Jurisdiction of Courts, Public Prosecution Department and Police

Jurisdiction of Courts, Public Prosecution Department and Police
 
Jurisdiction of Courts
 
Art 4. __ Jurisdiction as regards offences.
 
(1) The courts mentioned in the third column of the First Schedule to this Code shall have jurisdiction to try the offences mentioned in the first and second columns and impose the punishments provided by law.
(2) The Minister may by order published in the Negarit Gazeta alter or vary the first schedule.
 
Art. 5.___ Persons to be tried.
 
(1) No young person (Art. 53 penal code) may be tried together with an adult.
(2) No member of the Armed forces my be tried together with a civilian except for an offence which does not come within the jurisdiction of a military court.
 
Art. 6. __ Area of jurisdiction
 
Courts shall exercise local jurisdiction in accordance with the provisions of Art. 99-107.
 
Art. 7 ___ Appellate jurisdiction
 
Courts shall exercise appellate jurisdiction in accordance with the provisions of Arts. 182.
 
 
Chapter 2 Public prosecution Department and police
 
Art. 8 powers of public prosecution department.
 
(1) The Advocate General, the Deputy Advocate General and the public prosecutors shall be responsible for carrying out the duties imposed on them under this code.
(2) The public Prosecution department may in the discharge of its duties give the necessary orders and instructions to the police and ensure that the police carry out their duties in accordance with law.
 
Art. 9 Duties of the police.
 
The police shall in accordance with the provisions of this code assist the public prosecution department in
(a) Preserving the preventing crime;
(b) Discovering the commission of offences;
(c) Apprehending offenders; and
(d) Prosecuting offences when members of the police are appointed as public prosecutors.
 
Art. 10 Police public prosecutors.
 
Where a member of the police force is appointed as a public prosecutor he shall carry out the instructions of the public prosecution department.
 

Prosecution and Inquiry

Setting in Motion Prosecution and Inquiry

Chapter 1 Setting justice in motion

 

Section 1 Accusation and complaint

 

Art. 11 __ Accusation in general.

 

(1) Any person has the right to report any offence, whether or not he has witnessed the commission of the offence, with a view to criminal proceedings being instituted.

(2) There shall be a duty to report in the cases provided in Art. 267,344 and 438 penal code.

 
Art. 12.___ Anonymous accusations.

 
Anonymous accusations which disclose serious beaches of the law and are on the face of them circumstantial and credible shall be investigated by the competent police authorities in the manner prescribed by Art. 22 et seq. with a view to ascertaining the truth or otherwise of the accusation.

 
Art. 13__ Offences punishable on complaint.

In the case of offences which under the law may be prosecuted and punished only upon a formal complaint by the injured party or those deriving rights from him, the provisions of Art. 217-222 and 721 Penal Code shall apply.

 

Art. 14 __ form of accusation or complaint.

 

(1) Any accusation (Art. 11) or complaint ( Art. 13) shall be reduced to writing by the person to whom it is mad and when completed shall be read over to the complainant who shall sign and date it.

(2) Where an accusation or complaint is made by more than one person ( Art.219 Penal Cade), all such persons shall sign it.

 

Art. 15 __ Accusation or complaint against an unknown offender.

 

Where the offender cannot be identified because he is unknown to the person making the accusation or complaint, such person shall furnish such details as are known to him with a view to establishing the identity of the offender.

 

Art. 16 __ Authority competent for receiving accusation or complaint.

 

(1) Any accusation (Art. 11) or complaint(Art. 13) may be made to the police or the public prosecutor. An accusation or complaint regarding a young person shall be made in accordance with Art. 172.

(2) Where it is made to the public prosecutor, the prosecutor shall forward it to the competent police officer with a view to an investigation being made under Art. 22 et seq.

 

Art. 17. __ Accusation or complaint addressed to wrong authority.

 

Where an accusation or complaint is made to a person or authority other than the police or the public prosecutor or to a police authority or a prosecutor having no jurisdiction, such person, authority or prosecutor shall without delay forward the accusation or complaint to the appropriate police authority or public prosecutor.

 

Art. 18.__ False accusation or Complaint.

 

Whosoever makes a false accusation or false complaint shall be liable to the punishments laid down in art. 441 and 580 Penal Code.

Section 2__ Setting justice in motion in flagrant cases

 

Art. 19.__ Flagrant offences.

 

(1) An offence shall be deemed to be flagrant where the offender is found committing the offence, attempting to commit the offence or has just committed the offence,

(2) An offence shall be deemed to be quasi-flagrant when, after it has been committed, the offender who has escaped is chased by witnesses or by members of the public or when a hue and cry has been raised.

 

Art. 20. __ Assimilated cases.

 

An offence shall be deemed to be flagrant and to fall under the provisions of Art. 19 when:

(a) The police are immediately called to the place where the offence has been committed: or

(b) A cry for help has been raised from the place where the offence is being or has been committed.

 

Art. 21__ Effect as regards setting in motion of proceedings or arrest.

 

(1) In the case of offences as defined in Art. 19 and 20 proceedings may be instituted without an accusation or complaint being lodged, unless the offence cannot be prosecuted except upon a formal complaint.

(2) An arrest without warrant may in such cases be made on the conditions laid down in Art. 49 et seq