Criminal Code (Cap. 9), article 374

374. In proceedings instituted on th e complaint of the injured party, the following provisions shall apply: Parties to appear personally. (a) the complainant and the defendant shall appear personally on the day appointed for the hearing of the complaint. They may, however, be assisted by advocates or legal procurators; Exemptions.(b) in the case of contraventions, it shall be lawful for the court, upon good cause being shown, to exempt either of the parties from appearing personally and to permit the spouse or a near relative, by blood or affinity, of such party, or any other person having the charge of such party or authorized in writing by such party, to appear instead; Non-appearance of parties. (c) if neither of the parties shall appear, the cause shall be struck off the list; 252 CAP . 9.] CRIMINAL CODE Non-appearance of complainant. (d) if for the first sitting the complainant does not appear and the defendant alone appears, the latter may demand his discharge; Court may appoint another day for hearing of cause. (e) nevertheless, upon an application by the complainant within four days from the day on which the cause was struck off the list or the defendant was discharged, accompanied by a declarat ion of the complainant himself sworn before the registrar, to the effect that he was, on account of illness or for any other reason independent of his will, to be expressly stated in the application, prevented from appearing, the court shall appoint another day for the h earing of the cause on the same acts; Notice of day of hearing to be given to parties and witnesses. (f) a written notice of the day appointed for the hearing of the cause shall be given to the parties and to the witnesses within the time prescribed in article 361 and in article 441(1); Lapse of action. (g) in the absence of an application as aforesaid, the right of action shall lapse; Non-appearance of defendant. (h) if the defendant does not appear, the second part of article 364 shall apply; Hearing of cause. (i) if both parties appear, the proceedings shall be conducted summarily and viva voce in the following order: (i) the complainant or his advocate or legal procurator shall state t he facts constituting the offence and shall pr oduce his evidence; (ii) the defendant or his ad vocate or legal procurator shall submit his defence and shall produce his evidence; (iii) the complainant o r his advocate or legal procurator may reply, and the defendant or his advocate or legal procurator is entitled to a rejoinder: Provided that it shall be lawful for the court, on good grounds, to vary the order of the proceedings; Confirmation of complaint on oath. (j) it shall be lawful for the court to require that the complaint be made or confirmed on oath. Proceedings by the Attorney General or the Executive Police ex officio. Amended by: VI.1871.30; III.1880.2; XI.1900.62. Substituted by: XXVIII.2021.6.