Cameroon Criminal Procedure Code 2005 - On TRACK against ...

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pronounced.Section 62:(1) Criminal proceedings shall be discontinued in the following cases:(a) The death of the suspect, the defender or of the accused ;(b) prescription;(c) amnesty;(d) repeal of the law ;(e) after a successful plea of convict or acquit;(f) by agreement between the parties, if the law expressly so provides ;(g) the withdrawal of a complaint, where the lodging of such a complaint is a precondition forthe commencement of prosecution.;(h) the withdrawal of the complaint or the civil claim by the civil party who lodged the complaintin respect of a simple offence or a misdemeanour .(2) The provisions of subsection (1) (h) above are applicable only where :- the withdrawal is voluntary;- the matter has not been heard on the merits; government department or by the injured personunder the conditions laid down by law.the offence committed does not disturb public order or good morals; in case of many civilclaimants, al! of them withdraw their complaints or civil claims;the withdrawal is not as a result of violence, fraud or deceit.(3) In the case referred to in sub-section (2) above, the court shall grant the application andaward costs against the civil claimant.Section 63: When a court has been seized al the same time of a criminal action and a civil action,except in the case provided for in sub-section l (h) above. The judge seized of the matter shall bebound to adjudicate thereupon.
Section 64:(1) The Procureur General of a Court of Appeal may, by express authority of the Ministry incharge of Justice, enter a nolle prosequi, at any stage before judgement on the merits is delivered,if such proceedings could seriously imperil social interest or public order.(2) In the case completed in sub-section (1) above, the Examining Magistrate or the court shallrecord the fact of the discontinuance of the criminal action, and order if need be, the cancellationof any warrant against the suspect or the accused.(3) W11e:1 the criminal action has been discontinued pursuant to sub-section (1) above, the EX(4) The discontinuance of criminal proceedings shall be without prejudice to their reinstitutionwhen this becomes necessary.(5) Except for the cases contemplated in subsection (I) above and in section 62 (I) h),prosecution regularly instituted, shall not in anyway be discontinued or suspended, without therisk of a civil action for damages against the magistrate who so does.Section 65:(1) Prescription shall be t barring of prosecution following the failure to commence action withinthe prescribed limitation period.(2) In the case of a felony, criminal proceedings shall be time-barred after the years have elapsedfrom the day following the day of commission of the felony, if 1 thin the interval no step is takenwithin 1 meaning of section 66.(3) Where a step has been taken 1 thin that interval, prosecution can only time-barred after tenyears have elapsed from the day following the date of such step.(4) In the case of a misdemeanour except where there are special provision in relation to certainoffences, the period of prescription shall be three years. It shall be calculated according to thecircumstances specified in sub-sections (2) and (3).(5) In the case of a simple offence period of prescription shall be one year shall be calculatedaccording to the circumstances specified in sub-sections 1 and (3).(6) In the case of prosecution for several related offences, the delay for prescription to be takeninto consideration shall be that of the offence with the most severe punishment.
Page 1 and 2: CRIMINAL PROCEDURE CODELaw N°2005
Page 3 and 4: elated offences.(2) Offences are sa
Page 5 and 6: - a witness suspected of hindering
Page 7: superintendent of prison to receive
Page 10 and 11: Section 29: A court process may be
Page 12 and 13: provisions of section 174 of the Pe
Page 14 and 15: (2) The bailiff shall indicate in t
Page 16 and 17: (a) It shall be five (5) days, in a
Page 20 and 21: npuomp:aétést inle 66.Section 66:
Page 22 and 23: (2) An insurance company shall not,
Page 24 and 25: SUB-CHAPTER IIDUTIES OF THE JUDICIA
Page 26 and 27: (2) At the close of the investigati
Page 28 and 29: (4) Any one heard as a witness or a
Page 30 and 31: Section 99:(1) No search may be con
Page 32 and 33: not, under pain of prosecution for
Page 34 and 35: Section 112: The State Counsel may
Page 36 and 37: in police custody for the purpose o
Page 38 and 39: y another chosen by the person on r
Page 40 and 41: Magistrates of the said Legal Depar
Page 42 and 43: (d) Shall evaluate the work and giv
Page 44 and 45: (a) That of the place of commission
Page 46 and 47: Section 146:(1) where there are sev
Page 48 and 49: penalties provided for in section 3
Page 50 and 51: Section 161: Where the Examining Ma
Page 52 and 53: (1)(a) On the appearance of the sus
Page 54 and 55: hours before the said appearance, i
Page 56: (1) When the search is conducted in

Cameroon Criminal Procedure Code 2005 - On TRACK against ...

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