Senegal

Code de Procédure Pénale Sénégalais

PART III – PRELIMINARY INVESTIGATIONS

108. Where a person is before the Magistrate charge with an offence which is triable exclusively by the Supreme Court or in the opinion of the Magistrate ought to be tried by such court, the Magistrate shall conduct a preliminary investigation into the charge alleged, in accordance with the procedure laid down in this Part.

109. The room or place in which the investigation is held shall not be an open or public Court for that purpose, and the Court may, if it thinks that the ends of justice will be served by so doing, order that no person shall have access to, or be or remain in the room or place without the express permission of the Court.

110. Upon the appearance of the accused before the Court on summons, warrant or otherwise, the Court shall cause the substance of the charge against the accused to be stated to him and the accused shall not be required to make any reply thereto; if any such reply is made it shall not be recorded by the Court .

111. (1) The Court shall then in the presence of the accused take the statements on oath of the witnesses of the prosecution and put such statements into writing (hereinafter referred to as "depositions").

(2) The accused shall be entitled to cross-examine the witnesses for the prosecution and shall be information of such right if not represented by a legal practitioner.

(3) The deposition of each witness shall include answers given by the witness in reply to questions put to the witness in cross-examination.

(4) The deposition of each witness shall be read over to the witness and signed by him and attested by the Magistrate in his presence.

Keywords

Fair trial standards



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