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Structural division: BOOK II
Article 35 — Power of court to record statements and confessions.
Criminal Procedure Code (English)
Article text
(1) Any court may record any statement or confession made to it at any time before the oPening of a preliminary inquiry or trial.
(2) No court shalI record any such statement or confession unless, upon questioning the person makinz it. it ascertains that such person voluntarily makes such statement or confession. A note to this effectshalI be made ol'i the record.
(3) Such statement or confession shall be recorded in writing and in fuJlby the court and shall thereafter be read over to the person making the statement or Gonfession, who shalI sign and date it. The statement shalI then be signed by the presIdent orthe court.
(4) A copy of the record shalI then be sent to the court before which the case is to be inquired into or tried, and to the public prosecutor." 4rt.
36. - Diary of investigation'.
(I) Every police officer making a police investigation under this Chapter shall day by day enter his proceedings in the investigation in a diary setting forth:
(a) the day on which he started and closed his investigation; and
(b) all the steps taken in the course of the investigation; and
(c) the circumstances which the investigation disclosed; and
(d) all the means of evidence which may have been collected. 28 CRIMINAL PROCEDURE CODE
(2) He shall enter in the diary any order which he may have received from a court or the public prosecutor in the course of the investigation. 4.rt.
37. - Report of police investigation.
(I) Every police investigation under this Chapter shall be completed without unnecessary delay.
(2) As soon as the investigation is completed, the investigating police officer shall forward to the public prosecutor a report setting forth:
(a) the name of the parties; and
(b) the nature of the information and the names of all persons who appear to be acquainted with the cirumstances of the case; and
(c) all the means of evidence which have been collected.
(3) The report shall specify all the steps which may have been taken with a view to preservation or otherwise. AT-t.38. - Action by public prosecutor on receiving report. On receiving the report under Art. 37 the public prosecutor may:
(a) pro~cute the accused on a charge drawn up by him under Art. 109122; or
(b) order that a preliminary inquiry be held under Art. 8093; or
(c) order further investigations; or
(d) refuse to institute proceedings under Art. 42