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(5) Where a decision of a higher court has also been set aside besides a decision of alower court, the case shall be referred to the lower court through the higher court.Articles 428-432(Erased)D. SPECIAL PROVISIONS ON SUMMARYPROCEEDINGS, PROCEDURES OFPRONOUNCING CRIMINAL SANCTIONS WITHOUTA TRIAL, AND PROCEEDINGS FORPRONOUNCING JUDICIAL ADMONITIONSChapter XXVISUMMARY PROCEEDINGSArticle 433In proceedings in connection with criminal offences punishable by a fine or terms ofimprisonment of up to five years as the principal penalty, the provisions of Articles 434 to448 of this Code shall be applied, and unless prescribed otherwise in any of thoseprovisions, the other provisions of this Code shall be applied accordingly.Article 434(1) Criminal proceedings shall be initiated on the basis of a motion to indict of the publicprosecutor or a subsidiary prosecutor, or private prosecution.(2) Te public prosecutor may file a motion to indict on the basis of the criminal complaint.(3) The motion to indict or private prosecution shall be submitted in a sufficient numberof copies for the court and the accused.Article 435(1) Before submitting the motion to indict, the public prosecutor may propose to theinvestigating judge the conduct of certain investigatory actions. If the investigating judgeaccepts the motion, he shall conduct investigatory actions, and then deliver the entire fileto the public prosecutor. All investigatory actions shall be conducted in the shortestpossible period.