Procedure in Cases of Petty Offences

Procedure in Cases of Petty Offences

Art.167-Summoning of accused.

(1) Where a petty offence has been committed, the public or private prosecutor shall apply to the court having jurisdiction to summon the accused to appear.

(2) The application and the summons shall contain the name of the accused, the circumstances of the petty offence committed and the law and articles of the law to be applied.

Art.168-Accused may plead guilty in writing to petty offence.

The accused may return the summons to the court endorsing thereon that he pleads guilty to such offence. Such endorsement shall be dated and signed by the accused. In such a case and without prejudice to the provisions of Art.189 (3), he shall be dispensed with the necessity of appearing in court in answer to the summons.

Art.169- Proceedings and judgment.

(1) On receipt of the summons so endured, the court shall record the plea of guilty and, having ascertained the facts of the case from the prosecutor, shall sentence the accused and send him a copy of the judgment.

(2) Where the court proposed to impose a fine only, it shall do so forth with

(3) Where the court intends to impose a sentence of arrest, compulsory labor, a warning or reproof, it shall summon the accused to appear and shall give the accused an opportunity to defend himself before sentence is passed.

 

Art.170-procedure where accused appears before the court charge with petty offence.

 

(1) Where the accused does not endorse on the summons that he pleads guilty, he shall appear on the day and at the time fixed for the hearing.

(2) The prosecutor and the accused shall take such steps as are necessary to secure the attendance of their witnesses, if any.

(3) The procedure shall be oral. The court shall only record the salient part of the evidence of each witness. It shall give judgment orally recording briefly the reasons for its judgment and mentioning the provisions of the law under which judgment is given.

(4) Where the accused fails without good cause to appear in private proceedings the court shall give judgment forthwith.