Criminal Procedure Code · English · 2015
Article 150
Decision and Sentence
When the final addresses have been concluded, the Court shall make a finding of guilty or not guilty on the charge or charges and a written copy of this decision shall be given to the parties.
#The decision concerning guilt or innocence shall contain a summary of the evidence, shall give reasons for accepting or rejecting evidence and shall contain the provisions of the law on which it is based and, in the case of a finding of guilt, the Article of the law under which the finding of guilt is made.
#Where the accused is found not guilty, the decision shall contain an order of acquittal and, where appropriate, an order that the accused be released forthwith from custody and be relieved of any release condition imposed pursuant to Article 70 on him and/or his guarantors during the trial.
#Where the accused is found not guilty by reason of mental impairment under Article 21 of the Penal Code, the Court shall adjourn the proceedings to consider an appropriate disposition under Article 99 of the Penal Code.
#Where the accused is found guilty, the Court shall adjourn the proceedings for consideration of sentence and upon the resumption of proceedings the Court shall ask the prosecutor whether he has anything to say as regards sentence by way of aggravation or mitigation and at this time the prosecutor may call witnesses to testify or submit any other evidence on any matter relevant to sentence. The Court may allow the prosecutor to request a specific sentence that the accused shall, in the prosecutor’s opinion, receive.
#Where the prosecutor has made his submissions on sentence, the accused or his counsel shall reply and may call witnesses or submit any evidence on any matter relevant to sentence.
#Where the accused does not admit his previous convictions or any other disputed fact, the prosecutor shall prove the convictions or the disputed facts beyond reasonable doubt.
#The Court may order the detention of the accused person or take any such action as the Court deems necessary to secure the attendance of the accused at the date of the delivery of the sentence.
#The Court shall record the evidences submitted under sub-Articles (5)-(6) and accordingly pass sentence. The Court shall record the Articles of the law under which the sentence has been passed and shall give analysis of the process by which it has set the sentence.
#Upon delivery of judgment in accordance with this Article the prosecutor and the accused shall be informed of their rights of appeal.
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