Code Henry

With respect to accused persons who escape from the bans du roi or barrière neuve after having undergone interrogation, they shall neither be summoned nor proclaimed by public cry; the judges shall order, with respect to those, that witnesses be heard, that those who have already been heard be restated, and that the restatement shall serve as confrontation.

The trial shall also be conducted by default, for the crime of breaking out of the ban du roi or barrière neuve, against the accused who has escaped.

The breaking out of the ban du roi shall be established by the judge, who shall proceed for this purpose to the ban du roi, draw up an official report of the condition of the place through which the prisoner escaped, describe the circumstances of the break-in, if any was made, and hear, in their depositions, the directors, jailers, and all others who may have knowledge of how events occurred; and whether the escape took place with the aid of conspiracy and gathering of prisoners.

After having established the breaking out of the ban du roi, the judge shall issue an arrest warrant against the accused; and if he cannot be found, he shall be summoned to appear within fifteen days; and subsequently, the ordinary default procedure shall be followed with respect to him, as and in the manner prescribed by articles 350 and 351.

In this case, the investigation shall be conducted by a separate and distinct procedure from that which took place for the original charge, the investigation and judgment of which may not and shall not be delayed on account of the breaking out of the ban du roi.

Accusations of the crime of principal forgery, denunciations and complaints shall be made in the form prescribed for all other crimes, without summons or other procedures with the accused, and without formal inscription in forgery.

A forgery charge may be admitted even though the documents alleged to be forged have been verified with the complainant or others, and recognized as genuine by a judgment rendered in proceedings other than principal or incidental forgery.

Upon the complaint or petition presented by the civil or public party, to which the allegedly forged documents are attached, if possible, it shall be ordered that an investigation be conducted, by the judge designated for the investigation by the order, into the facts of the complaint, by means of documents, witnesses, experts, and by comparison of writings and signatures.

It shall also be ordered, by the same judgment, that an official report be drawn up of the documents alleged to be forged; which, for this purpose, shall be deposited at the clerk's office, if they were attached to the petition, or the judgment shall order that they be brought there by those who have them in their possession; to which they may be compelled by all legal means, even by bodily constraint.

The time allowed for bringing the documents to the clerk's office runs from the day of service of the judgment, at the domicile of those who have them in their possession.

Witnesses may not be heard until after the documents have been deposited at the clerk's office, under penalty of nullity; unless it has been expressly ordered that they be heard before the deposit, the documents having been removed or lost, or being in the accused's hands, or for any other cause.

When the investigation is conducted by experts, they shall be appointed ex officio by the judgment ordering the investigation, under penalty of nullity; unless it is a judge commissioned on the premises who is conducting the investigation; in that case, that judge shall appoint the experts ex officio.

The accused shall only be admitted to raise objections against the experts in the time and form prescribed for other witnesses.

The official report on the condition of the documents shall be drawn up at the clerk's office, in the presence of the king's prosecutor and the civil party, if any, under penalty of nullity; the documents shall be initialed by the judge, the king's prosecutor, and the civil party; otherwise, mention of the refusal shall be made; then they shall be delivered to the clerk; the accused shall not be summoned to the official report.

Comparison documents shall be provided by the king's prosecutor and the civil party, if any; the accused may only present them after the investigation is completed and by deliberation of the judges, upon review of the case, under penalty of nullity.

Only documents that are authentic in themselves shall be admitted as comparison documents, such as signatures affixed to notarial acts or those of other public persons; those in acts made in the presence of a judge or clerk, as well as documents written and signed by the accused in his capacity as a public official; nevertheless, private writings or signatures acknowledged by the accused may be admitted.

The investigating judge shall order that comparison documents in the hands of public depositaries or others be brought to the clerk's office in the manner prescribed by articles 359 and 360, for allegedly forged documents.

Without petition, and upon the simple presentation of comparison documents by the public or civil party, an official report of said documents shall be drawn up in their presence, under penalty of nullity.

Upon the public party's conclusions, the judge shall reject or admit the comparison documents; in case of rejection, the civil party or king's prosecutor shall produce or identify others within the prescribed time, otherwise provision shall be made; if admitted, they shall be initialed by the judge, king's prosecutor, and civil party, if she can sign, otherwise mention, under penalty of nullity.

Experts shall be heard separately, and in the form of a deposition, just like other witnesses, without being allowed to make a report.