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

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

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Section 143:(1) Subject of the provision of section 157 the Examining Magistrate may carry out preliminaryinquiries only if the State Counsel, by judicial act, requests him to do so.(2) The judicial act by which the State Counsel seizes the Examining Magistrate shall be called aholding charge.Section 144:(1) the holding charge preferred by the State Counsel shall be in writing and made <strong>against</strong> aknown or an unknown person.(2) It shall contain the statement of the offence committed, and mention that prosecution has notbeen discontinued by virtue of any of the circumstances referred to in section 62.(3) It shall be dated and signed by the State Counsel.Section 145:(1) the holding charge shall be forwarded to the Examining Magistrate through the President ofthe court.(2) The State Counsel may at any stage of the preliminary inquiry, by an act known as anadditional holding charge, request the Examining Magistrate to perform any acts which he deemsnecessary for the discovery of the truth and in particular to prefer new charges.In this regard, the State Counsel shall ask for the inquiry file and return it to the ExaminingMagistrate with the additional holding charge within forty-eight (48) hours.(3) Whenever the Examining Magistrate forwards the file of the inquiry to the State Counsel, heshall, by a ruling, make an order known as a forwarding order which shall be included in the saidfile.(4) where the Examining Magistrate does not deem it necessary to act as required by the StateCounsel, he shall, by a ruling, make a reasoned order known as an order of refusal of furtherinquiry which shall be notified to the State Counsel within twenty-four (24) hours.

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