download

provided that his presence is not absolutely necessary and that he had beeninterrogated beforehand.Article 446(1) The trial shall commence with a reading of the motion to indict or private prosecution.If possible, the trial shall be completed without interruptions.(2) In case the accused makes a full confession at the trial which is substantiated byother evidence, the court shall with the agreement of the parties suspend the evidentiaryprocedure and pronounce the criminal sanction, except if it has doubts about thetruthfulness of the confession.(3) Under the conditions referred to in paragraph 2 of this Article, the court maypronounce the following criminal sanctions: a judicial admonition, a conditional penalty,revocation of a driver’s licence, a public service penalty, a fine and a term ofimprisonment of up to one year, together with one or more of the following measures:confiscation of objects, ban on operating a motor vehicle and confiscation of proceedsfrom crime. The term of imprisonment for the criminal offences referred to in Article 443paragraph 2 of this Code may not exceed three years.(4) If during or after the conclusion of the trial the judge finds that a higher court hasjurisdiction for the case, he shall deliver the file to the competent public prosecutor, andif he finds that a chamber is competent for the trial, a chamber shall be formed and thetrial will commence anew. If he finds the existence of any of the reasons referred to inArticle 349 of this Code, the judge will issue a ruling dismissing the charges.(5) At the conclusion of the trial, the court shall immediately pronounce a judgement andmake it public, with substantive reasons. A written judgement must be rendered withineight days of the publication of the judgement.(6) Appeals against the judgement may be filed within eight days of the date of deliveryof the copy of the judgement.(7) The parties and the aggrieved may waive their right to appeal immediately after thejudgement is pronounced. In that case copies of the judgement shall be delivered toparties and aggrieved only if they request so. If both the parties and aggrieved waived toright to appeal on pronouncement of the judgement and none of them requested to bedelivered a copy of the judgement, the written judgement does not need to contain asubstantiation.(8) The provisions of Article 358 of this Code shall be applied accordingly in respect ofrelease from detention after the pronouncement of the judgement.(9) Where the court pronounces a prison sentence, he may be ordered placed orremanded in detention, if the reasons referred to in Article 436 paragraph 1 of this Codeexist. In such case detention may last until the judgement is final, but no longer than theexpiry of the sentence imposed on the accused by the first-instance court.