(1) The Procureur General of a Court of Appeal may, by express authority of the Ministry in charge of Justice, enter a nolle prosequi, at any stage before judgement on the merits is delivered, if such proceedings could seriously imperil social interest or public order.
(2) In the case completed in sub-section (1) above, the Examining Magistrate or the court shall record the fact of the discontinuance of the criminal action, and order if need be, the cancellation of any warrant against the suspect or the accused.
(3) W11e:1 the criminal action has been discontinued pursuant to sub-section (1) above, the EX< span>
(4) The discontinuance of criminal proceedings shall be without prejudice to their reinstitution when this becomes necessary.
(5) Except for the cases contemplated in subsection (I) above and in section 62 (I) h), prosecution regularly instituted, shall not in anyway be discontinued or suspended, without the risk of a civil action for damages against the magistrate who so does.
Official text
Transcription: Spot-checked
In force from 27-07-2005
Source page 16
The document's transcription was spot-checked against the supplied source; this does not confirm a line-by-line review of every provision.
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Section 64 of the Criminal Procedure Code/akn/cm/act/loi/2005-07-27/2005-007
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