Article 109

The Court shall record any objection that may have been made under Article 108 (2) and shall ask the prosecutor whether he wishes to reply.

Whenever possible, the Court shall decide forthwith on the objection.

If an objection is made under Article 108 (2) (g) and the Court is satisfied that the accused is not mentally responsible for the conduct of his own defense, the Court shall order the proceedings adjourned indefinitely and shall instruct the prosecutor and counsel for the accused that the Court will hear any representations that the parties might wish to make concerning confinement of the accused under the provisions of the civil law.

If an objection is made under Article 108 (2) (h) and the Court is satisfied that the charge is not stated with sufficient particularity, the Court shall order the prosecutor to amend the charge by providing additional details and if the charge is so amended, the prosecutor shall be bound to prove the amended charge beyond reasonable doubt.

Where a decision cannot be made forthwith owing to lack of evidence, the Court shall order that the necessary evidence be submitted without delay and it may order an adjournment for this purpose.

The Court shall make its decision forthwith when the necessary evidence is produced.