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Judicial case referrals process
Article 202 of the new Code of Criminal Procedure stipulates that the investigating judge refers the misdemeanors for which evidence is deemed sufficient to the competent summary court, unless the crime is of the type committed through means of publication such as newspapers, in which case it is referred to the Court of Cassation. The law also specifies that the investigating judge chooses between referring a felony or misdemeanors published through means of publication to the Court of Cassation. The case papers must be sent within three days of the referral decision, with a mandatory notification to the parties to appear at the earliest session. The law requires that the judge issue written orders including the reasons for the decision, which must be announced to the parties or their heirs in case of their death, to ensure their right to access them. The procedures are precisely defined to ensure the proper course of justice.
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