{"schemaVersion":1,"recordType":"legal-article","id":"law:eri:code:criminal-procedure:2015:article:108","workId":"law:eri:code:criminal-procedure:2015","expressionId":"law:eri:code:criminal-procedure:2015:en","title":"Objections to the Charge","number":"108","language":"en","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/","hierarchy":{"book":"BOOK III — PROSECUTION AND TRIAL","title":"TITLE II — TRIAL","chapter":"Chapter 2. — Hearing"},"paragraphs":[{"id":"p1","number":"1","text":"If the accused objects to the form or content of the charge, or to the jurisdiction of the Court, the provisions of Article 95 and the following shall apply.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p1","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p1#article-108-p1"}]},{"id":"p2","number":"2","text":"The provisions of Article 109 shall apply where the accused states:","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2#article-108-p2"}]},{"id":"p2a","number":"a","text":"that the matter is pending before another Court;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2a","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2a#article-108-p2a"}]},{"id":"p2b","number":"b","text":"that he has previously been acquitted or convicted on the same charge;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2b","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2b#article-108-p2b"}]},{"id":"p2c","number":"c","text":"that the charge against him has been barred by limitation or the offence with which he has been charged has been made the subject of amnesty;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2c","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2c#article-108-p2c"}]},{"id":"p2d","number":"d","text":"that he will be prejudiced in his defense if he is not granted a separate trial, where he is tried with others;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2d","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2d#article-108-p2d"}]},{"id":"p2e","number":"e","text":"that no permission to prosecute as required by law has been obtained;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2e","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2e#article-108-p2e"}]},{"id":"p2f","number":"f","text":"that the decision in the case against him cannot be given until other and separate proceedings have been completed;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2f","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2f#article-108-p2f"}]},{"id":"p2g","number":"g","text":"that he is not mentally able to participate in the conduct of his own defense;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2g","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2g#article-108-p2g"}]},{"id":"p2h","number":"h","text":"that the charge is not stated with sufficient particularity to allow the accused to know clearly the factual and legal basis of the charge against him;","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2h","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":91,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/91/?article=108¶graph=p2h#article-108-p2h"}]},{"id":"p2i","number":"i","text":"that the Court lacks jurisdiction; or","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2i","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":92,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/92/?article=108¶graph=p2i#article-108-p2i"}]},{"id":"p2j","number":"j","text":"that any other objection must be resolved before the commencement of trial.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p2j","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":92,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/92/?article=108¶graph=p2j#article-108-p2j"}]},{"id":"p3","number":"3","text":"Where no objection is made under this Article immediately after the accused has been required by the Court to state his objections, the accused shall be allowed to make such objection after plea only if the Court is satisfied that it is in the interests of justice to do so.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p3","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":92,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/92/?article=108¶graph=p3#article-108-p3"}]},{"id":"p4","number":"4","text":"The Court may raise an objection under this Article of its own motion.","canonicalUrl":"https://eriatlas.com/law/criminal-procedure-code-2015/article/108/#p4","sourceTargets":[{"sourceId":"criminal-procedure-code-2015-en","pdfPage":92,"url":"https://eriatlas.com/sources/criminal-procedure-code-2015/page/92/?article=108¶graph=p4#article-108-p4"}]}],"caution":"English-language 2015 Ministry of Justice edition. Refworld catalogues the English text as an unofficial translation. Eri Atlas has not independently verified the translation or whether this text reflects later legal changes."}