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

Section 161: Where the Examining Magistrate seized of the matter is not territorially competent,he shall after the submissions of the Legal Department, rule on his lack of jurisdiction and shallrequest the civil party to seek redress elsewhere.Section 162: Where a complaint involving a civil claim result in a no-case ruling, the defendantmay bring a civil action for damages against the complainant for malicious prosecution.Section 163:(1) The State Counsel shall, when making his submission, not be bound by the statement ofoffence as given by the complainant who files acclaim for damages.(2) The Examining Magistrate shall not be bound by the statement of offence in the complaint orthat stated by the State Counsel in his submissions.CHAPTER IIIPROCEDURE DURING THE PRELIMINARY INQUIRYSection 164:(1) The order for commencing an inquiry may be made against a known or unknown person.It shall specify:(a) the full name and function of the Examining Magistrate who made it;(b) the statement of the offence committed;(c) the full name and identity of the defendant if he is known, or the sign if he is unknown;(d) a precise statement of the provisions of the law which have been violated;(e) the place and date of the commission of the offence.(2) The order shall be sign and stamped by the Examining Magistrate who made.