12.07.2015 Views

download

download

download

SHOW MORE
SHOW LESS
  • No tags were found...

Create successful ePaper yourself

Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.

eing served for a response, shall be served to the defence counsel and the accusedperson pursuant to the provisions of Article 161 of this Code. In that case, the time limitbegins to run from the date of serving the document to the accused person or thedefence counsel. If a decision or appeal cannot be served to the accused personbecause he had not communicated a change of address to the court, the document shallbe posted on the notice board of the court and deemed duly served at the expiry of aperiod of eight days from the date of the posting.(5) Where a document is to be served to the accused person’s defence counsel, and theaccused person has more than one defence counsel, it is sufficient that it be served toone of them.Article 163(1) A summons for initiating private prosecution or indictment, as well as summons forthe trial hearing, shall be served to private prosecutors and subsidiary prosecutors, or totheir legal representatives, personally (Article 160), and to their proxies, in accordancewith Article 161 of this Code. Decisions from the date of whose service begins to run thetime limit for appeals and appeals by the adverse party being served for a response shallalso be served in this manner.(2) Where the persons referred to in paragraph 1 of this Article or aggrieved partiescannot be served at their hitherto addresses, the court shall post the summons or appealon the notice board of the court and they shall be deemed duly served at the expiry of aperiod of eight days from the date of the posting.(3) Where an aggrieved party, a subsidiary prosecutor or a private prosecutor has alegal representative or proxy, the service shall be effected to that person, and if there aremore representatives or proxies, to only one of them.(1) Documents are served in sealed covers.Article 164(2) Pro of service (service receipt) shall be signed by the recipient and the processserver. The recipient shall designate on the service receipt the date of the reception.(3) Where a recipient is illiterate or not able to sign his name, it shall be signed by theprocess server, who shall also specify the date of reception and the reason why hesigned in lieu of the recipient.(4) Where a recipient refuses to sign a service receipt, the process server shall so noteon the service receipt and note the date of service, whereby the service is deemedperformed.Article 165Where a recipient or adult member of the recipient’s household refuses to receive adocument, the process server shall note on the service receipt the date, time and reason

Hooray! Your file is uploaded and ready to be published.

Saved successfully!

Ooh no, something went wrong!