Code Henry

As soon as the king's prosecutor's final conclusions are delivered, the proceedings shall be examined by the judges, who shall annul them if the prescribed formalities have not been observed, and shall order them recommenced from the first act carrying nullity, as and in the manner mentioned in article 233.

After examining the case documents, if the procedure is regular, the judges shall deliberate on the validity or invalidity of the objections raised, whether verbally or in writing, by the accused against the witnesses, and on the justificatory facts that the defendants alleged in their interrogations, or advanced by their counsel in the memoranda and defenses attached to the case.

If the objection is declared valid, the witness's deposition shall be rejected and shall not be read.

If, on the contrary, the objection is declared inadmissible, the judges shall order that without regard thereto, the witness's deposition shall proceed to be read.

In the event that the objections or justificatory facts alleged appear to have some basis, and are not sufficiently proven, the judges may order the accused to provide proof thereof, within the shortest delay prescribed for that purpose, whether by documents or by witnesses whom he shall be required to name immediately upon pronouncement of the judgment, which must be delivered to him within twenty-four hours at the latest, by the investigating judge or rapporteur.

Witnesses shall be summoned at the request of the attorney general or his substitutes, at the expense of the accused or the civil party, to testify on the facts chosen by the judges from among those articulated by the accused, and inserted in the judgment ordering the proof.

The inquiry conducted on the justificatory facts and the accused's objections against witnesses shall be communicated to the attorney general or his substitutes, for their conclusions, as well as to the civil party, if any, and shall be added to the case file.

The civil parties and the accused may submit their petitions and memoranda, together with such documents on the subject of the inquiry as they deem appropriate to attach. The petitions, memoranda, and documents shall be respectively served.

After the review of the case, the accused shall be brought, under escort, to the seat of justice in the council chamber, to undergo interrogation on the sellette, of which an official report shall be drawn up, and added to the case file.

The interrogation completed, the accused shall be escorted back to the ban du roi or barrière neuve; the judges shall proceed to deliberate and shall render judgment without interruption.

The most lenient opinion shall prevail for judgments, whether interlocutory or final; unless the more severe opinion prevails by one vote, in cases judged subject to appeal, and by two in cases judged at last resort.

The execution of a death sentence against a woman who appears or declares herself to be pregnant shall be deferred until after her delivery, or until it is certain she is not pregnant; the judges may order that she be examined by midwives appointed ex officio, or by surgeons, who shall make their report, after having taken an oath.

The sacrament of penance shall be offered to those condemned to death. A clergyman shall attend them to the place of execution.

Executions shall take place at the diligence of the king's attorney general, who, for this purpose, may request the assistance of an armed force.

All appeals of interlocutory or final sentences rendered by the various seneschal courts of the kingdom, whether in correctional police or in criminal matters, shall be brought before the superior courts and judges who must hear them, in conformity with article 16, Chapter One, of Title One.

Appeals of sentences in correctional matters shall be brought at the hearing of the superior judges and sovereign court.

The same shall apply for appeals of orders granting leave to investigate, arrest warrants, or other criminal investigation orders, without however the execution of arrest warrants, investigation, and judgment being prevented or delayed by the appeal.

If the sentence appealed does not condemn to the death penalty or afflictive penalty, and the appeal is not filed by the public prosecution but by the civil parties, the case shall be sent to the clerk's office of the court that must hear it, three days after the declaration of appeal, if the seneschal court that rendered the sentence sits in the same place as the appeals court; within eight days, if outside the place or at a distance of ten leagues; and within fifteen days, if at a greater distance, under penalty of suspension against the clerk and one hundred gourdes fine; the king's prosecutor is charged with overseeing the execution of this article.

The declaration of appeal shall be made at the clerk's office of the seneschal court, within three days of service of the sentence upon the convicted party, in person or at domicile, and served upon the respondent.

During this period, and during the appeal proceedings, execution of the sentence shall be stayed.

The petition containing the grounds of appeal shall be submitted to the clerk's office of the court, within the time prescribed for distances by article 268.