Lex Cameroon

Criminal Procedure Code › Book 2 › Title 1 › Chapter 7

SECTION 245

(1) Subject to be provisions of section 244 (1), the Examining Magistrate may, by a ruling, direct the post-master to send to him all or part of the correspondences addressed to or sent by the defendant who is released with or without surety or placed under judicial supervision. (2) The provisions of the section 242 shall be applicable. (3) The measure provided for in sub-section (1) above may be revoked by the Examining Magistrate. Il shall cease to omission charged with the enforcement of the measure shall be informed of its termination. (4) (a) The Examining Magistrate may, where the inquiry so demands, order the interception, recording and transcription of correspondences sent by means of telecommunication. These operations are done under his authority and control. (b) The interception decision: - shall be in writing; - shall not have a judicial character and shall not be subject to appeal; - shall contain all the elements for the identification of the means of communication to be intercepted, the offence which has 100 to this measure as well as its duration. (c) The decision shall be taken for a maximum period of four (4) months, and may be renewed only under the same formalities and duration. (d) The Examining Magistrate or the judicial police officer commissioned by him, may order the installation of an interceptive device by any qualified agent of a service or institution placed under the authority or supervision of the Minister in charge of Telecommunications or any qualified agent of the operator of a telecommunication network or a provider of authorized telecommunication services. (e) The Examining Magistrate or the judicial police officer commissioned by him, shall transcribe the correspondences relevant to the case, and shall make a report thereof, the transcription is put in the case file. Correspondences in national or foreign languages shall be transcribed in English or French with the assistance of a translator requisitioned for that purpose. (f) The Examining Magistrate or the judicial police office commissioned by him shall make a report of each of the operations of the interception and recording; the report shall state the date and hour that the operation started and ended. The recordings shall be kept under seal. Courtesy of the Cameroon Center for Demoncracy and Human Rights – CCDHR: www.ccdhr.org 60 (g) The recordings shall be destroyed at the instance of the State Counsel or the Procureur General on the expiry on the prescription period for the criminal action. A report of the destruction shall be drawn up. (h) Unless the President of the Bar Council is informed by the Examining Magistrate, no interception can be effected on the telephone lines of a barrister's officer or residence. (i) No interception can be effected on the telephone lines of members of a public institution provided for by the Constitution and benefiting from immunity from prosecution. (5) Any action taken in violation of the provisions of this section shall be null and void. (6) The taking of photographs in private places shall be subject to the same formalities.
Official text Spot-checked In force from 27 July 2005 Source page 59

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ARTICLE 245

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Section 245 of the Criminal Procedure Code /akn/cm/act/loi/2005-07-27/2005-007
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