Criminal Code (Cap. 9), article 449

449. (1) The following pleas, that is to say: (a) plea to the jurisdiction of the court; (b) plea of nullity of or defect in the indictment; (c) plea of extinguishment of action; (d) plea of " autrefois convict " or " autrefois acquit "; (e) plea of insanity of the accused at the time of the trial; (f) plea of insanity at the time of the offence or any plea relating to any other point of fact which excludes the imputability of the accused or in consequence of which the trial should not take place at the time, or at any future time; and (g) saving the provisions of article 446(1), any other prelimin ary plea, may only be raised if notice thereof has been given as provided in article 438(2): Provided that the court may authorise such pleas to be raised for a reason which arises after the time within which th e note referred to in article 438(2) is to be filed in the registry of the court. (2) Deleted by III.2002.107. (3) Nevertheless, the pleas menti oned in sub-article (1), with the exception of the plea of challenge of the judge or the plea of defect in the indictment, may be raised after the verdict of th e jury and before judgment, if the ne cessity arises from any fact or circumstance of fact expres sly found by the jury. (4) Any point of fact which, without excluding the imputability of the accused or without exclu ding his capacity to plead, is a bar to his undergoing punishment, may b e raised even after the verdict of the jury. CRIMINAL CODE [CAP. 9. 297 Want of jurisdiction and nullity of indictment may be raised by court ex officio. (5) The want of jurisdiction of the court and the nullity of the indictment may also be raised by the court ex officio , either before the accused answers to the charge , or after the verdict of the jury: Provided, however, that, after the verdict of the jury, the indictment may only be annulled in either of the following case s: (a) if the indictment does not contain, in substance, a statement or description of the offence as stated or described in the law; (b) if the fact stated in the indictment does not constitute, in substance, the offence stated or described in such indictment. (6) Where it is decided that the c ourt has no jurisdiction or th at the indictment is null, the accu sed shall be placed again in th e condition in which he stood previously to the filing of the indictment. But where the plea of extinguishment of action or t he plea of " autrefois convict " or " autrefois acquit " is allowed, the accused shall be acquitted. Question to accused on general issue.