found the prosecution not for a particular dish place, then effected the establishment by the President of the Court. The district judge or President of the Court for the amount of the fee a writ of implementation. 4. The former suspect can be heard on the application. If he so requires, he is heard, at least. This paragraph applies also with regard to the heirs of the former suspect. 5. One and other is on lawsuits to recognition of convicts or other sentenced persons if the identity is not adopted, shall apply mutatis mutandis.

Article 522

1. the cost of extradition or transfer of objects under an order of the judge or of the prosecution officer are the persons concerned on the budget of the judge or the prosecution official from the country's cash reimbursed. 2. The judge or the prosecution officer presents a writ of enforcement. TRANSITIONAL AND FINAL PROVISIONS

Article 523

1. The law of 14 October 1910 (G.B. 1911, no. 2) laying down a code of criminal procedure, as amended and supplemented since then, is hereby repealed. 2. To determine the manner of Justice is only the former legislation, if, before the date of entry into force of this code of criminal procedure or the granting of provisional informatiën gathering rechstingang has progressed or ex parte for the first time in open court is summoned. A court order before detention, that the proceedings in the main hearing is granted, with analogous application of article 60a voergelegd implementation of this code, it being understood that the period of one hundred and twenty days begins to run on the date of entry into force of this code. 3. This code of criminal procedure shall enter into force with effect from 1 January 1979. The code, however, either in its entirety or in parts, at a time determined by State Decree into force earlier. In the case of partial entry into force in the State Decree the provisions from the old legislation, which fell, designated.

CODE OF CRIMINAL PROCEDURE

FIRST BOOK

GENERAL PROVISIONS

Title I Introductory provision in the criminal procedure algemeen1 ° Department........................................................ Art. 12 ° Department of the public prosecutor's Office and the competence of judges............. Artt. 2-33 ° Department Complained about not prosecution of criminal offences................... Art. 44 ° Suspension of the Prosecution Department................................................. Artt. 5-125 ° Treatment by the Department Council room.......................................... Artt. 13-18

Title II the suspect............................................................... Artt. 19-28

Title III counsel

General provision............................................................................. Art. 29

1 ° Choice of counsel Department................................................... Artt. 30-312 ° Department addition of legal counsel § 1 General provisions................................................................... Artt. 32-35 § 2 Replacement of the added counsel.......................................... Artt. 36-37 § 3 appeal concerning addition.............................................................. Art. 38 § 4 notification of the addition ......................................................... Art. 39 § 5 remuneration and reimbursement of expenses................................................ Art. 39a3 ° verkeermet on the powers of the Department counsel the suspect and the notification of procedural documents............ Artt. 40-41

Title IV any special restraints

1 ° Department arrest and police custody................................... Artt. 42-54a2 ° Department custody pre-trial detention warrants § 1..................................................... Artt. 55-66 § 2 hearing the suspect in custody asked.................... Art. 67 § 3 Content of orders and their service.............................................. Artt. 68-69 § 4 suspension and suspension of remand............................... Artt. 70-76 § 5 compensation for roadworthiness remand........................ Artt. 77-813 ° Department Seizure


§ 1 General provision..................................................................... Artt. 82 § 2 seizure by law enforcement officers or special people.......... Artt. 83-90 § 3 seizure by the court-appointed receiver during hetgerechtelijk for research........................................................... Artt. 91-101 § 4 retention of confiscated objects........................................ Artt. 102-104 § 5 return of confiscated objects....................................... Artt. 105-1074 ° Department seizure of claims ................................................... Artt. 108-1125 ° Department entering homes and entering enkelebijzondere...................................................... Artt. 113-1166 ° Enforcement Division of the order on the occasion of activities .... Art. 1177 ° Department measures on the occasion of a fireplace or a search warrant. Art. 118

Title V Swearing........................................................................ Art. 119

Title VI in the code meaning of some common

Expressions................................................................... Artt. 120-132

SECOND BOOK

INVESTIGATION, PRELIMINARY ENQUIRY

AND DECISIONS ON FURTHER PROSECUTION

Title I The investigation

1 ° The Department officials............................................................. Artt. 133-1472 ° Department returns, complaints and statements if offended party................... Artt. 148-1553 ° Department decisions on prosecution....................................... Art. 156

Title II the court-appointed receiver in charge of the treatment of criminal cases

1 ° Department appointment and dismissal................................................... Artt. 157-1582 ° Department operations of the bankruptcy judge in General........ Artt. 159-167

Title III of the preliminary enquiry

1 ° the claim of the Prosecution Department official............................ Artt. 168-1712 ° set up of the judicial Research Department.......................... Artt. 172-1853 ° Department the hearing of the suspect.......................................... Artt. 186-the interrogation of the witness 1914 ° Department............................................. Artt. 192-2065 ° Department experts.............................................................. Artt. 207-2166 ° Department conclusion of the preliminary enquiry........................ Artt. 217-2207 ° Department acts of the court-appointed receiver after the conclusion of the preliminary enquiry.................................. Art. 221

Title IV decisions on further prosecution.......................... Artt. 222-235

Final provisions relating to the preparatory work research ... ... Artt. 236-237

THIRD BOOK

TO THE HEARING

Title I the referral of the case at the hearing in first instance ... Artt. 238-248

Title II The Court at the hearing of the case on appeal. Artt. 249-251

Title III the treatment at the hearing

1 ° Division general provision..................................................... Art. the investigation of the case on Section 2522 ° the hearing........................ Artt. 253-3153 ° Department offended party......................................................... Artt. 316-3234 ° Department evidence..................................................................... Artt. 324-3305 ° Department deliberations and verdict............................................. Artt. 331-353

Title IV the trial of offences at first instance..................... Artt. 354-363

FOURTH BOOK

REMEDIES

(A)

ORDINARY REMEDIES

Title I.......................................................................... Artt. 364-367Titel II appeal of judgments............................................... Artt. 368-374Titel III appeals of decisions.................. Artt. 375-378Titel IV use of ordinary remedies................................. Artt. 379-382Titel V repeal and distance of ordinary remedies.................... Artt. 383-385

B

EXTRAORDINARY REMEDY

Title VI Revision of judgments................................................... Artt. 386-402

FIFTH BOOK

ONLY SPECIAL CATEGORY JUSTICE

Title I criminal procedure in cases concerning minors, which tenTijde the fact jarennog have not reached the age of eighteen.................................................... Artt. 403-428

Title II trial of suspects, who during the commit of the fact defective development or sickly failure dergeestvermogens existed .................................................. Artt. 429-432

Title III Exclusion and objection of judges................................... Artt. 433-443

Title IV disputes over jurisdiction............................................... Artt. 444-446

Title V Court orders to enforcement of law and order............. Artt. 447-457a

Title VI special requirements for detection of facts

an offence in the Penal Code..................... Artt. 458-459

Title VII Complaint........................................................................... Artt. 460-466

Title VIII international legal assistance................................................... Artt. 467-479

1 ° Division General provisions................................................... Artt. 467-4762 ° Department Facts committed on Board of aircraft..................... Artt. 477-479

SIXTH BOOK

IMPLEMENTATION AND COSTS

Title I Implementation

1 ° Division General provisions................................................... Artt. 480-4832 ° Department enforceability of decisions...................................... Artt. 484-4913 ° implementation of commands to vrijheidsbenemingen sentencing judgments Department........................................... Artt. 492-5084 ° Department.. Judicial proceeding of other sentenced persons to recognition of convicts or.......................................... Artt. 509-5145 ° Department Notices, statements and other communications.............. Artt. 515-520

Title II Costs...................................................................... Artt. 521-522Overgangs and final provisions............................................................ Art. 523

1 wt. at S.B. 2002 No. 68.2 wt. at S.B. 1980 no. 116.3 WT. at S.B. 1980 no. 116.4 WT. at S.B. 1980 no. 116.5 See Improve sheet S.B. 1986 No. 136 WT. at S.B. 1980 no. 116.7 WT. at S.B. 1980 no. 116.8 wt. at S.B. 1982 No. 84.9 wt. at S.B. 1980 no. 116, S.B. 1982 No. 84, S.B. 1989 No. 10010 WT. at S.B. 1980 no. 116, S.B. 2004 No. 98.95 WT. at S.B. 1980 no. 116, S.B. 1989 No. 95.90 WT. at S.B. 2002 No. 53.99 WT. at S.B. 1980 no. 116, 1982 No. 84, 1989 No. 101 WT. at S.B. 2002 No. 67.16 WT. at S.B. 2002 No. URIngev.bij S.B. 2002 No. 58.11 67.18 WT. at S.B. 1980 no. 116.19 inserted rec. at S.B. 2002 No. 67.20 WT. at S.B. 1980 no. 115.43 WT. at S.B. 2002 No. 97.63 WT. at S.B. 2002 No. 68.04 WT. at S.B. 2002 No. 67.10 wt. at S.B. 2002 No. 67.25 terminate upon S.B. 2002 No. 60.30 terminate upon S.B. 2002 No. 67.27 terminate upon S.B. 2002 No. 85.19 See Improve sheet S.B. 1986 No. 13; Terminate upon S.B. 2002 No. 67.04 terminate upon S.B. 2002 No. 67.30 terminate upon S.B. 2002 No. 67.33 See Improve sheet S.B. 1986 No. 13.34 WT. at S.B. 1980 no. 91.15 WT. at S.B. 1980 no. 116.36 WT. at S.B. 1980 no. 154.25 WT. at S.B. 2002 No. 74.20 WT. at S.B. 1980 no. 56.72 WT. at S.B. 2002 No. 70.40 WT. at S.B. 1980 no. 104.31 WT. at S.B. 2002 No. 70.42 WT. at S.B. 1980 no. 116.22 inserted rec. at S.B. 2002 No. 70.44 which inserted rec. at S.B. 2002 No. 106.81 inserted rec. at S.B. 2002 No. 46.33 inserted rec. at S.B. 2002 No. 97.85 inserted rec. at S.B. 2002 No. 84.03 inserted rec. at S.B. 2002 No. 71.16 inserted rec. at S.B. 2002 No. 70.50 inserted rec. at S.B. 2002 No. 7068 WT. at S.B. 1980 no. 70.75 wt. at S.B. 1980 no. 116; See Improve sheet S.B. 1986 No. 13.70 WT. at S.B. 2002 No. 70.71 WT. at S.B. 2002 No. 70.72 WT. at S.B. 1980 no. 145.01 WT. at S.B. 2002 No. 70.74 WT. at S.B. 2002 No. 70.75 wt. at S.B. 2002 No. 68.41 WT. at S.B. 2002 No. 139.90 WT. at S.B. 2002 No. 70.82 WT. at S.B. 2002 No. 85.99 inserted rec. at S.B. 2002 No. 70.85 WT. at S.B. 2002 No. 66.97 WT. at S.B. 2002 No. 112.27 inserted rec. at S.B. 2002 No. 67.88 WT. at S.B. 1980 no. 116.89 inserted rec. at S.B. 2002 No. 7091 WT. at S.B. 1980 no. 117.04 WT. at S.B. 1980 no. 83.28 WT. at S.B. 1980 no. 116.94 WT. at S.B. 1980 no. 116.95 WT. at S.B. 1980 no. 116.96 WT. at S.B. 1980 no. 116.97 WT. at S.B. 1980 no. 116.98 wt. at S.B. 1980 no. 147.25 WT. at S.B. 1980 no. 116,100 WT. at S.B. 1980 no. 116,102 WT. at S.B. 1980 no. 116,103 WT. at S.B. 1980 no. 116,104 WT. at S.B. 1980 no. 116,105 WT. at S.B. 1980 no. 116,106 inserted rec. at S.B. 2002 No. 68,107 inserted rec. at S.B. 2002 No. 68,108 inserted rec. at S.B. 2002 No. 68,109 inserted rec. at S.B. 2002 No. 68,110 WT. at S.B. 1980 no. 116,111 See Improve sheet S.B. 1986 No. 13,113 WT. at S.B. 2002 No. 67,114 inserted rec. at S.B. 2002 No. 67.119115 WT. at S.B. 2002 No. 71,116 WT. at S.B. 2002 No. 71.121118 See Improve sheet S.B. 1986 No. 13,119 WT. at S.B. 2002 No. 67,120 inserted rec. at S.B. 2002 No. 67,121 WT. at S.B. 2002 No. 70,122 WT. at S.B. 1980 no. 116.