12.07.2015 Views

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

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

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

SHOW MORE
SHOW LESS

You also want an ePaper? Increase the reach of your titles

YUMPU automatically turns print PDFs into web optimized ePapers that Google loves.

hours before the said appearance, if the counsel resides within the seat of the court, and at leastseventy-two (72) hours, if he resides outside the seat of the court.(3) The case file of the inquiry shall be placed at the disposal of the counsel at the chambers ofthe inquiry twenty-four (24) hours before each interrogation or confrontation.(4) Where the counsel who has been summoned does not appear, the inquiry shall continue in hisabsence and these facts shall be mentioned in the report.(5) The same shall apply when the defendant expressly refuses to be heard or confronted exceptin the presence of his counselThe refusal shall apply only to the interrogation or confrontation in question.Section 173: The provisions of section 172 above shall also apply to the counsel of the civilparty.Section 174:(1) The formalities provided for under sections 166 and 169 shall be included in the report offirst appearance.(2) Any violation of these formalities shall render the interrogation of the defendant null andvoid.(3) However, the provisions of section 170 (2) and (5) shall not apply in the case of felony ormisdemeanour committed flagrante delicto and in all urgent cases, notably where relevantevidence may disappear or a witness may die. The Examining Magistrate shall in all such cases,from the first appearance of the defendant, proceed to charge and interrogate the defendant even<strong>against</strong> the latter's wish. He may also proceed to confrontations, which he deems necessary. Thereport shall mention the reason for the urgency.Section 175:(1) The defendant shall be allowed to directly cross-examine the witnesses, the co-defendantsand the civil party. The civil party shall also have the right to cross-examine the witnesses andthe other parties.However, during the confrontation, the Examining Magistrate may stop the witness or any otherparty from answering any question which he deems irrelevant, injurious or <strong>against</strong> public party.

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

Saved successfully!

Ooh no, something went wrong!