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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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231
Article 231 Law on Criminal Procedure · Des récolemens et confrontations des témoins
Criminal Procedure
All the formalities prescribed above for the confrontation of witnesses with the accused shall be observed for the confrontation of the accused with one another,...
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All the formalities prescribed above for the confrontation of witnesses with the accused shall be observed for the confrontation of the accused with one another, under penalty of nullity.

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232
Article 232 Law on Criminal Procedure · Des récolemens et confrontations des témoins
Criminal Procedure
Any declaration made outside of court by witnesses, whether before or after the investigation, restatement, and confrontation, shall be deemed null and void, and rejected...
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Any declaration made outside of court by witnesses, whether before or after the investigation, restatement, and confrontation, shall be deemed null and void, and rejected from the case file; the witness who made it, and the party who produced it, shall each be condemned to a one hundred gourde fine, and to greater punishment, according to the gravity of the case.

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233
Article 233 Law on Criminal Procedure · Des récolemens et confrontations des témoins
Criminal Procedure
If it is ordered, whether at first instance or on appeal, that witnesses shall be heard a second time, or the trial conducted anew, due...
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If it is ordered, whether at first instance or on appeal, that witnesses shall be heard a second time, or the trial conducted anew, due to some nullity in the proceedings, the judge who committed it shall be condemned to bear the costs and to pay the fees of the judge who shall conduct the new proceedings, without prejudice to the damages and interest of the parties, for which he shall likewise be held liable and condemned.

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234
Article 234 Law on Criminal Procedure · Des conclusions définitives des procureurs du Roi
Criminal Procedure
After the restatement and confrontation have been completed, the king's prosecutors shall receive communication of all the case documents, to give their final conclusions; which...
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After the restatement and confrontation have been completed, the king's prosecutors shall receive communication of all the case documents, to give their final conclusions; which they shall be required to do as soon as they are notified by the investigating judge.

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235
Article 235 Law on Criminal Procedure · Des conclusions définitives des procureurs du Roi
Criminal Procedure
The conclusions shall be given in writing and sealed; they shall contain the reasons on which they are based, and shall tend toward the application...
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The conclusions shall be given in writing and sealed; they shall contain the reasons on which they are based, and shall tend toward the application of the penalty, in conformity with the Criminal Law.

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236
Article 236 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Judges are required to attend to the dispatch of criminal cases, in preference to all others.
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Judges are required to attend to the dispatch of criminal cases, in preference to all others.

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237
Article 237 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Criminal cases may be investigated and judged, even though there has been no occasion to hear, restate, or confront witnesses; if, moreover, there is sufficient...
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Criminal cases may be investigated and judged, even though there has been no occasion to hear, restate, or confront witnesses; if, moreover, there is sufficient proof through the official reports establishing the corpus delicti, through the interrogations of the accused, through authenticated documents they have acknowledged, and through such other presumptions, indications, and circumstances as may result therefrom.

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238
Article 238 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Sentences of first-instance judges containing only pecuniary condemnations with provisional execution shall be executed provisionally and notwithstanding appeal, upon providing a solvent surety; if, besides...
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Sentences of first-instance judges containing only pecuniary condemnations with provisional execution shall be executed provisionally and notwithstanding appeal, upon providing a solvent surety; if, besides costs, these condemnations do not exceed two hundred gourdes to the party, and fifty gourdes in fines to the treasury.

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239
Article 239 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Superior judges may not grant any stay or suspension of execution of sentences not exceeding the sums mentioned in the preceding article, under penalty of...
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Superior judges may not grant any stay or suspension of execution of sentences not exceeding the sums mentioned in the preceding article, under penalty of nullity of the stay orders, and suspension of the judges who granted them; and additionally twenty-four gourdes fine, both against the parties who requested the stays, and against the attorneys who signed the petitions.

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240
Article 240 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
In criminal cases, the final judgment or decree may only be pronounced by fasting judges, if the king's attorney general or his substitutes have taken...
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In criminal cases, the final judgment or decree may only be pronounced by fasting judges, if the king's attorney general or his substitutes have taken conclusions for death, or for the penalty of the galleys, irons, or detention of more than three years at the barrière neuve.

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241
Article 241 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
All judgments carrying condemnation to the death penalty, or to an afflictive penalty, may only be executed after having been confirmed on appeal, by decrees...
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All judgments carrying condemnation to the death penalty, or to an afflictive penalty, may only be executed after having been confirmed on appeal, by decrees of the superior judges, and submitted for the approval or disapproval of the king.

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242
Article 242 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
First-instance judgments shall be rendered by two judges, including the investigating judge.
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First-instance judgments shall be rendered by two judges, including the investigating judge.

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243
Article 243 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Judgments or decrees of the courts at first instance or on appeal shall be pronounced by at least seven judges, including the rapporteur.
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Judgments or decrees of the courts at first instance or on appeal shall be pronounced by at least seven judges, including the rapporteur.

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244
Article 244 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
In the event that there are not enough judges, whether due to absence, illness, recusal, or any other impediment deemed legitimate, judges shall be drawn...
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In the event that there are not enough judges, whether due to absence, illness, recusal, or any other impediment deemed legitimate, judges shall be drawn from other jurisdictions that have not dealt with the case, or from among attorneys and prosecutors.

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245
Article 245 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Sentences, judgments, or decrees, whether at first or last instance, shall be reasoned, shall contain the text of the law in conformity with which they...
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Sentences, judgments, or decrees, whether at first or last instance, shall be reasoned, shall contain the text of the law in conformity with which they were pronounced, and shall be signed by all judges who participated; all under penalty of nullity, fifty gourdes fine and suspension against the judges, and condemnation to damages and interest toward parties who suffer from the nullity.

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246
Article 246 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
Notwithstanding all appeals, even of incompetent or recused judges; and without prejudice thereto, proceedings shall continue, both in the investigation and judgment of criminal cases;...
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Notwithstanding all appeals, even of incompetent or recused judges; and without prejudice thereto, proceedings shall continue, both in the investigation and judgment of criminal cases; and procedures conducted with the accused, without protest since the appeals, may not be raised as a bar to further proceedings.

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247
Article 247 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
All final sentences, judgments, or decrees shall, within twenty-four hours, be pronounced in the interrogation chamber of the barrière neuve, to the detainee or convicted...
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All final sentences, judgments, or decrees shall, within twenty-four hours, be pronounced in the interrogation chamber of the barrière neuve, to the detainee or convicted person, by the clerk of the seneschal court or court that rendered them, in the presence of the investigating judge or rapporteur.

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248
Article 248 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
A certificate of the pronouncement and of the judge's or rapporteur's attendance shall be given by the clerk at the bottom of a certified copy...
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A certificate of the pronouncement and of the judge's or rapporteur's attendance shall be given by the clerk at the bottom of a certified copy of the judgment, signed by him and the judge who attended.

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249
Article 249 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
The operative part of sentences, judgments, or decrees of acquittal or release shall be written by the clerk on the register of the director of...
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The operative part of sentences, judgments, or decrees of acquittal or release shall be written by the clerk on the register of the director of the bans du roi or barrières neuves, at the bottom or in the margin of the prison entry.

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250
Article 250 Law on Criminal Procedure · Des sentences, jugemens et arrêts
Criminal Procedure
If within twenty-four hours of the pronouncement of sentences, judgments, or decrees of acquittal or release, there is no appeal by the attorney general or...
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If within twenty-four hours of the pronouncement of sentences, judgments, or decrees of acquittal or release, there is no appeal by the attorney general or his substitutes, the clerks are required to have the detainees released, unless they are held for payment of fines or civil interest.