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Code Henry

The first comprehensive legal code of the Kingdom of Haiti, promulgated by King Henry Christophe on February 20, 1812 — a sovereign act of juridical self-determination just eight years after the world's only successful slave revolution produced an independent nation. This digital edition presents the complete Code in 3,004 articles spanning 8 laws and 67 titres — from the Loi Civile's 1,535 articles on personhood, marriage, property, and succession, to the Loi sur la Procédure Criminelle's 421 articles on investigation, confrontation, and royal clemency. Every article has been hand-extracted from 19th-century OCR, corrected, translated into English, and annotated with plain-language life lessons and scholarly notes. Browse in French, English, or Kreyòl Ayisyen. 3,004 articles · 8 laws · 3 languages · 213 years restored

3,004 articles in the Code Henry

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111
Article 111 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
This complaint, after having been communicated to the king's prosecutor, shall be answered by the seneschal with an order that it shall be investigated by...
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This complaint, after having been communicated to the king's prosecutor, shall be answered by the seneschal with an order that it shall be investigated by the investigating judge whom he shall designate.

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112
Article 112 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
No one shall be recognized as a civil party, if, by the complaint or by a subsequent act, he has not formally declared it, or...
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No one shall be recognized as a civil party, if, by the complaint or by a subsequent act, he has not formally declared it, or if he has not claimed damages and interest against the accused party.

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113
Article 113 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
At any stage of the proceedings, before judgment, complainants may constitute themselves civil parties; and within twenty-four hours after having constituted themselves, they may withdraw;...
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At any stage of the proceedings, before judgment, complainants may constitute themselves civil parties; and within twenty-four hours after having constituted themselves, they may withdraw; they shall only be liable, in that case, for costs incurred up to the moment of notification of their withdrawal, without prejudice, however, to damages and interest of the accused, if applicable.

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114
Article 114 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
In no case, after the judgment, may the withdrawal of the civil party be accepted, even if the twenty-four-hour period after the declaration of constituting...
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In no case, after the judgment, may the withdrawal of the civil party be accepted, even if the twenty-four-hour period after the declaration of constituting a civil party has not expired.

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115
Article 115 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
Any civil party not domiciled in the city where the seneschal court sits shall be required to elect a domicile there, by act filed at...
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Any civil party not domiciled in the city where the seneschal court sits shall be required to elect a domicile there, by act filed at the clerk's office.

In default of election of domicile by the civil party, it may not argue the lack of service against acts that should have been served upon it.

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116
Article 116 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
All costs of the proceedings shall be advanced by the civil party, against whom an executory order may be issued.
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All costs of the proceedings shall be advanced by the civil party, against whom an executory order may be issued.

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117
Article 117 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
Costs in criminal matters shall be assessed as they are in civil matters, and shall be liquidated by the judgment, if there is a civil...
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Costs in criminal matters shall be assessed as they are in civil matters, and shall be liquidated by the judgment, if there is a civil party.

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118
Article 118 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
Except in the case of flagrant offense, and those assimilated thereto, the investigating judge is required to communicate the proceedings to the king's prosecutor, for...
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Except in the case of flagrant offense, and those assimilated thereto, the investigating judge is required to communicate the proceedings to the king's prosecutor, for the purpose of requesting what he deems appropriate, before issuing a warrant of arrest or order of bodily seizure.

The king's prosecutor may not keep the proceedings for more than twenty-four hours.

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119
Article 119 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
If the investigating judge proceeds to the scene of the offense, he shall be accompanied by the clerk of the seneschal court and escorted by...
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If the investigating judge proceeds to the scene of the offense, he shall be accompanied by the clerk of the seneschal court and escorted by the maréchaussée.

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120
Article 120 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
If the suspect has been arrested and transferred to the ban du roi, the investigating judge shall proceed to his interrogation within twenty-four hours of...
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If the suspect has been arrested and transferred to the ban du roi, the investigating judge shall proceed to his interrogation within twenty-four hours of the delivery to him of the official reports, acts, and effects referred to in article 104.

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121
Article 121 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
If the suspect, outside the case of a flagrant offense, has been arrested on an order of the investigating judge, he shall be interrogated within...
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If the suspect, outside the case of a flagrant offense, has been arrested on an order of the investigating judge, he shall be interrogated within twenty-four hours of his entry into the ban du roi of the city where the seneschal court sits.

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122
Article 122 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
If the suspect has not been arrested, the investigating judge shall issue against him a warrant to bring or a warrant of arrest, according to...
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If the suspect has not been arrested, the investigating judge shall issue against him a warrant to bring or a warrant of arrest, according to the circumstances and gravity of the crime, after hearing the witnesses and upon the king's prosecutor's conclusions.

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123
Article 123 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
In the case that the suspect is in flight, proceedings shall be taken against him, as shall be explained hereafter in Title III, Chapter One,...
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In the case that the suspect is in flight, proceedings shall be taken against him, as shall be explained hereafter in Title III, Chapter One, on default proceedings.

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124
Article 124 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
The judge in charge of the investigation shall proceed wherever he is required to go, and even ex officio, to search for, and seize papers,...
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The judge in charge of the investigation shall proceed wherever he is required to go, and even ex officio, to search for, and seize papers, effects, and generally all objects that may serve, either as written evidence, whether incriminating or exculpatory, or as exhibits for conviction.

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125
Article 125 Law on Criminal Procedure · De l'instruction préparatoire
Criminal Procedure
Nevertheless, if the papers or effects to be searched for are outside the parish where the seneschal court sits, the investigating judge shall give commission...
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Nevertheless, if the papers or effects to be searched for are outside the parish where the seneschal court sits, the investigating judge shall give commission to the judge of the place where they may be found, to carry out the operation prescribed by the preceding article, who shall draw up an official report thereof, which he shall send sealed and closed to the investigating judge, together with the papers and effects found as a result of said searches.

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126
Article 126 Law on Criminal Procedure · De l'audition des témoins
Criminal Procedure
Witnesses shall be produced either by the public prosecution or by the civil party.
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Witnesses shall be produced either by the public prosecution or by the civil party.

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127
Article 127 Law on Criminal Procedure · De l'audition des témoins
Criminal Procedure
Any person identified by the complaint, denunciation, or official reports, as having knowledge of the crime or offense, or of its circumstances, shall be summoned...
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Any person identified by the complaint, denunciation, or official reports, as having knowledge of the crime or offense, or of its circumstances, shall be summoned at the request of the king's prosecutor, through the ministry of a bailiff, to appear before the investigating judge to testify truthfully.

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128
Article 128 Law on Criminal Procedure · De l'audition des témoins
Criminal Procedure
The persons designated in article 41 above may not be compelled to testify, except in cases ordered by law.
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The persons designated in article 41 above may not be compelled to testify, except in cases ordered by law.

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129
Article 129 Law on Criminal Procedure · De l'audition des témoins
Criminal Procedure
Witnesses, before being heard, shall present the citation that was given to them, and mention thereof shall be made in the official report of the...
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Witnesses, before being heard, shall present the citation that was given to them, and mention thereof shall be made in the official report of the hearing, under penalty of nullity.

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130
Article 130 Law on Criminal Procedure · De l'audition des témoins
Criminal Procedure
The investigating judge, assisted by the clerk only, shall receive secretly and separately the deposition of each witness. The deposition shall be signed by the...
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The investigating judge, assisted by the clerk only, shall receive secretly and separately the deposition of each witness.

The deposition shall be signed by the judge, the clerk, and the witness, after it has been read to him and he has declared that he stands by it.

If the witness cannot sign or will not sign, mention shall be made thereof.