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15. General principles of Criminal trial
 
  Article 81-Criminal Trial Procedure  
81.1 Order of proceeding in trial  
  The jury having been selected and impaneled, the defendant having been brought to court, a trial shall proceed in the following order:  
  1. The reading of the indictment to the jury  
  The judge shall be responsible for reading the indictment to the jury, excluding any fact sheets or further details of the indictment and only the offences, the primary facts of the offences and the key facts alleged that relate to the primary facts of the offence(s).  
  2. The opportunity of special pleas  
  If the defense wish to enter a late plea of guilty, then this is the last opportunity to do so, which automatically shall make the defendant eligible to the minimum penalties listed under penitence for the particular offences , not withstanding aggrevated circumstances.  
  A non-response, or reentering of not guilty shall continue the trial.  
  3. The presentation of the prosecution facts of case  
  Following the opportunity for special plea, the prosecutor shall them present the prosecution facts of case, at which time the prosecution is permitted to include all relevant facts pertaining to previous charges as well as current facts of the case where the defendant has an active criminal record.  
  4. The presentation of the defense primary criminal theme and facts  
  Following the prosecution facts of case, the defense shall present the primary criminal theme and facts upon which they will defend the case.  
  There are only three possible primary criminal defense themes of not guilty and only one may be permitted to be presented, namely (a) Innocence by fact(s) (b) Innocence by ommission/inconclusive fact(s) or (c) Innocence by procedural injustice .  
  5. Evidence and testimony of prosecution witnesses  
  Upon the completion of the presentation of the defense primary criminal theme and facts, the prosecution shall present their evidence and testimony of witnesses. During this process, the defense shall have the right to cross examine once each witness presented.  
  6. Evidence and testimony of defense witnesses  
  Upon the completion of the presentation of the prosecution evidence and testimony of witnessess, the defense shall present their evidence and testimony of witnesses. During this process, the prosecution shall have the right to cross examine once each witness presented.  
  7. Summary of case by defense  
  Upon completion of evidence and testimony of witnesses of the defense, the defense shall summarize their case before the jury.  
  8. Summary of case by prosecution  
  Upon completion of summary of case by defense, the prosecution shall summarize their case before the jury.  
  9. Instruction to the jury  
  Upon the completion of the summary of case by prosecution, the judge shall then instruct the jury to retire to the jury room to seek and find their verdict of the facts of the case.  
  10. Return of jury with verdict  
  Notwithstanding a no-verdict by the jury, which is covered by other articles of this code, the jury upon returning shall present their verdict and it shall be read by the foreman of the jury.  
  11. Dismissal of jury upon reading of verdict  
  Upon the reading of the verdict, the jury shall be immediately dismissed.  
  12. Release, bail or remand of defendant  
  Upon the reading of the verdict, the defendant shall either be released on a verdict of not-guilty, (if no other charges are pending and they are not currently serving a sentence), or shall be bailed to re-appear if the sentence is non custodial, or shall be remanded awaiting sentence if the offence for which they were found guilty carries a custodial penalty.  
     
 
 

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