Code Henry

If after having been restated, the witness died during the default period, the deposition of that witness shall stand; and a literal confrontation thereof shall be made to the accused; the judges, in this case, shall give no regard to the accused's objections against the witness, unless they are justified in writing.

In the case of a literal confrontation, the judge shall have the accused take an oath to declare whether he knew the witness whose confrontation will be made to him literally; the judge's question and the accused's answer shall be put in writing.

There shall then be read by the clerk to the accused the opening articles of the witness's deposition, containing his surname, given name, age, status or profession, and residence, the acquaintance he said he has with the accused, and whether he is a relative or in-law, servant or domestic of the parties.

The judge shall require the accused to provide, by documentary evidence, his objections against the witness, if he has any; and mention shall be made of the documentary evidence supporting the accused's objections, if he produces any, or mention of his declaration that he has none to produce.

There shall then be read to him the deposition and restatement of the witness; and the observations and responses of the accused, to the depositions and restatement, shall be put in writing.

The confrontation thus made, literally and without any interlineation, shall be signed; and erasures and marginal notes shall be approved by the judge, clerk, and accused, if he knows how or wishes to sign; otherwise, mention shall be made of the reason or refusal.

The same formalities shall apply with respect to witnesses who, due to prolonged absence from the kingdom, or any other legitimate impediment, cannot be confronted with the accused.

Articles 252 through 258 inclusive, of Chapter X above, shall be applied with respect to the procedure on objections.

If the convicted person comes to surrender, or is brought to the ban du roi within one year of the execution of the default judgment, the seizure of his movable and immovable property shall be released; the proceeds from the sale of his movable property, if any were sold to prevent their deterioration, shall be returned to him, after deduction of all costs, without prejudice however to the fine to which he was condemned, which he shall be required to deposit.

If the accused is unable to deposit the fine due to poverty, and there has been no seizure or sequestration of his movable property, titles, or effects, the judges may dispense him from this deposit, in order to purge the default.

Pecuniary condemnations and fines shall be deemed adversarial, and shall stand as if they had been ordered by decree; if, at the expiration of five years from the execution of the default sentence, the convicted persons have not appeared, or have not been made prisoners.

Nevertheless, after the five years have expired, convicted persons who have not surrendered may be admitted to proceed in court and to be present to defend their cause and obtain acquittal, if applicable, in the event that it has pleased the king to grant them letters for the purpose of purging the default.

The widow, children, relatives, or heirs of a person convicted by default, who died within five years of the execution of the sentence without having appeared, may be admitted to purge the memory of the deceased, even after the five years have expired, by obtaining letters from the king for that purpose.

If the judgment following the king's letters results in acquittal, the movable and immovable property seized from the defaulters shall be returned to them in whatever condition they are found, without their being able to claim any restitution of fines, civil interest, or fruits of the immovable property collected, or that should have been collected.

He who has been condemned by default to the death penalty, and who dies after the five years without having appeared or been made prisoner, shall be deemed to have died on the day of the execution of the default sentence.

The property of the convicted defaulter shall, from the date of execution of the sentence or decree, be administered as vacant property, and the account of revenues shall be rendered to whoever is entitled thereto, after the conviction has become irrevocable upon expiration of the period set by article 341.

An extract of the conviction judgment shall, within three days of execution, be sent to the minister of finance, at the diligence of the king's attorney general or his substitutes.

Accused persons against whom default proceedings have been conducted and judged may not be admitted to submit petitions, whether at first instance or on appeal, until they have surrendered themselves, pursuant to the warrants issued against them.

The defaulter who, after having surrendered, is discharged of the accusation, shall nevertheless be condemned to the costs that his default occasioned.

The trial of accused persons who escape from the bans du roi or barrières neuves, before having undergone interrogation, shall be conducted according to all the formalities prescribed above for default proceedings.