(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
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(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
Spot-checked
In force from 27 July 2005
Source page 16