Approved translation (English)
Approved on 2025-12-07 21:31
Code of Criminal Procedure
Published on: 2001-07-08
Paragraph General Provisions
Article 1
The Code of Criminal Procedure is concerned with organizing the criminal judiciary, defining its jurisdiction, the procedures to be followed in investigation and trial, and the means of appeal against the judgments and decisions issued by it. It is also concerned with organizing the investigation of criminal facts and the evidence thereof as a means to apply criminal laws.
Article 2
Ordinary criminal courts are divided into: A- A single judge who considers all misdemeanor and infraction cases except those excluded by a special provision. The public prosecution does not appear before him. B- A Court of Appeal, each chamber of which consists of a president and two advisors. The public prosecution is represented by an appellate public prosecutor or one of the public attorneys at the Court of Appeal or the financial public prosecutor or one of the public attorneys at the financial public prosecution. C- A Court of Cassation, each chamber of which consists of a president and two advisors. The public prosecution is represented by the cassation public prosecutor or one of the public attorneys at the Court of Cassation.
Article 3
The investigation department in each governorate consists of a chief investigating judge and one or more investigating judges as determined by the Judicial Judiciary Law. A chamber of the civil courts of appeal undertakes the functions of the indictment body in each governorate.
Article 4
The Judicial Judiciary Law specifies the manner in which judicial judges are appointed, the number of chambers of the Court of Cassation in the capital, the number of chambers of the Court of Appeal, and the number of single judges, investigating judges, and public attorneys in both the capital and the governorates and districts.
Paragraph Public Lawsuit and Civil Lawsuit
Article 5
The public right lawsuit, aimed at prosecuting perpetrators of crimes and their accomplices and applying penalties and measures against them, is entrusted to the public prosecutors concerned in this law. As for the personal right lawsuit for compensation for damage resulting from crimes, it is a right for every injured party. Every person against whom a public right lawsuit is filed is called a defendant, and is called a suspect if suspected of a misdemeanor and an accused if charged with a felony.
Article 6
The public prosecution undertakes the tasks of exercising the public right lawsuit. It is not permissible to waive it or settle it. A personal right lawsuit may be filed in conjunction with the public right lawsuit before the judicial authority where this lawsuit is filed, and it may also be filed separately before the civil authority.
Article 7
The victim of the crime may take the status of personal plaintiff before the first investigating judge in felonies and misdemeanors or before the single judge in misdemeanors and violations. He may join the public lawsuit before the criminal court. The victim, by his claim, initiates the public right lawsuit if the public prosecution has not initiated it. He may withdraw his personal claim or settle it without affecting the public lawsuit except in cases where the public lawsuit is dropped following the dropping of the personal right lawsuit.
Article 8
If the victim files his lawsuit before the competent civil court, he may not withdraw it and file it before the criminal court unless the public prosecution has initiated the public lawsuit at a date later than his claim before the civil court, provided that the civil lawsuit has not been decided by a final judgment. The civil authority must suspend consideration of the civil lawsuit until the public right lawsuit is decided by a final judgment. The urgent matters court remains competent to take urgent measures even if the personal right lawsuit is filed before the criminal court.
Article 9
The public lawsuit is filed before the criminal authority within whose jurisdiction the crime occurred or to which the place of residence of the defendant or the place of his arrest belongs.
Article 10
- Amended The public right lawsuit is dropped for one of the following reasons: A- By the death of the defendant. B- By general amnesty. C- By the passage of time: ten years for felonies, three years for misdemeanors, and one year for violations. D- By the dropping of the personal right lawsuit in the cases stipulated by law. - The statute of limitations begins in instantaneous crimes from the date of their occurrence. In continuous, ongoing, or successive crimes, it begins only from the end of the criminal state. - Every act of prosecution, investigation, or trial interrupts the statute of limitations on the public lawsuit. - The reasons that interrupt the statute of limitations on the public lawsuit also interrupt it on the personal right lawsuit. However, the reasons that interrupt it on the personal right lawsuit do not lead to its interruption on the public lawsuit. - The statute of limitations ceases to run if, due to force majeure, it is impossible to carry out any act of prosecution, investigation, or trial, and it resumes as soon as it is removed. - The provisions of the statute of limitations mentioned above do not prevent the observance of special provisions for certain misdemeanors and violations. - The criminal court handling the lawsuit continues to consider the personal right lawsuit if the public lawsuit is dropped for one of the first mentioned reasons, and it must order the confiscation of seized items if they are legally prohibited. - The statute of limitations on the personal right lawsuit is subject to civil law. The provisions of the Penal Code apply to the statute of limitations on imposed penalties. "The statute of limitations on the crimes stipulated in Article 401 does not begin until the victim is released from prison, detention, or temporary arrest if not followed by imprisonment. In evidence "All statements made as a result of any act stipulated in Article 401 are nullified in any proceedings, except if it is against a person accused of committing torture as evidence of making these statements."
Section First Public Prosecution
Article 11
The functions of the Public Prosecution at the Court of Cassation are carried out by an Attorney General assisted by public attorneys. The functions of the Financial Public Prosecution at the Public Prosecution of Cassation are carried out by an Attorney General assisted by public attorneys. The functions of the Public Prosecution at the Court of Appeal are carried out by an Attorney General assisted by one or more public attorneys. The functions of the Public Prosecution at the Military Court are carried out by a Government Commissioner subject to the authority of the Attorney General of Cassation, assisted by one or more public attorneys.
Article 11-مكرر
A - Among the public attorneys mentioned in the third paragraph of Article 11, there shall be one or more dedicated environmental public attorneys appointed by the Attorney General of Appeal to prosecute environmental crimes according to the procedures specified in the applicable laws. B - The environmental public attorney prosecutes the environmental crime and identifies the names of the defendants. He may prosecute an unknown party before the investigating judge, thereby initiating the public prosecution, or directly prosecute before the competent courts. C - Environmental crimes are considered to be crimes resulting from: 1 - Violating laws and regulations related to the protection of forest wealth, forests, natural reserves, biodiversity, and the protection of air, water, and soil from pollution, as well as those related to combating damage caused by noise and sound. 2 - Violating laws and regulations related to quarries, sandpits, and crushers. 3 - Violating environmental laws and regulations that specify environmental conditions for classified institutions of various kinds. 4 - Violating environmental laws and regulations that protect public and private properties of the state and municipalities, territorial waters, and environmental encroachments on marine and river properties and groundwater. 5 - Violating laws related to waste disposal of all kinds, especially medical waste from hospitals and chemical and nuclear waste. 6 - Violating the provisions of Law No. 444 dated 29/7/2002 and all other legal provisions related to environmental protection wherever they exist. 7 - Violating laws and regulations that protect antiquities and cultural and natural heritage. D - The environmental public attorney may seek the assistance of specialists in environmental affairs and in matters of antiquities and cultural heritage to perform the technical and artistic tasks assigned to them, after they take the legal oath if they are not sworn experts. E - The heads of clerks in the competent courts must inform the Ministry of Environment of every final environmental criminal judgment issued against a natural or legal person for it to be recorded in the special register referred to in clause (b) of Article (5) of this law, within three months from the date it becomes final. F - Judgments and decisions issued in environmental cases, including the decision to dismiss the case, shall be published in two local newspapers.
Article 12
Each Attorney General heads his district and distributes the work within his jurisdiction to the public attorneys who assist him.
Title First Duties of the Attorney General at the Court of Cassation
Article 13
- Amended The Public Prosecution at the Court of Cassation is headed by an Attorney General appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice. He is assisted by public attorneys. The authority of the Attorney General at the Court of Cassation includes all public prosecution judges, including the Government Commissioner at the Military Court. He may issue written or verbal instructions to each of them in conducting public right cases. However, they retain the freedom to speak during trial sessions. He refers to each of them, according to their jurisdiction, the reports and records he receives regarding a crime and requests them to initiate a public right case. Subject to the provisions of Article 79 of the Law on the Regulation of the Legal Profession and in all cases where criminal prosecution requires a license or approval from any non-judicial authority, and in case of disagreement between this authority and the Appellate Public Prosecution or the Financial Public Prosecution or the Government Commissioner at the Military Court, the Attorney General at the Court of Cassation, contrary to any general or specific text, has the final decision in this matter.
Article 14
- Amended The Minister of Justice may request the Attorney General at the Court of Cassation to conduct prosecutions regarding crimes that come to his knowledge. The latter has the right, when necessary, to conduct the investigation directly or through his assistants from the public prosecution judges attached to him or the judicial police officers under his authority, without having the right to prosecute.
Article 15
The Attorney General at the Court of Cassation may supervise the judicial police officers in the scope of their work as assistants to the public prosecution. He may direct to their superiors any observations he deems necessary regarding their aforementioned work, and request the Appellate Public Prosecutor or the Financial Public Prosecutor or the Government Commissioner at the Military Court to prosecute anyone who commits a criminal offense among them during or in the course of their duties without requesting permission to prosecute. The judicial judiciary shall have jurisdiction over this crime despite any contrary text.
Article 16
Each of the Appellate Public Prosecutor, the Financial Public Prosecutor, the Government Commissioner at the Military Court, the Director General of Internal Security Forces, the Director General of General Security, and the Director General of State Security must inform the Attorney General at the Court of Cassation of serious crimes they become aware of and comply with his directives regarding them. He may review the investigation file conducted by one of the investigating judges and request the competent public prosecutor to provide an opinion that aligns with his written directives. He may issue a warning to one of the public prosecution judges due to what he attributes to him as negligence in his work or propose to the Judicial Inspection Authority to refer him to the disciplinary council.
Article 17
The Attorney General at the Court of Cassation undertakes the following tasks: A - Requesting the annulment of criminal judgments and decisions according to the procedures specified in this law. B - Requesting the designation of the reference and requesting the transfer of the case from one court to another. C - Prosecuting crimes referred to the Judicial Council. D - Prosecuting crimes committed by judges, whether arising from the function or outside it. E - Representing the public prosecution at the Court of Cassation and the Judicial Council. F - Preparing extradition files for criminals and referring them to the Minister of Justice accompanied by his reports. G - Preparing a detailed report to be attached to the file of the person sentenced to death when referred to the Special Pardon Committee. H - All other tasks and powers mentioned in this law and elsewhere.
Title Second Duties of the Financial Public Prosecution
Article 18
The appointment of the Financial Public Prosecutor is made by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice. The Financial Public Prosecutor, within the limits of the tasks specified for him in this law, enjoys the powers of the Public Prosecutor at the Court of Cassation.
Article 19
The Financial Public Prosecutor undertakes the prosecution of the following crimes: A - Crimes arising from the violation of the provisions of tax and fee laws in various public facilities and institutions and municipalities, including state and municipal taxes, customs duties, and telecommunication fees. B - Crimes arising from the violation of banking laws, financial institutions, and stock exchange laws, especially those stipulated in the Code of Money and Credit. C - Crimes arising from the violation of joint-stock company laws and crimes of multinational companies. D - Crimes that undermine the financial standing of the state or Lebanese or foreign banknotes legally or customarily circulated in Lebanon, and crimes of counterfeiting, forging, and promoting currency, public bonds, stamps, and stamped papers. E - Crimes of embezzlement of public funds. F - Bankruptcy crimes.
Article 20
Prosecution in banking crimes resulting from the violation of the Code of Money and Credit shall not proceed except upon a written request from the Governor of the Central Bank of Lebanon. Prosecution in violations related to customs duties shall not proceed except upon a written request from the Director General of Customs. In cases where the competent administration has the right to reconcile with the defendant, the public right lawsuit is dropped if reconciliation occurs before the judgment is issued. The execution of the penalty is suspended if reconciliation occurs after it, unless a legal provision states otherwise.
Article 21
The Financial Public Prosecutor exercises his powers stipulated in this law under the supervision of the Public Prosecutor at the Court of Cassation, within the principles and rules applied by the Appellate Public Prosecutor as specified in this law and in financial laws. These powers cover all Lebanese territories. In this regard, he may request, through the Public Prosecutor at the Court of Cassation, the Appellate Public Prosecutor in all governorates to initiate a public right lawsuit before investigating judges or to directly prosecute before the competent courts.
Article 22
The Financial Public Prosecutor may seek the assistance of specialists in banking, tax, and financial matters, after they take the legal expertise oath, to carry out the technical and professional tasks assigned to them unless they are sworn experts. The Public Prosecutor at the Court of Cassation may request, either automatically or based on the request of the Financial Public Prosecutor, through the Minister of Justice to the Presidency of the Council of Ministers, to assign the Central Inspection Board to conduct any investigation in financial cases entrusted to him for consideration.
Article 23
The Financial Public Prosecution maintains a special criminal record related to all companies concerned with Decree No. 3094 dated 25/01/1993. All criminal judgments issued against them are recorded in it. The heads of clerks at the competent courts must inform the Financial Public Prosecution of every criminal judgment issued or to be issued against the company for the purpose of recording it in the special criminal record for companies, within three months from the date of its issuance.
Title Third Duties of the Appellate Public Prosecution and its Procedures in the Case of a Flagrant Crime
Chapter First Duties of the Appellate Public Prosecution
Article 24
The appellate public prosecution is tasked with: A - Investigating crimes that are misdemeanors or felonies and prosecuting those involved in committing them. It may directly request the assistance of security forces when performing its duties. Upon learning of a serious crime, it must immediately inform the Attorney General at the Court of Cassation and execute his instructions. B - Initiating and pursuing public right lawsuits. C - Representing the public prosecution at the courts of appeal and criminal courts and executing the judgments issued by them. D - Issuing a search and investigation notice if the person complained about or suspected is not found or their residence is unknown, including their full identity and the crime attributed to them. - Upon executing the search and investigation notice, the public prosecution that issued it must be contacted immediately. - The search and investigation notice is automatically nullified after ten days from its issuance unless the Attorney General decides to extend it for a period of thirty days, after which it is automatically nullified. E - Dropping criminal judgments or preventing or suspending their execution according to the provisions of Article 147 of the Penal Code. F - Other tasks assigned to it in this law and other laws. The public prosecutor at the Court of Appeal may perform the duties of the appellate public prosecutor as specified in this law.
Article 24-مكرر
Special Procedures for Investigation and Inquiry 1 - Upon receiving a complaint or report regarding the crimes stipulated in Article 401, the public prosecution must, within 48 hours, decide either to dismiss the complaint or to prosecute before the investigating judge without conducting any preliminary investigation or inquiry in this regard except by itself, except for necessary decisions to preserve and seize evidence and appoint a forensic doctor to examine the alleged torture victim if the complaint or report attachments do not include a medical report of this kind. 2 - The investigating judge handling the case must personally undertake all investigation procedures regarding the acts stipulated in Article 401 of the Penal Code, without delegating the judicial police or any other security apparatus to perform any procedure except for technical tasks. 3 - Any of the public prosecution, investigating judiciary, or courts may, urgently, take measures and decisions aimed at ensuring the protection of the complainant and witnesses from all kinds of mistreatment or intimidation resulting from the complaints and reports they receive, and treat torture victims during their hearing and trial in a manner that preserves evidence and takes into account their psychological state resulting from their exposure to torture.
Article 25
The public prosecution is informed of crimes by one or more of the following means: A - Investigations it conducts itself. B - Reports it receives from the official authority or from an employee who learned of a crime during the performance of his duties or in the course or occasion of performing them. It has the right to conduct investigations in public administrations and institutions without the right to prosecute. C - Preliminary investigations conducted by the judicial police when tasked with investigating crimes and the reports they prepare upon learning of them. D - Complaints and reports it receives directly or through the public prosecution at the Court of Cassation or its assistants. E - Any legitimate means that allows it to obtain information about the crime.
Article 26
The appellate public prosecution prosecutes the crime and identifies the names of the defendants. It may prosecute an unknown person before the investigating judge, thereby initiating a public lawsuit with its prosecution.
Article 27
A complaint is one that is issued by an affected person or their agent, while a report is sourced from an informant who learned about the crime or heard about it. A report is not accepted unless it is submitted in writing and signed by its author or their agent. The complaint or report must clearly and fully state the name of the complainant or informant and their place of residence.
Article 28
Any person who witnesses an assault on public security or on a person's safety, life, or property must report it to the appellate public prosecutor or one of his assistants in the area where the crime occurred, where the perpetrator was arrested, or where the perpetrator resides. If they refrain without a legitimate excuse from reporting, they will be prosecuted before the single criminal judge in the area where the crime occurred and punished with a fine ranging from a minimum of two hundred thousand Lebanese pounds to a maximum of one million Lebanese pounds.
Chapter Two Procedures of the Public Prosecution in the Flagrant Crime
Article 29
A crime is considered to be in flagrante delicto: A - A crime that is witnessed at the time of its occurrence. B - A crime where the perpetrator is caught during or immediately after its commission. C - A crime where the suspect is pursued based on people's outcry. D - A crime that is discovered immediately after its commission, with clear evidence indicating it. E - A crime where a person is found with items, weapons, or documents indicating they committed it, within twenty-four hours of its occurrence.
Article 30
A crime that occurs inside a house is considered in flagrante delicto if the owner or one of the occupants requests the public prosecutor to investigate it within twenty-four hours of its discovery, whether it is a felony or misdemeanor.
Article 31
If a felony in flagrante delicto occurs, the public prosecutor or the public attorney must immediately proceed to the crime scene upon being informed, notifying the first investigating judge or the duty investigating judge of their departure without being obliged to wait for them to begin: A - Drafting a report documenting the observed evidence and describing the crime scene and any indications of the circumstances under which it occurred. B - Seizing the weapons and other criminal materials used in its commission and all items that help uncover the truth, and interrogating the suspect about the seized items after presenting them to him. C - Listening to individuals who witnessed the crime or have information about it after administering the legal witness oath. Every statement is recorded in a report signed by the public prosecutor or public attorney, the clerk, and the witness. If the latter refuses to sign, this is noted in the report.
Article 32-معدلة
The public prosecutor or public attorney may prevent anyone found at the crime scene from leaving. Anyone who violates the prohibition is prosecuted before the single judge of the jurisdiction where the crime occurred and is fined between two hundred thousand and two million Lebanese pounds. If a person among the attendees is strongly suspected, the public prosecutor or public attorney orders their arrest, interrogates them, and keeps them detained for investigation for no more than forty-eight hours, unless an additional period is deemed necessary for the investigation, in which case their detention is extended for a similar period. The suspect enjoys the rights stipulated in Article 47 of this law, and the public prosecutor or public attorney must inform them of all these rights and record their stance on benefiting from them or not in the report and obtain their signature on it, under penalty of nullity of the interrogation and subsequent procedures. If the suspect manages to evade or is not present at the start of the investigation, the public prosecutor or public attorney issues a warrant for their appearance. When they appear, they are immediately interrogated after being informed of their rights under Article 47, and their stance on benefiting from them is recorded in the report or not, and their signature is obtained on it, under penalty of nullity of the interrogation and subsequent procedures. A report is not a sufficient reason to issue a warrant for someone with a known residence. Procedures related to the felony in flagrante delicto cease after eight days from their initiation.
Article 33
The public prosecutor may enter the suspect's home to search for materials deemed helpful in illuminating the investigation. They may seize what they find and draft a report detailing and describing the seized items accurately and decide on the preservation of the seized materials according to their nature, conducting the search in the presence of the suspect or the accused. If the suspect is not present, refuses to attend, or is evading, the search is conducted in the presence of their agent or two adult family members or two witnesses chosen by the public prosecutor. After completing the search and seizure, the public prosecutor presents the seized items to the suspect, the accused, their agent, or the aforementioned individuals and requests each to sign the report documenting them. If they refuse, this is noted in the report. If the public prosecutor finds prohibited items during the search, they are seized even if they are not related to the crime or used in it, and a separate report is drafted. The public prosecutor may assign a judicial officer to conduct the search in the suspect's or accused's home under their supervision and monitoring, following the procedures the public prosecutor themselves would follow. Entering homes for search or suspect pursuit is only allowed between five in the morning and eight at night unless the homeowner explicitly consents outside this period. However, the public prosecutor or the assigned judicial officer may conduct the search and suspect pursuit at any time in public places or homes that have acquired this character through practice.
Article 34
If the nature of the crime or its effects require the assistance of one or more experts to clarify certain technical or artistic issues, the public prosecutor appoints the specialized expert and precisely defines their task. If the victim's condition requires medical examination or autopsy, the public prosecutor summons the forensic doctor or the specialized doctor and assigns them the task to be executed accurately and clearly. The expert or doctor does not commence their task until they take an oath to perform it according to conscience and honor. They are not entitled to exceed the defined task. After completing it, they draft a report mentioning the authority that appointed them, the defined task, the procedures they undertook, and the conclusion they reached.
Article 35
The public prosecutor undertakes any other investigative procedures deemed necessary to gather useful information about the felony, provide evidence, and identify the perpetrators or accomplices. The procedures must be lawful and free from defects of moral or physical coercion. They must document in the reports all procedures undertaken, specifying the start and end times of each procedure and any means used in its execution. Each report is then signed by the public prosecutor and the clerk who assisted them.
Article 36
The public prosecutor must cease their investigations into the crime in flagrante delicto upon the arrival of the investigating judge and hand over the reports they drafted and the materials they seized, except those unrelated to the crime and seized due to their prohibited nature. They must file a complaint before the judge regarding the crime committed against anyone for whom evidence or suspicions of involvement in its commission exist. If the period for the crime in flagrante delicto expires without the arrival of the investigating judge, the public prosecutor must conclude their investigations and refer the documents to the investigating judge along with their complaint.
Article 37
The single judge, upon the occurrence of a crime in flagrante delicto within their jurisdiction, must proceed to the location to conduct the investigation if the public prosecutor or investigating judge has not arrived and follow the procedures prescribed for the public prosecutor in this regard. They must cease their investigations upon the arrival of either. When they complete their investigations, they refer them to the public prosecutor.
Section Second Judicial Police
Title First Judicial Police Personnel
Article 38
- Amended The functions of judicial police are performed under the supervision of the Attorney General at the Court of Cassation by the public prosecutors and assistant public prosecutors. The following assist the public prosecution and work under its supervision in performing the functions of judicial police, each within the limits of their jurisdiction as stipulated in this law and in their specific laws: 1- Governors and district commissioners. 2 - The Director General of Internal Security Forces, officers of the Internal Security Forces, judicial police, non-commissioned officers working in regional sectors, and heads of Internal Security Forces stations. 3 - The Director General of General Security, officers of General Security, non-commissioned officers in General Security investigations, the Director General of State Security, the Deputy Director General, officers of State Security, and non-commissioned officers in State Security investigations. 4 - Village chiefs. 5 - Captains of maritime vessels and captains of aircraft and aerial vehicles. 6 - Officers of the Fire Brigade and heads of Civil Defense centers concerning crimes against the environment. 7 - Forest rangers, village guards, and guards of archaeological sites appointed according to regulations concerning crimes against the environment.
Article 39
Village guards, monitoring employees in the Ministry of Health, forest rangers, consumer protection inspectors, and specialized employees in customs control, the Tobacco and Tobacco Monopoly Administration, ports and airports, and the Ministry of Tourism, as well as night guards, are authorized to record violations, each within their jurisdiction and according to the regulations they are tasked with enforcing. They must document these violations in properly organized reports and submit them to the competent single judge.
Title Second On the Procedures of Judicial Police in Flagrant and Non-Flagrant Crimes
Article 40
The judicial police in the case of a flagrante delicto crime shall undertake the procedures that the public prosecutor would undertake when it is impossible for him to carry them out himself. The judicial officer must adhere to the procedures specified by law for the public prosecutor when he is investigating a flagrante delicto crime. Additionally, the judicial police, outside of flagrante delicto crimes, shall be tasked by the public prosecution with investigating crimes, whether felonies or misdemeanors, that are the subject of complaints and reports referred to them by the public prosecution.
Chapter First Procedures of Judicial Police in Flagrant Offense
Article 41-معدلة
If a flagrant crime occurs, the judicial officer immediately moves to the scene and informs the competent public prosecutor. The judicial officer, under the supervision of the public prosecution, performs the following procedures: 1 - Preserves the traces, landmarks, and evidence that are perishable and everything that helps to reveal the truth, including electronic evidence, while observing the provisions of Law No. 81/2019 regarding personal data. Seizes the weapons and materials used in the crime or resulting from it. 2 - Listens to witnesses without administering an oath. Conducts investigations and arrests those with strong suspicions of committing the crime or contributing to it, searches their home, and seizes any criminal materials or prohibited items found. Seeks expertise when necessary. 3 - May interrogate the suspect provided that they give their statements with conscious free will and without any form of coercion against them. If they remain silent, they cannot be forced to speak. The interrogated person enjoys the rights stipulated in Article 47 of this law, and the judicial officer conducting the investigation under the supervision of the public prosecution must inform them of all these rights and record their position regarding benefiting from them or not, and obtain their signature on it, under penalty of nullity of the interrogation and subsequent procedures. The judicial officer investigating the flagrant crime must adhere to the instructions of the competent public prosecutor and keep them informed of the proceedings. If the competent public prosecutor assigns the judicial officer certain tasks within their jurisdiction, they must comply with the content of the assignment.
Article 42-معدلة
If the flagrant crime is a felony, and the necessities of the investigation require keeping the suspect detained for a longer period, the extension of the period up to a maximum of four days is done by a written and reasoned decision from the appellate public prosecutor, issued after reviewing the file and verifying the reasons for the extension. The suspect or their agent or any family member has the right to request during the additional period the appointment of a doctor to examine them. The public prosecutor must appoint the specialist doctor immediately upon receiving the request, and the doctor must conduct the examination without the presence of the judicial officer and submit their report to the public prosecutor within no more than twenty-four hours. In any case, the detention period is deducted from the sentence that may be imposed. The judicial officer is committed to complete confidentiality in all procedures they undertake. If it is proven that they disclosed the contents of documents or messages or any secrets that the suspect is keen to keep confidential, they are prosecuted before the single criminal judge within whose jurisdiction the complained act occurred and punished with imprisonment from one month to one year and a fine from two hundred thousand to two million Lebanese pounds or one of these penalties.
Article 43
If the judicial officer sees that there are papers or items useful for the investigation with a person against whom strong suspicions have not been established, the public prosecutor or the investigating judge, not the judicial officer, may search this person's home unless the latter agrees without coercion for the judicial officer to conduct the search. Any search conducted by the judicial police in a home, contrary to the procedures specified by law for the public prosecutor in a flagrant felony, is void. The judicial officer who enters the home contrary to these procedures and conducts a search is subject to prosecution for the misdemeanor stipulated in Article 375 of the Penal Code. However, the nullity in this regard is limited to the invalid procedure and does not extend to other investigation procedures.
Article 44
If the public prosecutor or the investigating judge is present, the judicial officer must stop continuing their procedures unless one of them assigns them in writing to continue. The assignment may include interrogating the suspect. The judicial officer is not entitled, after the end of the flagrant crime situation, to conduct any additional investigation but must refer the reports they have prepared to the public prosecutor immediately after the end of this situation along with the materials seized during the search.
Article 45
Any person, in the case of a flagrant crime, whether a felony or a misdemeanor punishable by imprisonment, has the right to arrest the perpetrator caught in the act and bring them to the nearest judicial police station.
Article 46
If the flagrant crime is a misdemeanor punishable by at least one year of imprisonment, the judicial officer may arrest the suspect and investigate the misdemeanor under the supervision of the public prosecutor. The public prosecutor may decide to detain the accused of the misdemeanor and refer them directly to the single judge for trial according to the procedures stipulated in this law.
Chapter Second Procedures of Judicial Police Outside of In-Flagrante Delicto Crimes
Article 47-Amended
Judicial officers, as assistants to the public prosecutor, are tasked with the duties assigned to them by the public prosecutor to investigate non-flagrant crimes, gather information about them, conduct investigations aimed at uncovering the perpetrators and accomplices, and collect evidence against them. This includes seizing criminal materials, conducting physical inspections of crime scenes, and performing scientific and technical studies on the traces and marks left behind, as well as hearing witness statements without swearing them in, and the statements of the accused or suspects. If the suspects or accused refuse to speak or remain silent, this is noted in the report, and they cannot be coerced into speaking or interrogated under penalty of nullifying their statements. The suspect or accused enjoys the following rights before being heard in both flagrant and non-flagrant crimes, whether the investigation is conducted by the public prosecutor or the judicial police, and immediately upon being detained for investigation purposes: 1 - To contact a lawyer of their choice and a family member, employer, or acquaintance. 2 - To have a lawyer present during their interrogation or when their statements are being heard and to meet with them. The investigator must inform the suspect or accused of these two rights before starting the interrogation or hearing and must record their stance on whether they wish to exercise these rights in the report and obtain their signature. The lawyer is appointed by a declaration recorded in the report without the need for a formal power of attorney, provided that a formal power of attorney is presented at the first investigation or trial session. - The meeting between the suspect or accused and the lawyer must ensure the confidentiality of their conversation and should last no more than thirty minutes. The date and time of the start and end of the meeting are recorded in the report, and it is signed by both the lawyer and the suspect or accused. If a delay is requested to appoint a lawyer, a period of twenty-four hours is granted for this purpose. They must inform the public prosecutor of the procedures they undertake and adhere to their instructions, and they are not allowed to search a home or person without prior authorization from the public prosecutor. If authorized to search, they must follow the procedures specified by law for the public prosecutor in flagrant crimes. Any search conducted contrary to these procedures is null and void, but the nullity is limited to the search procedure and does not extend to other independent procedures. They are prohibited from detaining the suspect in their custody without a decision from the public prosecutor and for a period not exceeding forty-eight hours. This period can only be extended for a similar duration with the approval of the public prosecutor. The period of detention is counted towards the duration of their arrest. After the detention period ends, the public prosecutor may not take any action of any kind against the detained person, and the judicial police must transfer the detainee from the detention center where they were interrogated to another center not affiliated with the same unit, and this must be recorded in the report before it is concluded under penalty of nullity. The suspect or accused enjoys the following rights before being heard in both flagrant and non-flagrant crimes, whether the investigation is conducted by the public prosecutor or the judicial police, and immediately upon being detained for investigation purposes: 1 - To contact a lawyer of their choice and a family member, employer, or acquaintance. 2 - To have a lawyer present during their interrogation or when their statements are being heard and to meet with them. The investigator must inform the suspect or accused of these two rights before starting the interrogation or hearing and must record their stance on whether they wish to exercise these rights in the report and obtain their signature. The lawyer is appointed by a declaration recorded in the report without the need for a formal power of attorney, provided that a formal power of attorney is presented at the first investigation or trial session. - The meeting between the suspect or accused and the lawyer must ensure the confidentiality of their conversation and should last no more than thirty minutes. The date and time of the start and end of the meeting are recorded in the report, and it is signed by both the lawyer and the suspect or accused. If a delay is requested to appoint a lawyer, a period of twenty-four hours is granted for this purpose. If the lawyer is not present, the suspect or accused is granted a two-hour period for their presence. - The investigation cannot commence in the absence of the lawyer except in the case of a flagrant crime and when there is an extreme necessity justifying the inability to wait, which must be detailed in the report. If the lawyer does not arrive after the period has elapsed, the interrogation begins immediately. If the lawyer arrives late, they join the investigation from the point reached after being informed of the content of their client's statements. In all cases, they have the right, upon completion of hearing their client's statements, to ask the latter questions they deem appropriate and exclusively related to the subject of the investigation. - If the suspect or accused is unable to appoint a lawyer for financial reasons, the supervising judge appoints a lawyer for them through a delegate specifically appointed for this purpose by both the Beirut and Tripoli Bar Associations. The procedures for appointing a lawyer must be recorded in the report. 3 - Promptness in hearing their statements without delay. 4 - Not being sworn in before their statements are heard. 5 - Being informed of the capacity under which they are being interrogated, the suspicions against them, and the supporting evidence so they can understand and defend themselves. The investigator is not required to provide the legal description of the facts. 6 - To have a sworn translator if they do not understand Arabic, and for any foreigner from a country where Arabic is not the official language, a translator must be appointed as soon as possible. A non-sworn translator can be used provided they do not commence their duties until they swear to perform their work honestly and faithfully. 7 - To submit a direct request, or through their lawyer or a family member, to the public prosecutor to be examined by a forensic doctor specializing in physical or mental health at the expense of the public treasury. The public prosecutor appoints a doctor immediately upon receiving the request. The doctor must conduct the physical or mental examination without the presence of any judicial officers and submit their report to the public prosecutor within twenty-four hours. The public prosecutor provides the applicant with a copy of this report upon receipt, and the detainee and any of the aforementioned individuals have the right to request a medical examination whenever they deem it necessary. The public prosecutor cannot refuse to respond to a request for a medical examination unless there is an abuse of the right by the suspect or accused, and the refusal decision must be sufficiently justified. The judicial police must inform the suspect, before hearing their statements and immediately upon detention, in both flagrant and non-flagrant crimes, of the aforementioned rights and record this procedure in the report, under penalty of its nullity and the nullity of subsequent procedures. In all cases, the procedures for interrogation or hearing the statements of the accused must be audio-visually recorded from the moment their rights mentioned in this article are read to them, and the recordings must be attached to the preliminary investigation report under penalty of nullity of the report and subsequent procedures. Subject to the principle of confidentiality of the investigation, the right to access the content of the recording is reserved for the supervising judge, the interrogated person and their lawyer, and the plaintiff and their lawyer only. In addition to disciplinary punishment, the investigator, whether from the public prosecutor's office or the judicial police, faces imprisonment for a period ranging from three months to a year and a fine ranging from two million Lebanese pounds to ten million Lebanese pounds if they fail to observe any of the fundamental guarantees mentioned in this article, without any prior authorization from any authority.
Article 48
If the judicial officer violates the procedures related to the detention of the defendant or the suspect, they are subject to prosecution for the crime of unlawful detention as stipulated and punished under Article 367 of the Penal Code, in addition to disciplinary punishment, whether the crime is flagrant or not.
Article 49-Amended
The public prosecutor may conduct the preliminary investigation personally. The interrogated person enjoys the rights stipulated in Article 47 of this law, and the public prosecutor or the assistant prosecutor must inform them of all these rights and record their position regarding benefiting from them or not, and obtain their signature on it, under penalty of nullity of the interrogation and subsequent procedures. Except for the interrogation of the suspect or the accused, if the prosecutor does not conduct the investigation personally, they review the preliminary investigations conducted by the judicial officer. If they find that the crime is of a felony type or a misdemeanor that requires further investigation, they file it before the investigating judge. If the investigation into the misdemeanor is sufficient, they file it before the competent single judge.
Article 50
The public prosecutor may decide to dismiss the preliminary investigation papers if it appears to them that the act does not constitute a crime, or that the evidence of the crime is insufficient, or that the public lawsuit has lapsed for one of the reasons stipulated in Article 10 of this law. The public prosecutor who has filed a case is not entitled to conduct the investigation or adjudicate it.
Section Third Investigating Judges and Their Functions
Title First Organization of Investigation Departments
Article 51-Amended
In the center and jurisdiction of each Court of Appeal, there is an Investigation Chamber composed of a Chief Investigating Judge and Investigating Judges. The Investigation Chamber is headed by the Chief Investigating Judge. The request document in which the Public Prosecution claims crimes is referred to the Chief Investigating Judge. Direct lawsuits submitted by victims of crimes, accompanied by their personal claims, are also presented to him. The Chief Investigating Judge personally conducts investigations in important cases and distributes other cases to the Investigating Judges in his chamber. He supervises the proper functioning of work in his chamber. The Chief Investigating Judge assigns one or more Investigating Judges to environmental crime cases, in addition to the tasks entrusted to him.
Article 52
The Investigating Judge to whom the case is referred may not refuse to investigate it. However, he has the right to propose his recusal from considering it. Each party to the dispute has the right to request his disqualification. The rules provided in this regard in the Code of Civil Procedure apply to both the request for recusal and disqualification. If an impediment prevents the Investigating Judge from performing his duties, the Chief Judge of the Court of Appeal appoints a judge to carry them out. The Investigating Judge who conducts the investigation in a case may not adjudicate it or participate in its judgment.
Article 53
The investigation remains confidential unless the case is referred to the trial court, except for matters related to the indictment decision. Anyone who discloses the confidentiality of the investigation is subject to prosecution before the single judge within whose jurisdiction the complained act occurred and is punished with imprisonment from one month to one year and a fine from one hundred thousand to one million Lebanese pounds or with one of these penalties.
Article 54
The Indictment Chamber is the appellate authority for the decisions of the Investigating Judge. It alone holds the authority to indict in felony cases and exercises the right to intervene in the cases specified by law.
Title Second Functions of the Investigating Judge in Flagrant Crimes
Article 55
If a flagrant felony occurs, the investigating judge must move to the place of occurrence and begin the investigation without waiting for the public prosecutor. If the public prosecutor is present, they do not have the right to participate in the investigation or conduct a parallel investigation in the same case. However, they have the right to submit any requests they deem necessary. If the public prosecutor has arrived at the crime scene first and started the investigation, they must stop and adhere to the provisions of Article 36 of this law. The investigating judge must be accompanied by the clerk of their office when moving to the crime scene. If they enlist the help of a clerk from the judicial police, the clerk must be sworn in to perform their duties faithfully and maintain the confidentiality of the investigation.
Article 56
In the case of a flagrant felony, the investigating judge exercises all the powers enjoyed by the public prosecutor. They perform all the tasks and procedures assigned to them and stipulated in Articles 31, 32, 33, 34, and 35 of this law.
Article 57
After completing the procedures required by the investigation of the flagrant felony, the investigating judge submits the documents to the public prosecutor, who prosecutes the suspects and presents their requests. After the public prosecution, the investigating judge performs their duties according to the usual procedures. The public prosecutor has the right to review the investigation file at any time and submit their requests in writing. The investigating judge considers these requests and decides whether to accept or reject them. If they are rejected, the public prosecutor must be informed, and they have the right to appeal any decision contrary to their request before the indictment chamber. The investigating judge is bound by the decision of the indictment chamber resulting from the appeal.
Article 58
If a flagrant misdemeanor occurs with a penalty of at least one year of imprisonment, the public prosecutor may request the investigating judge to move to the place of occurrence to conduct a local investigation. The investigating judge must follow the procedures used in the investigation of a flagrant felony.
Title Third Functions of the Investigating Judge in Non-Flagrant Crimes
Chapter One General Provisions
Article 59
The investigating judge is not entitled to commence an investigation, outside the case of a flagrant crime, unless he has jurisdiction over the public lawsuit based on a public prosecution claim or a direct complaint in which the injured plaintiff assumes the status of a personal claimant or based on a decision to appoint the reference or a decision to transfer the lawsuit.
Article 60
The investigating judge assumes jurisdiction over the public lawsuit objectively. He may interrogate as an accused any person suspected of committing the crime, whether as a perpetrator, accomplice, accessory, or instigator, without relying on a public prosecution claim. If, during the investigation, criminal acts unrelated to the alleged act are discovered, the file is referred to the public prosecutor to claim these acts. However, if the discovered acts are related to the alleged act, no prior claim is required for investigation.
Article 61
The investigating judge is obliged to follow lawful means during all investigative procedures that lead to uncovering the truth. He must document in writing everything he conducts. If the investigation requires a physical inspection of the crime scene, the investigating judge proceeds to it without delay and conducts the inspection according to the procedures.
Chapter Second Prosecution by the Public Prosecutor's Office before the Investigating Judge
Article 62
The public prosecutor must specify in his claim before the first investigating judge the description of the crime and the identity of each of the participants in its commission, and must designate the place and time of the criminal act and specify his requests. If he does not succeed in identifying all the participants in the crime, he shall claim against those he knows, otherwise he shall claim against an unknown person. His claim initiates the public right lawsuit whether he undertakes it himself or one of the public attorneys does so. The public prosecutor must accompany his claim with the papers, reports, and documents that support it.
Article 63
The investigating judge cannot refuse to proceed with the public lawsuit initiated by the public prosecutor's claim unless it is proven to him that the alleged act does not constitute a criminal offense or that the public lawsuit has lapsed for a reason of its lapse. He shall not make his decision except after consulting the opinion of the public prosecutor. He may decide to stop proceeding with the public lawsuit by a decision he makes after consulting the opinion of the public prosecutor, if he finds that another investigating judge has previously taken charge of the same investigation or an investigation in a related crime. The public prosecutor may request the investigating judge to withdraw from the lawsuit if the conditions for prior claim are met or if there is a connection between it and another lawsuit under investigation, so it is joined to this lawsuit.
Article 64
The investigating judge cannot decide to annul the claim of the appellate public prosecution if he finds a defect in it that would make his handling of the lawsuit incorrect. However, he may decide to refrain from investigating due to this defect. The public prosecutor, if he does not correct the defect, must appeal the decision of the investigating judge before the indictment body.
Article 65
The investigating judge, after consulting the opinion of the public prosecution, may decide his lack of jurisdiction to consider the case if it is proven that it falls outside his territorial or subject-matter jurisdiction or due to the status of the defendant. His decision in this regard is subject to appeal before the indictment body.
Article 66
The public prosecutor may later claim the acts that were omitted in his original claim and against those he omitted in this claim or in his subsequent claim. The investigating judge must interrogate these individuals as defendants and consider this status in all investigation procedures.
Article 67
The victim of the crime may submit a personal claim to the investigating judge attached to the public lawsuit initiated by the public prosecution's claim. He must choose a place of residence in the city or town where the investigating judge's center is located unless he has a real residence in either. If he does not, he cannot object to not being notified of the papers that must be legally notified to him. He may be exempted wholly or partially from the costs of the lawsuit, even if it is decided to prevent the trial of the defendant, if it is found that he did not misuse his right to claim. If he is a foreigner, he is required to provide a guarantee, the amount and nature of which the investigating judge determines. He may be exempted from the guarantee if there is justification for this exemption in his claim.
Chapter Third Direct Claim by the Victim of the Crime Before the Investigating Judge
Article 69
The first investigating judge personally undertakes the investigation into the direct complaint and may refer it to one of the investigating judges in his jurisdiction. The judge handling the direct complaint initiates the investigation after consulting the opinion of the appellate public prosecution. However, he is not bound by its opinion if it includes a refusal to proceed with the public case previously initiated by personal prosecution in accordance with the provisions of the fourth paragraph of Article 68 of this law. He must deliver a copy of the complaint and its attachments to the defendant at least twenty-four hours before his interrogation.
Article 70
The public prosecutor may dispute the status of the personal plaintiff before proceeding with the investigation. The defendant or his agent may raise this objection before the interrogation. The investigating judge, after notifying the personal plaintiff of this objection and granting him 24 hours to respond, must decide on it after consulting the opinion of the appellate public prosecution.
Article 71
The public prosecutor, if he finds the complaint unclear, may request the investigating judge to initiate the investigation before taking a position on it. In this case, the investigating judge interrogates the persons named in the complaint as defendants and listens to the witnesses. Then he refers the file to the public prosecutor to take a position on the prosecution. The investigating judge, if evidence is found against those he listened to as witnesses indicating their involvement in the crime, may interrogate them as defendants provided he adheres to the provisions of Article 61 of this law.
Article 72
If the investigating judge decides to dismiss the trial against the person named by the complainant, the defendant may request, before the single criminal judge, compensation for damages against the personal plaintiff who exceeded his right to litigate. However, he must file his claim, under penalty of inadmissibility, within three months from the date of notification of the decision to dismiss his trial.
Title Fourth Investigation Procedures
Chapter First Formal Defenses
Article 73
The defendant or their attorney, without the presence of the defendant, and the public prosecutor have the right to present, once before the interrogation of the defendant, one or more of the following defenses: 1 - Defense of lack of jurisdiction. 2 - Defense of the dismissal of the public lawsuit for one of the legally specified reasons for dismissal. 3 - Defense of inadmissibility of the lawsuit for a reason that prevents it from being heard or proceeded with before examining its subject matter. 4 - Defense that the alleged act does not constitute a punishable offense under the law. 5 - Defense of prior prosecution or connection. 6 - Defense of res judicata. 7 - Defense of nullity of one or more of the investigation procedures. The investigating judge, after hearing the personal plaintiff and consulting the opinion of the public prosecutor, must decide on the defense within a week from the date of its submission. Each party in the lawsuit has the right to appeal the decision.
Chapter Second Interrogation of the Defendant
Article 74
The investigating judge must verify the identity of the defendant by recording his name, surname, age, place of birth, parents' names, place of residence, social and family status, and criminal record. He may seek the assistance of specialists in psychiatry as well as in physical medicine to confirm the identity of the defendant. If the defendant or his agent requests a psychological or physical examination, the investigating judge cannot refuse the request except by a reasoned decision.
Article 75
The investigating judge interrogates the defendant in his office unless it is impossible for the latter to attend due to illness, disability, or another acceptable excuse. Upon verifying the impediment, the investigating judge, accompanied by his clerk, moves to the location where he can interrogate the defendant according to the procedures outlined later.
Article 76
When the defendant appears before him for the first time, the investigating judge must inform him of the crime attributed to him, summarize its facts, and present the evidence available or the suspicions against him so that he can refute them and defend himself. The investigating judge is not required to provide the legal description of the facts. The investigating judge must inform him of his rights, especially his right to have one lawyer present during the interrogation. If the investigating judge fails to inform the defendant of the crime attributed to him, as previously stated, or to inform him of his right to have a lawyer, this leads to the nullity of the interrogation as evidence. • Article 77 The investigating judge must respect the principle of the defendant's free will during interrogation and ensure that he gives his statement free from any external influence, whether moral or material. If the defendant refuses to answer and remains silent, the investigating judge cannot compel him to speak. If the defendant pretends to have a physical, psychological, or mental illness during interrogation, medical expertise can be sought to determine his true condition.
Article 78
If the defendant refuses to have a lawyer, the investigating judge is not obliged to appoint one for him. This must be recorded in the minutes under penalty of nullity of the interrogation and subsequent procedures. He interrogates him without a lawyer and continues the investigation procedures. If he chooses a lawyer to defend him, the investigating judge cannot interrogate him or continue the investigation procedures except after the lawyer's presence and his review of all investigation works except for witness statements, under penalty of nullity of the interrogation and subsequent procedures. If the defendant is unable to appoint a lawyer, the investigating judge appoints one for him or entrusts the appointment to the Bar Association President. The defendant, at any time during the investigation, can inform the investigating judge of the name of the lawyer he appointed to defend him. If he chooses several lawyers for this purpose, he must inform the investigating judge of the name of the lawyer to whom the summons will be addressed. The lawyer is summoned by a memorandum sent to him at least one day before the interrogation. The clerk of the investigating judge must record this procedure in the minutes, mentioning the date of sending the memorandum. If the lawyer does not receive the summons memorandum before the session date, his attendance at the interrogation without objecting to the notification procedure prevents the nullity of the interrogation. If the appointed lawyer does not attend despite being duly notified of the session date without a legitimate excuse, the investigating judge may proceed with the interrogation.
Article 79
Before each subsequent interrogation after the first, the investigating judge must ask the defendant whether his consent to be interrogated without a lawyer continues and record this in the minutes under penalty of nullity of this interrogation and subsequent procedures. The defendant has the right to communicate freely with his lawyer throughout the investigation period. Communications between them are confidential. No evidence resulting from a breach of the confidentiality principle is admissible.
Article 80
As an exception to the provisions of Articles 78 and 79 of this law, the investigating judge may, by a reasoned decision, begin interrogating the defendant directly if there is evidence or a trace that is feared to disappear. He may interrogate the defendant without a lawyer in the case of a flagrante delicto crime and a crime treated as such.
Article 81
If the defendant's lawyer attends the interrogation, he may not ask any questions to his client or the opponent except through the investigating judge. He may make some observations and object to what he sees as contrary to the principles of investigation in the questions posed by the investigating judge. If the investigating judge does not allow the lawyer to speak, ask questions, make observations, or objections, he must record this in the interrogation minutes. The public prosecutor or one of his assistants may attend the defendant's interrogation and may ask questions and make observations through the investigating judge. If the defendant does not understand Arabic, the investigating judge appoints a translator who does not begin his task until he takes an oath to perform his work honestly and faithfully. If the defendant is mute, deaf, or unable to speak, the investigating judge seeks the assistance of someone who can communicate with him through sign language or otherwise, who must take an oath to perform his work honestly and faithfully. If the deaf or mute person knows how to write, the interrogation is conducted by writing the questions and recording his answers. The paper on which he answers the questions must be attached to the interrogation minutes. The civil plaintiff, the financially responsible party, and the guarantor may attend the defendant's interrogation or appoint a lawyer for this purpose. Each of them may ask questions and make observations through the investigating judge. If there are multiple defendants, none of them or their agents may attend the interrogation of another unless a confrontation is conducted between them.
Article 82
If the investigating judge has interrogated the defendant about a criminal act, considering it a misdemeanor, and then it becomes apparent that the applicable description is a felony, he must re-interrogate him and inform him of his right to have a lawyer if he has not appointed one to assist him in the case. Subject to the penultimate paragraph of Article 81 of this law, the defendant, the civil plaintiff, the financially responsible party, the guarantor, or their agents may attend the investigation works except for hearing witnesses. Each must be notified of the summons memorandum at least twenty-four hours before the investigative work it concerns, otherwise, the work conducted in their absence is void. If those summoned attend without objecting to the notification method or the failure to observe the twenty-four-hour period, the investigative work concerning them is considered valid. Each of the financially responsible party and the guarantor must choose a domicile within the town where the investigating judge's office is located unless he has a real domicile in either to be notified of the papers that must be legally notified to him. Each of the above must inform the investigating judge in writing of any change that may occur to his real or chosen domicile. If he does not, notification at the address in the case file is considered valid.
Article 83
The investigating judge may decide to prohibit contact with the detained defendant for a period not exceeding five days. The prohibition does not include his lawyer. If the arrest warrant is executed in absentia on the detained defendant, the investigating judge must, upon receiving the arrest notification, bring the detained defendant and interrogate him about the acts attributed to him, provided that the previously stated procedures for interrogation are observed.
Article 84
If the defendant residing outside the jurisdiction of the investigating judge presents a legitimate excuse preventing him from attending the judge's office, the investigating judge may delegate the interrogation to the investigating judge of the defendant's place of residence or the single judge of the defendant's place of residence. An officer of the judicial police cannot be delegated for this purpose. The investigating judge cannot conclude the investigation unless the defendant is interrogated, unless it is impossible due to his decision, or if he determines that the evidence gathered in the case is sufficient to prevent prosecution regardless of the interrogation.
Chapter Third On Hearing Witnesses
Article 85
If the case requires hearing the testimony of the President of the Republic, the Speaker of the Parliament, or the Prime Minister, the investigating judge, along with his clerk, shall move to their location to hear their testimony.
Article 86
The investigating judge summons the individuals named in the complaint, report, or investigations, and anyone he deems has information beneficial to the investigation. - The judge is not required to summon a witness named by the personal plaintiff or the defendant if he deems it unnecessary to hear them. However, if he refuses to hear a witness named by the public prosecution, he must issue a reasoned decision. - The summons paper must be delivered to the witness at least twenty-four hours before the scheduled session for hearing. - Members of the diplomatic and consular corps are summoned through the Ministry of Foreign Affairs and Emigrants. - Military personnel are summoned through their respective commands. - If the witness resides abroad, the summons is sent by registered mail with acknowledgment of receipt. - If the witness is detained, they are brought under escort.
Article 87
Before being heard, the witness presents the summons paper they received and declares this in the record. If they appear before receiving the summons paper, they cannot refuse to testify on the grounds of not being notified of the summons date. The investigating judge, in the presence of his clerk, hears each witness separately. After asking the witness for their name, surname, parents' names, age, profession, place of residence or domicile, and whether they are related to either party or serve one of them, and the degree of kinship, the judge administers the following oath: "I swear by Almighty God to testify the truth, the whole truth, and nothing but the truth," and this is recorded in the record. The witness gives their testimony orally and may use documents to support it. Each witness's testimony is recorded in a report that includes the questions asked and their answers. The testimony is read to the witness, who confirms it and signs each page. If they refuse or are unable to sign, this is noted in the record. The number of pages containing the witness's testimony is noted at the end of the record. Each page is signed by the investigating judge and his clerk, and the foundational record includes the names of the persons heard and the date of their hearing. If the witness is shown any seized criminal materials or objects, this is recorded in the report. The same procedures are followed when hearing the testimony of the personal plaintiff, the defendant, the financially responsible party, the guarantor, and the expert. Only the party harmed by a violation of the aforementioned procedures may request the annulment of the record.
Article 88
If the witness does not understand Arabic, the investigating judge appoints an interpreter who performs his duties after taking an oath to do so truthfully and faithfully, unless he is a sworn interpreter.
Article 89
If the witness falsely asserts, denies the truth, or conceals some or all of what they know about the facts of the case they are questioned about, the investigating judge refers the record containing their testimony to the appellate public prosecution to prosecute them for perjury as stipulated in Article 408 of the Penal Code.
Article 90
No erasures, insertions, or additions are allowed in the investigation record. If it is necessary to delete or add a word, the investigating judge, the clerk, and the witness must approve and sign the deletion, insertion, and addition in the margin of the record. Any unapproved insertion, deletion, or addition is considered null and void and is subject to the provisions of the last paragraph of Article 87 of this law.
Article 91
The investigating judge hears minors under eighteen years of age for informational purposes. If a minor over fifteen years of age has taken the legal oath, their testimony is not invalid, and they are not prosecuted for perjury. The defendant's ascendants, descendants, siblings, in-laws of the sibling degree, and spouse, even after divorce, and informants who receive financial rewards for reporting are prohibited from testifying. The investigating judge may hear the testimony of any of these individuals for informational purposes.
Article 92
A witness is not exempt from giving their testimony unless they prove they are legally bound to maintain confidentiality. If the investigating judge finds that the witness's claim of professional or banking secrecy is unfounded, he makes a reasoned decision to reject the claim after consulting the appellate public prosecution. The witness may appeal the decision within twenty-four hours of being notified. Anyone with information that could illuminate the investigation must promptly testify before the investigating judge. If they fail to do so, they are fined between one hundred thousand and two hundred thousand Lebanese pounds, collected in the same manner as public funds. If this information could prove the defendant's innocence, the person who fails to provide it or present evidence is prosecuted under the amended Article 567 of the Penal Code.
Article 93
The investigating judge determines the travel allowance for the witness, which is paid by the party requesting it. If the case is filed in the name of the public right, it is paid from the treasury fund.
Article 94
The investigating judge, if the witness resides outside his jurisdiction, may delegate the hearing of the testimony to the investigating judge or the single judge within whose jurisdiction the witness resides. The delegated judge must specify to the appointed judge the facts the witness should be questioned about with sufficient precision and clarity. The appointed judge must hear the witness's testimony according to the procedures after administering the oath and send the record containing the testimony in a sealed envelope to the delegating judge as soon as possible.
Article 95
Anyone duly notified of the obligation to appear before the investigating judge to testify is required to do so. If they fail to appear without a legitimate excuse, the investigating judge repeats the summons for a subsequent session after imposing a fine ranging from fifty thousand to one hundred thousand Lebanese pounds. If they fail to appear again, an arrest warrant is issued against them. If the witness claims illness and presents a medical report to justify their absence, the investigating judge may reject this excuse if it appears insincere or appoint another doctor or medical committee to examine the witness and determine if their health condition prevents them from attending. If it is found that the report is false, a report is made, and it is referred to the public prosecution to prosecute the witness and the doctor who issued the report under Article 466 of the Penal Code. If the excuse is not illness and the investigating judge finds it false, a report is made, and it is referred to the public prosecution to prosecute the witness under Article 407 of the Penal Code.
Article 96
The investigating judge, if the witness is unable to attend his office due to illness, disability, or a compelling circumstance, may move to the witness's location to hear their testimony in the presence of his clerk.
Article 97
The investigating judge, in the absence of his clerk or one of the clerks of the investigation department, the public prosecution, or the courts, may enlist one of the non-commissioned officers of the Internal Security Forces to record the witness's testimony after swearing him in to perform his duty honestly and faithfully. If a clerk is not available to record the minutes, he may undertake this task himself. The minutes prepared by him in this latter case shall not be invalid.
Chapter Fourth On Transfer, Search, and Seizure of Evidence
Article 98
The investigating judge may move with his clerk to conduct an on-site inspection of the crime scene or to search a house for criminal materials or items that illuminate the investigation. He must inform the public prosecutor of his movement. If accompanied, he conducts the inspection and search in his presence; otherwise, he does so alone. The inspection or search is conducted in the presence of the personal plaintiff and the defendant. If either does not attend or is unable to attend, it is conducted in the presence of their agent or two witnesses from their family members or two witnesses chosen by the investigating judge. The investigating judge prepares a detailed report of the inspection or search procedures, signed by him, his clerk, and all present. If criminal materials or items useful to the investigation are seized during the search, he must describe each one and specify its nature with sufficient accuracy. He must preserve the seized materials and items according to their nature, seal them with the investigation department's stamp, and attach a paper listing the seized contents, signed by the investigating judge, his clerk, and those present. If the seizures include books, papers, and account statements, they are placed in envelopes sealed with the department's stamp and kept in the investigation department after attaching the statement of their contents. If the seizures include bullion or currency or financial papers, they are placed in envelopes sealed with the department's stamp and kept in the Justice Palace safe after attaching the statement of their contents. If secret documents are seized during the search, they are numbered and only the investigating judge and their owner may view them. They are kept in envelopes sealed with the department's stamp, with a statement attached indicating they are secret and referring to their number and count.
Article 99
If among the seized items there is something that cannot be moved to the investigation department or the custody warehouse in the Justice Palace due to its size or danger, the investigating judge hands it over to someone deemed suitable for safekeeping, under a report signed by him, his clerk, the owner of the seized item, and the recipient.
Article 100
Except for a flagrant crime, the investigating judge, when prosecuting a lawyer, is not entitled to search his office without informing the Bar Association President. He must not breach professional secrecy during the search. The President or his delegate may attend the search operations. The communications conducted by the suspected lawyer may not be intercepted except by judicial decision and after informing the Bar Association President.
Article 101
If the investigating judge finds prohibited items during the search, the possession or acquisition of which constitutes a misdemeanor or felony, he seizes them, even if they are unrelated to the crime under investigation, and prepares a report signed by him, his clerk, and those present at the search, and sends them with the report to the public prosecution.
Article 102
The seals on the seized and preserved items may only be broken in the presence of the investigating judge, his clerk, the defendant or his agent, and the person whose house was searched or in whose presence it was conducted. If any of these are absent, it is done in their absence, provided they have been notified of the timing of this procedure. The investigating judge may review telegrams and letters and retain what he deems necessary to reveal the truth or what would harm the investigation if disclosed to others. He is not entitled to disclose the content of any seized telegram or letter without the consent of the concerned party. The investigating judge may not review the correspondence exchanged between the defendant and his lawyer.
Article 103
If the investigating judge sees that retaining the seized items or some of them does not benefit the investigation, he returns them to the rightful owner if his right is free from any legal dispute. If there is a serious dispute over the ownership or possession of the seized item that can be returned, the investigating judge postpones the return until after the dispute is resolved. If the personal plaintiff or the defendant requests the return of a seized item, the investigating judge decides on the request after consulting the opposing party in the case and the opinion of the public prosecution. His decision in this regard is subject to appeal within twenty-four hours from the date of notification to the aggrieved party among the parties to the dispute in the case.
Article 104
If the investigating judge deems it necessary to search a house located outside his jurisdiction, he delegates this task to the investigating judge within whose jurisdiction the house is located or to the single judge in the same jurisdiction. He specifies the task accurately and in detail. The delegated judge must execute this task, follow the procedures for seizing criminal materials or items useful to the investigation, and prepare a report signed by him, his clerk, and the homeowner or two witnesses, and send it with the seized items to the delegating judge in an envelope sealed with his department's stamp and with a statement of the contents attached.
Article 105
Any search conducted contrary to the procedures outlined above is null and void. Consequently, the investigation procedures based on it are also void. The nullity does not prevent the use of information obtained that benefits the investigation as a result of the search if there is evidence supporting it. The procedure is not void if the aggrieved party consents to it.
Title Fifth Decisions Issued by the Investigating Judge During the Investigation
Chapter First Summons, Arrest, and Detention Orders
Article 106
The investigating judge may issue a summons inviting the private plaintiff, the defendant, the witness, the person responsible for the money, or the guarantor to the session he specifies, indicating the day and hour. The defendant must appear at the office of the investigating judge after being notified of his summons and must present himself before him. If he does not appear without providing a legitimate excuse, or if the investigating judge fears his escape, he issues a warrant for his arrest, which includes a written order to the security forces to ensure his appearance within twenty-four hours from the scheduled session. The public prosecution is responsible for executing the arrest warrant.
Article 107
The investigating judge immediately interrogates the defendant summoned by a summons. As for the defendant brought by an arrest warrant, he is interrogated within twenty-four hours from the time the arrest warrant is executed against him. After the expiration of the twenty-four hours, the head of the guard, on his own initiative, brings the defendant to the public prosecutor, who requests the investigating judge to interrogate him. If he refuses, is absent, or a legitimate obstacle prevents his interrogation, the public prosecutor requests the first investigating judge to interrogate him or assigns one of the investigating judges to do so. If his interrogation is not possible, the public prosecutor orders his immediate release. If his detention continues for more than twenty-four hours without being brought to the public prosecutor, this detention is considered arbitrary, and the responsible employee is prosecuted for the crime of depriving personal freedom. After the investigating judge interrogates the defendant and consults the public prosecution, he may issue a detention order, provided that the crime attributed to him is punishable by imprisonment for more than a year, or if he has previously been sentenced to a criminal penalty or imprisonment for more than three months without suspension. The detention order must be justified, and the investigating judge must state the factual and material reasons he relied on to issue his decision, provided that preventive detention is the only means to preserve evidence or the material features of the crime, to prevent coercion of witnesses or victims, to prevent the defendant from contacting his accomplices in the crime, interveners, or instigators, or if the purpose of detention is to protect the defendant himself, to put an end to the effect of the crime, to prevent its recurrence, to prevent the defendant from fleeing, or to avoid any disruption to public order resulting from the crime. The summons, arrest warrant, and detention order must include the date of issuance, the identity of the defendant, a description of the crime attributed to him, the applicable legal article, the signature of the investigating judge who issued it, and the seal of his office. The defendant is notified of both the arrest warrant and the detention order, even if he is detained for another crime, upon the execution of either against him, and a copy of the notification document is left with him. If the procedures specified above for the arrest warrant and detention order are not followed, the clerk is fined up to two million Lebanese pounds by a decision of the court before which the violation is raised. The defendant may appeal the decision ordering his detention within twenty-four hours from the date of notification. The appeal of the decision does not suspend its execution. If the defendant is in hiding, the investigating judge may issue a justified decision to detain him in absentia. If the execution of the in absentia detention order against the defendant is not possible, he is notified by posting a copy on the door of his last residence in the presence of the local mayor or two neighbors, and a report is drawn up accordingly.
Article 108-Amended
Except in the case of a person previously sentenced to a penalty of at least one year, the duration of detention in a misdemeanor may not exceed two months. It can be extended for a similar period as a maximum in cases of extreme necessity. Except for felonies of murder, drugs, assault on state security, felonies of comprehensive danger, terrorism crimes, and the case of a detainee previously sentenced to a criminal penalty, the duration of detention in a felony may not exceed six months, and it can be renewed once with a justified decision. The investigating judge may decide to prohibit the defendant from traveling for a period not exceeding two months in a misdemeanor and one year in a felony from the date of his release or discharge.
Article 109
Anyone arrested pursuant to an in absentia detention order is brought without delay to the public prosecution at the center of the investigating judge who issued the order, which gives the employee who executed the order a receipt for receiving the detainee and sends him to the place of detention and informs the investigating judge of the matter. The investigating judge must decide to bring the detainee immediately and interrogate him according to the provisions of Articles 74 and following of this law. The security forces tasked with executing the in absentia detention order must enter the house where there is evidence that the absent detainee has taken refuge. However, entry is only allowed between five in the morning and eight at night. The procedures specified in this paragraph apply when executing the arrest warrant.
Article 110
The investigating judge may decide, during the investigation proceedings, regardless of the type of crime, to withdraw the detention order with the approval of the public prosecutor. The defendant must take up residence in the city or town where the investigating judge's center is located unless he has a real residence in either to be notified of all transactions related to the investigation and the enforcement of the judgment.
Article 111
The investigating judge, regardless of the type of crime, and after consulting the public prosecution, may substitute the detention of the defendant by placing him under judicial supervision and obliging him to one or more obligations deemed necessary for the enforcement of supervision. These include: A - Commitment to reside in a city, town, or village and prohibition from leaving it and taking up residence there. B - Not frequenting certain places or locations. C - Depositing the passport with the investigation office and informing the General Directorate of General Security of this. D - Undertaking not to exceed the supervision area and proving presence periodically at the supervision center. E - Not practicing certain professions that the investigating judge prohibits him from practicing throughout the supervision period. F - Undergoing medical and laboratory tests periodically during a period specified by the investigating judge. G - Providing a guarantee bond, the amount of which is determined by the investigating judge. The investigating judge may modify the supervision obligations imposed whenever he deems it appropriate. If the defendant violates any of the supervision obligations imposed on him, the investigating judge may decide, after consulting the public prosecution, to issue a detention warrant against him and confiscate the bond in favor of the treasury.
Article 112
The defendant placed under judicial supervision may request the lifting of the supervision. The investigating judge must decide on his request, after consulting the public prosecution, within three days at most from the date of its registration at the investigation office. His decision is subject to appeal before the indictment chamber according to the procedures followed in appealing the decisions of the investigating judge.
Chapter Two Decisions on Release
Article 113
If the crime is a misdemeanor and the maximum penalty does not exceed imprisonment for two years, and the defendant is Lebanese and resides in Lebanon, they shall be released by right after five days from the date of their detention, provided that they have not been previously convicted of a disgraceful crime or sentenced to imprisonment for at least one year. The released defendant undertakes to attend all investigation procedures, trial proceedings, and execution of the judgment.
Article 114
In all other crimes, and if the conditions for release by right are not met, the investigating judge, after consulting the public prosecution, may decide to release the detained defendant if they request it and undertake in their request to attend all investigation and trial procedures and execute the judgment, with or without bail. The bail includes: A - The defendant's attendance at investigation and trial procedures and execution of the judgment. B - Fines, fees, and judicial expenses. C - Expenses advanced by the personal plaintiff. D - Part of the personal compensations. The investigating judge determines the amount and type of bail and the amount allocated to each of its sections and may adjust its amount or type if necessary.
Article 115
The defendant or their agent submits a request for release to the investigating judge before issuing the indictment decision. A copy of the request is delivered to the personal plaintiff at their chosen residence to provide their observations within twenty-four hours from the date of notification. The request is referred, after the expiration of twenty-four hours from notifying the personal plaintiff, to the public prosecutor to express their opinion on it. The investigating judge makes their decision according to the opinion of the public prosecution or contrary to it immediately upon the file's return to them.
Article 116
The personal plaintiff may appeal the release decision before the indictment panel within twenty-four hours from the date of its notification. The defendant may appeal the decision rejecting their release request within twenty-four hours from the date of its notification. The public prosecution may appeal the decision within twenty-four hours from the date of its issuance. The appeal of the release decision suspends its execution. The appeal is submitted through the investigating judge. The released defendant is required to choose a residence in the city or town where the investigating judge's office is located unless they have an actual residence in either.
Article 117
The bail can be monetary, state bonds, banking, commercial, or real estate. If it is monetary or state bonds, it is deposited in the Justice Palace fund against a receipt. If it is banking, it is done by presenting a guarantee bond issued by the guarantor bank, which is duly deposited in the case file. The foundational record notes the date of its receipt by day and hour, the name of the guarantor bank, the amount fixed in the guarantee bond, and the bond number. If the bail is commercial, it is done by presenting a guarantee bond issued by the commercial authority, whether a person, institution, or company. The foundational record with the investigating judge registers the guarantor's name, address, and the amount fixed in the bond. A note of the guarantee bond is also placed in the commercial register in the guarantor's file. If the bail is real estate, it is accompanied by a sworn expert report specifying the property's number, location, area, and detailed valuation of its price. A note of this bail is placed on the property's real estate record. The original guarantee bond and report are kept in the Justice Palace fund. They are noted in the foundational record. Both the personal plaintiff and the defendant, within the period specified in Article 116 of this law, may appeal the part related to the bail amount from the release decision.
Article 118
If the released defendant attends the investigation and trial procedures and appears for the execution of the judgment, the first part of the bail is returned to them. If they fail to attend any investigation or trial procedure or do not comply with the execution of the judgment, the first part of the bail is confiscated in favor of the treasury. If a decision is issued to dismiss the trial against the defendant, the entire bail is returned to them. If a decision is issued to drop the public right lawsuit against them due to death, the first part of the bail is returned to their heirs. If a decision is issued to drop the crime attributed to them by general or special amnesty, the first part of the bail is returned to them. If a dispute arises regarding the application of this article, it is resolved, based on the request of the concerned party, by the authority handling the case or who judged it in the deliberation chamber.
Article 119
The public prosecution is responsible for executing sections (A and B) of the bail, and sections (C and D) are executed by the execution department after the judgment becomes final.
Article 120
If important reasons arise after the defendant's release that necessitate their re-arrest, the investigating judge may issue a decision to detain them again after consulting the public prosecution. If the release decision was issued by the indictment panel when overturning the investigating judge's decision to reject the request, the investigating judge must refer the case file to the indictment panel to take a position on their decision to detain the defendant again. However, this does not suspend the execution of their decision. If the indictment panel decides to overturn their decision, the defendant is released.
Title Sixth Decisions of the Investigating Judge After the Conclusion of the Investigation
Article 121
After the investigating judge completes the investigation, he refers the file to the public prosecution to provide its final opinion. The public prosecution must provide its opinion within a maximum of one week. If the public prosecution requests further investigation, it must specify the deficiencies and investigative actions it deems necessary. The investigating judge may execute or reject its request. If he rejects it, he must justify the reasons for the rejection. The public prosecution may appeal the rejection decision. If the indictment chamber overturns it, it may address the subject of the request or refer the case file to the first investigating judge to continue the investigation or assign it to another investigating judge. However, if it upholds it, it returns the file to him to issue the indictment decision after the public prosecution provides its final opinion.
Article 122
If the investigating judge decides to dismiss the case against the defendant, he bases his decision either on a legal reason or a factual reason. The reason is legal if the alleged act does not correspond to any legal criminal description, or if a new law was issued after the allegation that strips it of any criminal description, or if the criminal nature of this act has been removed for any legal justification reasons, or if the public case regarding the alleged act has been dropped for any legally specified reasons. The reason is factual if the investigation did not prove that the alleged crime actually occurred, or if there is no evidence of a causal link between the alleged crime and the defendant, or if the public case was initiated against an unknown person whom the investigation did not manage to uncover or identify. In this last case, the investigating judge decides to issue a permanent search warrant to identify the perpetrator or reveal his identity. If the investigating judge decides to dismiss the case against the defendant, he decides to release him immediately if he is detained. The appeal of this decision does not suspend its execution.
Article 123
If the investigating judge decides that the alleged act is a misdemeanor or an offense that does not require imprisonment, he releases the defendant immediately if detained and refers the case file to the single judge through the public prosecution.
Article 124
In a case associated with an indictment decision for a misdemeanor or offense, the public prosecutor must send the case file to the competent single judge within three days of receiving it, accompanied by an inventory list prepared by the investigation department.
Article 125
If the investigating judge considers that the act he investigated is a felony, he issues a decision outlining the facts of the case, the available evidence, and the legal description applicable to it. He refers the file to the public prosecution to submit it to the indictment chamber as the authority responsible for prosecution. If the investigating judge decides that the alleged criminal description does not apply to the available facts in the case but rather a misdemeanor description does, the public prosecutor may appeal his decision. The personal plaintiff does not have the right to appeal this decision.
Article 126
The decision of the investigating judge, whether referring to the single judge or considering the act a felony, must include the name of the defendant, his surname, age, place of birth, the names of his parents, nationality, registration number, place of residence, profession, date of arrest, and release, along with a clear statement of the facts, evidence, and legal description.
Article 127
If new evidence emerges after the decision to dismiss the case against the defendant, the investigation is reopened if the decision was based on a factual reason. New evidence includes witness statements, documents, and reports not previously available to the investigating judge that could affect the outcome reached. The new evidence is presented to the public prosecutor, who assesses whether it is useful and sufficient to request a renewed investigation. If he finds it meets the purpose, he requests the investigating judge to conduct the investigation again. The investigating judge must investigate the new evidence and issue any necessary warrants. He interrogates the defendant without a subsequent allegation from the public prosecution and follows the established investigation procedures. If the investigating judge, after resuming the investigation, decides to reverse the decision to dismiss the case, he decides, after consulting the public prosecution, to indict the defendant or consider his act a felony. However, if the new investigation does not lead to a modification of the initial decision to dismiss the case, he issues a decision to maintain it. If the decision to dismiss the case was issued by the indictment chamber, it undertakes, upon the public prosecutor's request, to renew the investigation conducted by its president or a designated advisor according to the procedures followed before the investigating judge.
Section Fourth The Indictment Authority
Article 128
A civil chamber at the Court of Appeal assumes the functions of the Indictment Chamber. It is: 1 - The authority of indictment in felonies. 2 - The appellate authority for decisions of the investigating judge and for decisions within its jurisdiction under special laws. 3 - The right to intervene. 4 - Deciding on requests for rehabilitation.
Title One The Indictment Authority as a Prosecuting Authority
Article 129
If the investigating judge considers in his final decision that the act alleged is of the nature of a felony, he shall refer the case file to the public prosecutor to submit it to the indictment chamber, and the public prosecutor shall, within five days, prepare a report clarifying its demands. Both the civil claimant and the accused have the right, within the same period, to submit a memorandum in which they present the facts of the case, the evidence, the legal description, and their conclusions.
Article 130
After the public prosecutor submits the case file, accompanied by his report, to the indictment chamber, it shall objectively take charge of it. If it finds that the investigation is complete and that there is no benefit in expanding it, it shall issue one of the following decisions: A- A decision to dismiss the case against the defendant and release him if it finds that the evidence is insufficient to accuse him of a felony, or that the act attributed to him does not constitute a crime, or that the criminal nature has been removed from it for a reason of justification, or by the issuance of a new law amending the previous law, or that the public case has been dropped for one of the reasons for dropping specified in the law. B - A decision considering the act a misdemeanor or infraction, by which it refers the defendant to the single criminal judge and releases him if it considers the act an infraction or misdemeanor not requiring a prison sentence of more than one year. C - A decision to indict the defendant if it finds that the facts and evidence are sufficient to accuse him after giving the act attributed to him a criminal description. It shall decide in its decision to refer the accused to the criminal court for trial on the charges against him and issue an arrest warrant against him.
Article 131
The indictment decision must include the names of the members of the indictment chamber, the demands of the public prosecution, a clear and precise account of the facts of the case, an analysis of the evidence linking the crime to the act of the defendant, a reasoned legal description, and a specification of the legal texts applicable to the facts, as well as the issuance of an arrest warrant for the accused. It must also include the name of the accused, his surname, date of birth, the names of his parents, his registration number, place of residence, profession, nationality, date of arrest, and date of release if applicable. The indictment decision must be signed by both the president of the chamber and its advisors. The arrest warrant must include the name of the accused, his surname, date of birth, the names of his parents, place of residence, profession, nationality, the type of felony attributed to him, the applicable legal text, and the order to the security forces to arrest the accused in execution of it. If the indictment chamber issues its decision to refer the accused to the criminal court and neglects to issue an arrest warrant against him, it may issue this warrant at the request of the public prosecution.
Article 132
If the indictment chamber finds a deficiency or ambiguity in the investigation, its president shall conduct a supplementary investigation or assign one of his advisors to do so. The procedures governing the actions of the investigating judge in this regard shall be observed in the supplementary investigation. After the completion of the supplementary investigation, the case file shall be referred to the public prosecution to express its opinion in light of the developments in the case. Then the indictment chamber shall make the appropriate decision in it.
Article 133
The indictment chamber shall issue a single indictment decision in related crimes. If some of them are misdemeanors, it shall refer the entire case to the criminal court. Crimes are considered related: A - If they are committed by several persons together at the same time. B - If they are committed by multiple persons at different times and places in execution of an agreement between them. C - If some of them are preparatory for others, or facilitate or execute them, or conceal their criminal results, or keep their perpetrators from being pursued. D - If several persons participate in concealing the items resulting from the crime, wholly or partially.
Article 134
The indictment chamber, regardless of the conclusion reached by the investigating judge referred to it, may consider all felonies and misdemeanors related to them, either on its own initiative or at the request of the public prosecutor, and make the appropriate decision regarding them. It may conduct any additional investigative work on its own initiative or at the request of the public prosecutor, the defendant, or the civil claimant.
Title Second The Indictment Authority as an Appellate Reference
Article 135
The Indictment Chamber is the competent appellate authority to consider appeals against decisions of the Investigating Judge. 1- The Public Prosecution may appeal all investigative decisions issued contrary to its request, whether administrative, investigative, or judicial, and the decision to withdraw the arrest decision due to lack of conditions, within a period of twenty-four hours from the date of issuance of the decision. 2- The defendant may appeal the decisions of the Investigating Judge: A- The decision to reject his request for release. B- The decision to reject one or more of the defenses stipulated in Article 73 of this law. 3- The personal plaintiff may appeal the following decisions: A- The decision accepting one or more of the defenses stipulated in Article 73 of this law if it is detrimental to his interest. B- The decision to release the defendant or to release him on bail. C- The decision to dismiss the case against the defendant. D- The decision classifying the alleged act as a misdemeanor. E- The decision to withdraw the arrest warrant for the defendant if it is contrary to the procedures. The financially responsible party or guarantor may not appeal the decisions of the Investigating Judge except for the decision on jurisdiction. - The appeal period is twenty-four hours. It begins for the personal plaintiff, the defendant, the financially responsible party, and the guarantor from the date of notification of the decision at their chosen residence within the city where the Investigating Judge's office is located unless they have a real residence there.
Article 136
The appeal is submitted directly to the Indictment Chamber or through the Investigating Judge. The Indictment Chamber must decide on the appeal of the Investigating Judge's decision within a maximum period of ten days from the time the file is deposited with it.
Article 137
The appeal before the Indictment Chamber has a suspensive effect within the scope of its subject. If it is submitted within the legal period, includes legal reasons and demands, and is signed by an appellate lawyer, the Indictment Chamber decides to accept the appeal in form and substance, either confirming, overturning, or amending the appealed decision. The appeal submitted by the personal plaintiff against the decision to dismiss the case against the defendant reactivates the public prosecution and reopens it before the Indictment Chamber. If the Indictment Chamber decides to dismiss the case against the defendant, he may request compensation for his damages in accordance with the provisions of Article 72 of this law.
Article 138
If the Public Prosecution or the personal plaintiff appeals the decision to release the defendant or to withdraw his arrest warrant contrary to procedures, the appeal suspends the execution of the decision until it is decided within a period of twenty-four hours. If this period expires without the Indictment Chamber making its decision, the Public Prosecutor must release him by law.
Article 139
If the Indictment Chamber overturns the Investigating Judge's decision to release the defendant, it may issue an arrest warrant against him. If the Chamber overturns the decision of the Investigating Judge rejecting the request for the defendant's release, the released person must choose a place of residence in the city or town where the Indictment Chamber's headquarters is located unless he has a real residence there.
Title Third Right of Intervention
Article 140
If the investigating judge issues a decision considering the act of the defendant as a felony, the indictment chamber, without the need for a public prosecution claim, can examine all crimes derived from the investigation and linked to the original crime and can address all persons for whom evidence of their involvement in these crimes is available. As for crimes not linked to the original crime, the public prosecution must claim to initiate the public right lawsuit. If an appeal is made against the decision of the investigating judge who refrained from taking an action or conducting an investigative act, and the indictment chamber overturns his decision, it undertakes the action or act instead of the investigating judge and can address the merits of the case. If it examines an appeal against a decision issued by the investigating judge to prevent prosecution or not to proceed with the case for one or more of the reasons stated in Article 73 of this law, and decides to overturn it, it can address the merits of the case. If the indictment chamber does not address the merits of the case, it refers the file to the first investigating judge to continue the investigation or to refer it to another investigating judge.
Article 141
If the indictment chamber addresses the merits of the case, it conducts investigations and issues summons or arrest warrants, as appropriate, and can delegate one of its members to carry out these tasks. The investigations conducted by the president or the delegated counselor are subject to the same procedures that govern the investigation by the investigating judge. Each of them can delegate an investigating judge or a single judge to carry out some investigative tasks according to the provisions that govern the delegation issued by the investigating judge.
Article 142
After completing the investigations conducted by the indictment chamber itself or through one of its members, it returns the case file to the public prosecution to express its opinion again on the merits of the case. Then it issues its decision after reviewing the case and the additional investigations.
Article 143
Decisions of the indictment chamber cannot be appealed before the Court of Cassation except for the reasons stated in Articles 306 and 307 of this law. The period for appealing the decisions of the indictment chamber is fifteen days. It starts for the public prosecution from the date of issuance and for each of the personal plaintiff, the defendant, the financially responsible, and the guarantor from the date of notification according to the procedures stated in Articles 147 and 148 of this law, and it is considered notified if it is proven that they were aware of it.
Title Fourth Deciding on Requests for Rehabilitation
Article 144
Rehabilitation may be granted to any person convicted of a felony or misdemeanor. The decision is issued by the Indictment Chamber of the jurisdiction where the convicted person resides, based on their request. Rehabilitation as stipulated in Articles 159 and 160 of the Penal Code is conducted according to the following procedures: A - The convicted person submits a request for rehabilitation to the Indictment Chamber. A copy of the judgment issued against them and a criminal record not older than one month from the date of the request must be attached. B - The Indictment Chamber appoints one of its members to verify that the request meets legal requirements and prepares a report to be submitted to the Chamber. The Indictment Chamber submits the request along with the report to the Public Prosecution for its opinion.
Article 145
If the Indictment Chamber decides to accept the request, a certified copy of its decision is sent to the Appellate Public Prosecutor, who forwards it to the Criminal Record Office for execution.
Article 146
If the Indictment Chamber decides to reject the request for rehabilitation, the applicant may not resubmit it before six months have passed from the date they were notified of the rejection decision.
Section Fifth Procedures for Serving Documents and Decisions Issued by the Judiciary
Article 147
Summons, memoranda, judgments, and decisions issued by the judiciary are served and judicial measures are executed by special security detachments directly subordinate to the Public Prosecutor, the First Investigating Judge, and the heads of competent bodies and courts. They are accountable to the head of the judicial body who assigns or tasks them with any notification or execution of any measure in case of their failure to do so within the specified time. The person serving the notification is not entitled to notify themselves, their spouse, their ascendants, descendants, in-laws, or other relatives up to the fourth degree. The notification document must include the name of the requester, the name of the serving officer, their address, the date of assignment, the name of the person to be notified, and their address. If it is a legal entity, it is notified at its main office. In addition to the above, the notification document must mention the criminal act subject to prosecution, investigation, or trial, the legal text punishing it, the judicial authority handling the case, and the status of the person to be notified: plaintiff, defendant, financially responsible, guarantor, witness, etc. The person tasked with the notification must execute the task without delay and make every effort to notify the intended person directly. The person intended to be notified must sign the original copy of the notification document and receive a copy of it. If they refuse to sign, are unable to do so, or refuse to receive the copy, the serving officer must note this on the original copy. If the person intended to be notified is not present at their residence or dwelling, they are notified through a family member, servant, or any other person residing with them in the same dwelling, provided it is apparent that they are an adult. It is also required that their interest does not conflict with the interest of the person to be notified. If they refuse to state their name, their relation to the person to be notified, or to receive a copy, the serving officer records their refusal and leaves them a copy of the notification document. If the person to be notified is a legal entity, they are notified through their legal representative, authorized signatory, or any person qualified to receive notifications on their behalf. A copy of the notification document is left with the notified party. Diplomatic and consular officials are notified of their summons through the Ministry of Foreign Affairs. Military personnel are notified of their summons through their unit commanders.
Article 148
If the person to be notified has no residence or dwelling, or if the serving officer finds no one to receive the notification at their residence or dwelling, the notification is carried out by affixing a copy of the notification document to the door of their last residence in a secure manner, delivering a second copy to the local mayor of their last residence, and affixing a third copy to the door of the judicial authority ordering the notification. The serving officer must record these procedures on the original copy of the document and return it to its authority. If the person to be notified has no last residence, the serving officer suffices by affixing a copy of the notification document to the door of the judicial authority ordering the notification.
Article 149
The notification must be completed at least three days before the date the notified person is to appear before the judicial authority ordering the notification unless otherwise provided by law. If the notification is directed to a person residing in a foreign country, it is done by registered mail with acknowledgment of receipt, through the Lebanese embassy or consulate in the mentioned country, or according to the rules established in local law. If notification is not possible, the court may consider the person to whom the notification is directed as having an unknown residence and proceed with notification according to the provisions of Article 148 of this law. If notification procedures, including the notification period, are not observed, the judicial authority must declare the notification null and void in the absence of the person to be notified and re-notify according to Article 148 of this law. If the person appears and requests the session to be postponed to another date before making any plea or defense in the case, the judge handling it decides to postpone it and notifies them of the new date. If they do not request this, the notification is considered valid. If the judicial authority declares the notification null due to an act related to the serving officer, they are fined an amount equivalent to the notification expenses and may be required, if necessary, to compensate the injured party for damages. The notification period does not include the hour and day it occurs. If the period ends on an official holiday or outside official working hours, it is extended to the next working day.
Section Sixth Judgment
Title First The Single Criminal Judge
Chapter One The Single Judge's Jurisdiction Over the Case
Article 150
The single judge considers cases of misdemeanors and violations except those excluded by a specific provision. The public prosecution does not represent before him.
Article 151
The single judge takes up the case in one of the following ways: A - Public prosecution claim. B - Direct lawsuit filed by the injured party, adopting the status of personal claimant. C - Indictment decision issued by the investigating judge or the indictment panel. D - Claim for compensation based on a decision of non-prosecution, acquittal, or annulment of proceedings. E - Decision to appoint the reference or transfer the case. F - In case a misdemeanor occurs during the trial session. G - Violations recorded in reports.
Article 152
The public prosecutor claims a misdemeanor against a person whose identity has been determined before the single judge. The claim includes a description of the alleged misdemeanor and the place of its commission, along with preliminary investigations, the complaint, and all documents justifying the prosecution. The public prosecutor may later claim against a person who was overlooked in the initial claim as long as the case is pending before the single judge. The latter may point out the oversight without binding the prosecutor. The public prosecutor may request the case file for review, provided it is returned within three days at most from the date of its submission. The public prosecutor must sign the document containing his claim and cannot withdraw or waive his claim. He cannot claim the same crime against the same person before the single judge if he has previously claimed it before the investigating judge.
Article 153
If a person is caught in flagrante delicto committing a misdemeanor warranting imprisonment, they are brought before the public prosecutor, who interrogates and claims against them, then refers them to the single judge for immediate trial or the following day, considering Article 108 of this law. The public prosecutor may issue an arrest warrant against them, executed immediately, before referral. If the defendant requests time before the single judge to consult a lawyer, they are granted a maximum of three days, non-extendable. The public prosecutor specifies the names of witnesses in the flagrante delicto misdemeanor. The single judge may decide to verbally notify them of the session date through the judicial police, security forces, or the bailiff's office. If any witness refuses to attend, the single judge may issue a summons against them.
Article 154
If the single judge finds that the case, in the flagrante delicto misdemeanor, is not ready for judgment, he decides to postpone it to another date not exceeding ten days. He may release the defendant automatically in the absence of a personal claim or upon their request, with or without bail, if he finds no necessity for continued detention, provided the released defendant establishes a residence in the town or city where the single judge's office is located. In this case, he may decide to impose a travel ban if deemed necessary for a period not exceeding two months. If the defendant requests release, a copy of their request is served to the personal claimant at their real residence within the single judge's jurisdiction or their chosen residence therein, who may comment on it within twenty-four hours of notification. The single judge makes a decision either granting or rejecting the request within a similar period. Both the personal claimant and the defendant may appeal the single judge's decision before the Court of Appeal within twenty-four hours of notification. The public prosecution may appeal it within twenty-four hours of its issuance.
Article 155
Any person harmed by a misdemeanor may file a direct complaint adopting the status of personal claimant before the single judge within whose jurisdiction the crime occurred, the defendant's residence, or the place of arrest. The complaint is registered at the single judge's office, who decides to require the complainant to pay an advance covering fees and judicial expenses, not exceeding one percent of the claim's value. Additionally, if the complainant is a foreigner, they are required to provide a bond, the type and amount of which are determined in the decision. The judge may exempt the complainant from paying the advance if their financial situation prevents payment. He may also exempt the foreign complainant from the bond for the same reason with a reasoned decision. The complaint in which the complainant adopts the status of personal claimant and pays the required amounts, unless exempted, initiates the public right action. If either condition is not met, it is considered a report. In this case, the judge decides to refer it to the public prosecutor to take a stance on initiating the public action. The complainant may withdraw their complaint. If they do so within two working days from submission, they are not liable for expenses incurred after withdrawal. Withdrawal does not affect the course of the public action except in cases where dropping the personal right action leads to dropping the public right action. If the public action is initiated by the public prosecution's claim, the injured party may claim their personal rights accordingly. In all cases, the personal claimant must establish a chosen residence within the city or town where the court's office is located and notify the court in writing of this residence.
Article 156
The single judge sets the trial session and summons the claimant, defendant, witnesses, the financially responsible party, and the guarantor. The single judge serves the defendant a copy of the direct complaint with its attachments at least three days before the session date.
Article 157
The defendant or their agent, without the presence of their client: 1- May raise one or more defenses stipulated in Article 73 of this law before interrogation. The single judge must serve the personal claimant a copy of the memorandum submitted by the defendant or their agent in this regard and grants them a maximum of five days to respond. After the deadline, the judge decides on the raised defense. The public prosecutor may appeal this decision within twenty-four hours of its issuance. The defendant or their agent, as well as the personal claimant or their agent, may appeal the decision within twenty-four hours of notification. 2 - May request the suspension of the effect of the absentee arrest warrant issued by the investigating judge against them until the case is adjudicated. The judge may decide, with or without bail, to suspend the execution of the absentee arrest warrant, provided the defendant commits to attending trial sessions. If they fail to attend any of these sessions without a legitimate excuse, the judge may revoke the suspension decision. The decision to suspend execution or revoke it is not subject to any form of review.
Article 158
If the investigating judge decides to indict the defendant for a misdemeanor or violation, the public prosecution refers the case file to the single judge within three days of its submission, unless the indictment decision is appealed. The same deadline applies to referring the indictment decision issued by the indictment panel. The single judge takes up the case based on the indictment decision.
Article 159
If the investigating judge decides to prevent the trial, for legal or factual reasons, against the defendant, he may claim, against the personal plaintiff, compensation for his damages before the competent single criminal judge in accordance with the provisions of Article 72 of this law.
Article 160
The single judge takes charge of the case when it is referred to him by a decision issued by the criminal chamber of the Court of Cassation as a result of deciding on a case of determining jurisdiction or transferring the case. If the criminal chamber of the Court of Cassation decides to annul the decision of the single judge declaring his lack of jurisdiction to hear the case, it returns the case to him or to another single judge within the same judicial district to consider it.
Article 161
If a misdemeanor occurs during the trial session before the single judge, a report is immediately drawn up in which the perpetrator is interrogated and witnesses are heard, if necessary, and the penalty required by the misdemeanor is decided in the same session. If a prison sentence is imposed, he may issue a warrant for the detention of the convicted person to be executed immediately. His decision is subject to appeal. If the act committed during the trial is of a criminal nature, a decision is made to detain the perpetrator, and a report of what happened is drawn up and referred to the public prosecution with a note indicating the detention of the perpetrator.
Article 162
The single criminal judge takes charge of the violations documented in reports organized by those entrusted by special laws with the task of organizing them and referring them to the competent court.
Chapter Second Trial Procedures before the Single Judge
Article 163
Upon the case being referred to the single judge's office, the court clerk shall prepare a report and the judge shall set a date for the session. The clerk shall then prepare the case documents for each of the plaintiff, the defendant, the financially responsible party, and the guarantor, and send them for notification. The summons must be served at least three days before the trial begins. In urgent cases, the judge may decide to shorten this period. If any of the aforementioned parties appear in court, having learned of the session date, they cannot claim not to have been served the summons or that the three-day period was not observed.
Article 164
Subject to the provisions of Article 165 of this law, the defendant who has been notified of the session date must personally appear in court. If the defendant is a legal entity, their legal representative or an attorney on their behalf must appear.
Article 165
The defendant must appear in person or send an attorney if the maximum penalty for the alleged crime does not exceed one year of imprisonment. In this case, the trial is considered to be in their presence. If they do not appear in person or are not represented by an attorney, they will be tried in absentia. If the judge finds it necessary for the defendant to appear personally, they will be notified through their attorney of the next session date for interrogation, and the decision must include the date and time of the session. If the defendant is absent, the judge may take their absence as evidence of the validity of the allegations. If the penalty for the alleged crime exceeds one year of imprisonment and the defendant does not appear in person despite being notified of the session date, they will be tried in absentia.
Article 166
If the defendant is detained and has been notified of the session date but refuses to attend without a legitimate excuse, the trial will proceed in absentia against them.
Article 167
If the crime attributed to the defendant is fully covered by a general amnesty, they may be represented by an attorney in the trial.
Article 168
Both the personal plaintiff and the financially responsible party and guarantor may be represented by an attorney in the trial. If the personal plaintiff fails to attend the trial session without an acceptable excuse and is not represented by an attorney despite being properly notified, they will be tried in absentia and the public case will proceed. The judgment issued as a result of the trial cannot be objected to by them but can be appealed. If the personal plaintiff attends one of the trial sessions, presents their claims, and then is absent from the remaining sessions without an acceptable excuse, the court may award them personal compensation even if they are tried in absentia as if present. If the financially responsible party or guarantor is absent from the trial session, is not represented by an attorney, and does not provide an acceptable excuse despite being properly notified, they will be tried in absentia. The judgment issued as a result of the trial cannot be objected to but can be appealed.
Article 169
If the defendant attends the trial session and then is absent from subsequent sessions without an acceptable excuse, the trial is considered to be in their presence.
Article 170
If the defendant is unable to attend court due to a significant health reason, and there are reasons not to postpone the trial, the single judge may move to the defendant's location after twenty-four hours of notifying them personally of the interrogation decision. A report of the proceedings is prepared and signed by the clerk and the defendant on each page. If the defendant is absent from the trial after this interrogation and the health excuse persists, they may be represented by an attorney; otherwise, they will be tried as if present. The personal plaintiff or their agent may attend these proceedings after being properly notified of their date.
Chapter Third Objection to the Default Judgment
Article 171
The absentia judgment must be notified to the convicted person according to the notification procedures specified in this law before sending the summary of this judgment for execution. The absentia judgment issued against the convicted person shall not be executed unless it is notified according to the procedures specified in Articles 147 and following of this law. The person convicted in absentia has the right to object to the absentia judgment within ten days from the date of its notification by submitting a petition to the court that issued the absentia judgment. If the notification does not comply with the mentioned provisions, he has the right to object to it throughout the period of the statute of limitations on the penalty imposed. If the convicted person is not notified of the absentia judgment, this judgment is considered the last judicial transaction, and the statute of limitations on the public right lawsuit begins to run from its issuance.
Article 172
The civil part of the absentia judgment becomes final after completing its notification procedures according to the notification provisions in the Code of Civil Procedure, and the person awarded personal compensation obtains an enforceable copy executed according to the provisions governing the execution of civil judgments. If, as a result of appealing the absentia judgment after executing its civil part, the convicted person is declared innocent or the proceedings against him are annulled, he has the right to request the executor to return what was received and for damages and compensation.
Article 173
The person convicted in absentia has the right to object to the absentia judgment issued against him in its entirety or to limit his objection to the civil obligations and compensations imposed. The objector may attend the trial sessions in person or send a lawyer on his behalf if the sentence imposed does not exceed one year of imprisonment or if his objection is limited to the civil obligations and compensations imposed. If he attends and his objection is submitted within the legal deadline and meets its formal requirements, the judge decides to annul the absentia judgment and consider it as if it never existed. The trial is conducted again according to the ordinary procedures. If the objector fails to attend the first session without an acceptable excuse, the judge, considering the second paragraph of this article, decides to reject the objection formally. His decision does not accept the objection but accepts the appeal that targets the first absentia judgment. The appeal period runs from the date of notification of the judgment issued as a result of the objection.
Article 174
If the defendant is justified in his objection, he is exempted from the costs of the absentia trial; otherwise, he is sentenced to them. The court, when deciding to reject the objection formally, may impose a fine on the objector ranging between five hundred thousand and one million Lebanese pounds.
Chapter Fourth Trial Procedures and Evidence Verification before the Single Judge
Article 175
The single judge considers the case personally, that is, with respect to the defendants. He is not entitled to address others unless a subsequent claim is made against them before the case is decided. If evidence is found against persons other than the defendants, he must prepare a report on the matter and refer it to the public prosecutor without delay.
Article 176
The single judge considers the facts stated in the public prosecution's claim, the direct complaint, or the indictment decision. He may address the circumstances and facts accompanying the alleged crime that could affect its description. The single judge is not bound by the legal description given to the alleged criminal act. If he considers that the alleged crime constitutes a felony, he declares his lack of jurisdiction to hear the case.
Article 177
If the single judge declares his lack of jurisdiction because the alleged act is a felony, he refers the case file to the public prosecutor. He may issue an arrest warrant against the defendant if the case was brought directly before him. However, if it was referred to him by the public prosecution's claim or based on an indictment decision, he suffices by declaring his lack of jurisdiction and referring the case to the public prosecutor.
Article 178
The trial is conducted publicly and orally, otherwise it is void unless the single judge decides to conduct it in secret for reasons of maintaining public order or public morals. In all cases, minors can be prevented from attending.
Article 179
Crimes alleged can be proven by all means of evidence unless a contrary provision exists. The judge cannot base his judgment except on the evidence available to him, provided it has been subject to public discussion during the trial. The judge evaluates the evidence to establish his personal conviction.
Article 180
At the start of the trial, the clerk reads the public prosecution's claim or the indictment decision or summarizes the facts stated in the direct complaint and the evidence against the defendant. The judge listens to the statements of the personal plaintiff or his agent. Then, he interrogates the defendant in the presence of his lawyer if he has appointed one to assist him in the case. If the defendant refuses to answer and remains silent, the judge or the plaintiff cannot force him to speak. The judge cannot take his silence as evidence of guilt.
Article 181
The parties to the case may request witnesses they name, and the single judge may summon any witness he deems beneficial to hear. The witness is not heard until after taking the following oath: "I swear by Almighty God to testify truthfully and nothing but the truth." This oath is recorded in the trial minutes. After the judge finishes hearing the witness, the personal plaintiff or his agent and the defendant or his agent may ask him questions related to the case through the judge. The judge may refuse to ask any question he deems unhelpful. If insisted upon, he must record the question and the decision to reject it. Every witness must be notified of their summons at least three days before the session date. If the witness appears in court, knowing he is summoned to testify, he cannot claim not being notified of his summons or the three-day notice period.
Article 182
After dismissing the other witnesses, the judge must ask the witness, before taking the oath mentioned in the previous article, about his name, surname, date of birth, parents' names, nationality, registration number, place of residence, and whether there is any kinship or enmity with the defendant. In principle, the testimony of the defendant's ascendants, descendants, siblings, and those of the same degree by marriage, and the spouse, even after divorce, is not accepted. The judge may hear the testimony of any of these if neither the personal plaintiff nor the defendant objects, and such testimony is not void. However, an objection by either party does not prevent the judge from hearing them for information purposes. The testimony of a minor under eighteen is only accepted for information purposes. Anyone under seven is only heard for information purposes with a reasoned decision.
Article 183
If the witness fails to appear despite being duly notified of his summons and does not provide an acceptable excuse, the judge may impose a fine ranging from one hundred thousand to five hundred thousand Lebanese pounds. A witness fined may request the judge to exempt him if he presents a legitimate excuse. The judge may decide to bring the witness who failed to appear a second time after notification and having been fined previously.
Article 184
The judge may decide on his own or at the request of one of the parties to the case to hear a witness present in the courtroom. If the witness does not speak Arabic or is deaf or mute, the judge appoints an interpreter for him, who takes an oath to perform the task honestly and faithfully.
Article 185
The testimony concerns the facts of the alleged crime, its circumstances, and the nature of the defendant's involvement. If the witness summoned before the single judge is the one who informed the competent authority of the crime, the judge must indicate this before hearing him. If the witness is an informant who reported the crime for a fee, the judge may hear him for information purposes.
Article 186
The witness gives his testimony orally. Neither the plaintiff nor the defendant nor their agents may interrupt him. The witness may ask the judge for permission to use documents or papers when giving his testimony. The judge may keep the witness outside the courtroom after hearing him to summon him again and listen to him anew or to confront him with other witnesses. The judge presents the criminal materials and evidentiary items to the witness and questions him about them, and may read to him his statement in the preliminary or investigative interrogation and clarify it and whether he supports it.
Article 187
No party in the case has the right to object to hearing a witness who has begun giving his testimony after taking the oath. The testimony of one of the defendants against his accomplices in the crime does not constitute sufficient evidence for proof. Its evaluation is left to the judge in light of the evidence available to him.
Article 188
If the judge finds that the witness is giving false testimony, he instructs the security forces to place him in the police station's detention and prepares a report to the public prosecutor on this matter, indicating the witness's detention. The public prosecutor may prosecute this witness for perjury according to the procedures.
Article 189
The witness signs the minutes of his testimony after it is read to him.
Article 190
The reports and records attached to the case file do not have evidentiary power unless they are correct in form and were prepared by someone within the limits of their function and jurisdiction, and they recorded what they saw, heard, or verified themselves. If the report is one that the law requires to be relied upon until proven forged, the judge must accept it. He may not allow personal evidence to be presented against it. If the report is one that the law grants evidentiary power until the contrary is proven, the defendant may prove otherwise with written evidence or testimony.
Article 191
After completing what the judge deems necessary to secure his conviction, he listens to the demands of the personal plaintiff or the pleading of his agent, then listens to the defendant or the pleading of his agent, then to the financially responsible party and the guarantor, if any, or their agent, ensuring that the final word remains with the defendant. The defendant may plead in defense of himself even in the presence of his agent.
Chapter Fifth Decisions Issued by the Single Criminal Judge Regarding Detention
Article 192
The single judge may decide to release the detained defendant after consulting the public prosecutor. The defendant submits his request for release to the single judge in two copies. A copy is delivered to the personal plaintiff, if present, at his chosen place of residence unless he has a real residence within the town or city where the court is located. If he has not chosen a residence, he is notified at the court registry. The personal plaintiff may object to the request within twenty-four hours from the date of notification. After the deadline, the single judge decides on the request. If the judge decides to release the defendant, the personal plaintiff may appeal the decision before the Court of Appeal to which the single judge belongs within twenty-four hours from the date of notification. If the request is denied, the defendant may appeal the decision from the date of notification within the same period. The public prosecutor may appeal the single judge's decision within twenty-four hours from the date of issuance. An appeal by the personal plaintiff or the public prosecutor within the legal deadline suspends the execution of the decision. Both the personal plaintiff and the defendant may appeal, within the aforementioned deadlines, the part related to the amount of bail in the release decision. The provisions of Article 108 of this law apply to the duration of detention and the travel ban.
Article 193
The single judge may issue an arrest warrant against the defendant if he is convicted in absentia with a prison sentence of more than one year, provided that the arrest decision is justified. The arrest warrant remains in effect despite the appeal of the judgment.
Chapter Sixth Judgments Issued by the Single Judge
Article 194
After the trial is concluded, the single judge issues his judgment at the end of the session or in a subsequent session. The judgment must be signed by the judge and the clerk, dated with its issuance date, and must include a clear presentation of the facts established by the judge, an analysis of the evidence supporting them, sufficient precision in the reasons and justifications for it, and the legal provisions applicable to the offense. It must mention the legal basis under which the single judge assumed jurisdiction over the case. The judge must decide on the defenses and issues raised before him by the parties to the case. He must decide on the public lawsuit and the civil lawsuit if it was filed following the public lawsuit or by direct complaint, and issue his judgment publicly. He may not address in his judgment facts not claimed or persons not accused.
Article 195
If the single judge finds that the facts established have a criminal description, he declares his lack of jurisdiction to consider them and refers the case file to the public prosecution. If during the investigation of the case, he discovers crimes not claimed or persons not accused, he refers the case file to the public prosecution to claim the acts or against the persons following its original claim or in an independent lawsuit.
Article 196
If the single judge finds that the alleged misdemeanor is complete in its elements and the evidence is sufficient to establish the causal link between it and the act of the accused, he confirms it, specifies the applicable legal provisions, and convicts the accused with the prescribed penalty, and awards all civil compensations and obligations to the personal plaintiff if requested and the conditions for judgment are met. If the imposed penalty is a fine or imprisonment with a suspended sentence, he orders the release of the convicted person if detained.
Article 197
If the judge finds that the evidence of the accused's involvement in committing the alleged misdemeanor is insufficient, he declares the latter's acquittal and orders his immediate release if detained. When acquitting the accused, he must award damages to the personal plaintiff if requested, in case the personal plaintiff exceeded his right to litigation. If the accused did not request compensation for the damage suffered during the criminal trial and until its conclusion, he may still request it before the same authority in an independent lawsuit within three months from the date of notification of the acquittal judgment or the decision confirming it.
Article 198
If the single judge finds that the alleged act does not constitute a criminal offense, is exempt from punishment, is not punishable by imprisonment, or the criminal nature has been removed for any reason, or the case has been dismissed for any reason, he orders the annulment of the proceedings against the accused and his immediate release if detained. The provisions of the previous article regarding the request for damages apply.
Article 199
If the single judge finds that the act constitutes an infraction, he rules accordingly and awards compensation to the injured party if requested. He must order the immediate release of the accused if detained.
Article 200
The costs of the lawsuit are charged to the party not entitled. The personal plaintiff may be exempted from all or part of the costs if the judge finds that he acted in good faith, unless he initiated the public lawsuit with his direct complaint.
Article 201
The single judge may decide on requests for the return of seized items even if he has ruled on the merits of the case and thus no longer has jurisdiction over it, unless his judgment is subject to appeal. The decision ordering the return of seized items or refusing their return is subject to appeal.
Article 202
The single judge may order part of the compensation awarded to the personal plaintiff to be executed immediately, even if his judgment is subject to appeal.
Chapter Seventh Summary Procedures
Article 203
The summary procedures apply to violations of municipal, health, and traffic regulations. When a violation of the aforementioned regulations occurs, whether it warrants a disciplinary or misdemeanor penalty, the report that establishes it is sent to the single judge who imposes the penalty required by law without summoning the defendant. The judge issues his ruling within ten days unless the law requires a shorter period.
Article 204
The facts established by the report are considered correct unless it is found that there is a violation of the procedures in its organization. The judge must describe the facts, specify the applicable legal article, and impose the penalty on the defendant unless it is found: A - That the act attributed to the defendant does not constitute a crime or is completely exempt from punishment. B - That he is not competent to consider the violation. C - That the public right lawsuit has been dropped for some reason. If he decides to declare his incompetence, he administratively refers the case file to the competent single judge.
Article 205
The decision issued by the single judge in one of the mentioned violations is considered enforceable unless the convicted person, within ten days from the date of notification, objects to it according to the ordinary procedures. The public prosecutor can object to the decision within ten days from its issuance according to the ordinary procedures. If the objection is dismissed in form, the penalty imposed is increased by half as a maximum.
Article 206
The summary procedures mentioned above do not apply when there is a personal plaintiff in the case.
Article 207
After the judgment becomes final and justified, either by the expiration of the objection period, the withdrawal of the objector from his objection, or the dismissal of the objection, the clerk sends a summary of the judgment, marked "Enforceable," to the public prosecution within five days from the finalization of the judgment. If the clerk does not comply with the provisions of this article, he is fined, by a decision issued by the single judge, an amount ranging between one hundred thousand and five hundred thousand Lebanese pounds.
Title Second Court of Appeal as an Appellate Authority for Judgments and Decisions of the Single Judge
Chapter One Exercise of the Right of Appeal
Article 208
The defendant, the convicted person, has the right to appeal the initial judgment, whether regarding its decision on the penalty or compensation. He has the right to appeal the judgment acquitting him if it obliges him to pay all or part of the legal expenses and the judgment that awarded him compensation for the plaintiff's abuse of his right to sue.
Article 209
The financially responsible party or guarantor has the right to appeal the judgment that obliges him, jointly with the convicted defendant, to compensate the personal plaintiff. He can appeal this judgment alone even if the defendant has accepted it. In this latter case, he alone benefits from his appeal.
Article 210
The personal plaintiff has the right to appeal the part of the judgment related to the civil lawsuit. If the civil lawsuit was dismissed following an acquittal judgment, he has the right to appeal the judgment dismissing it even if the acquittal judgment has become final due to the public prosecution not appealing. He has the right to appeal the paragraph of the judgment obliging him to compensate the defendant.
Article 211
The appellate public prosecution has the right to appeal judgments concerning the public lawsuit. The cassation public prosecution can request in writing from the appellate public prosecution to appeal an initial judgment that acquitted the defendant, annulled the proceedings against him, dropped the public right lawsuit against him, or declared the court's lack of jurisdiction to hear the case.
Chapter Second Judgments That Can Be Appealed
Article 212
Appeals are accepted for judgments issued in misdemeanor cases. Appeals are not accepted for judgments issued in violations unless they rule: A - Imprisonment, disciplinary detention, or a fine exceeding five hundred thousand Lebanese pounds. B - An additional or subsidiary penalty or personal compensation exceeding five hundred thousand Lebanese pounds. C - Rejection of a plea from the pleas stipulated in Article 73 of this law. D - A penalty for a violation associated with a misdemeanor.
Article 213
Non-final decisions on the merits of the dispute may not be appealed except with the final judgment. Exceptions to this principle include decisions that resolve one or more of the pleas stipulated in Article 73 of this law, decisions on release, and decisions by which the single judge concludes the case without addressing the merits.
Chapter Third Formal Conditions for Accepting the Appeal
Article 214
Each of the personal plaintiff, the defendant, the financially responsible party, and the guarantor has the right to appeal the primary judgment within fifteen days from the date of its issuance if it was in person, and from the date of its notification if it was considered as in person or in absentia, or if it was a judgment dismissing the objection in form. The public prosecutor has the right to appeal the judgment within one month from the date of its issuance. The rules mentioned in Articles 165 to 170 of this law apply to the description of the judgment as in absentia or in person.
Article 215
If the judgment is not issued on the date specified in the final session for its issuance, each party to the lawsuit has the right to appeal it within fifteen days from the date of its notification.
Article 216
Anyone who did not appeal the primary judgment, from the parties to the lawsuit, within the fifteen-day period, may submit a subsidiary appeal within five days from the date of being informed of the date of the first appellate session if one of the parties to the lawsuit has filed an original appeal. The dismissal of the original appeal for a formal reason entails the dismissal of the subsidiary appeal.
Article 217
The appeal is submitted, through an appellate lawyer, to the Court of Appeal to which the judge who issued the appealed judgment belongs or through him. The appeal must include the reasons presented by the submitter and his demands.
Article 218
If the appeal is submitted through the single judge who issued the appealed judgment, he must send the appeal with the case file within three days from the date of its submission. If the convicted person is detained, the public prosecution may order his transfer to the detention place located at the Court of Appeal. If the duration of his sentence expires before his appeal is decided, the public prosecution shall release him immediately.
Chapter Fourth Effects of Appeal and Procedures of Trial at the Court of Appeal
Article 219
The initial judgment cannot be executed before the expiration of the appeal period or before it is decided upon when appealed. The appeal suspends the execution of the appealed judgment. However, what the single judge decides as a temporary advance from the principal compensation for the personal plaintiff is subject to expedited execution unless the Court of Appeal decides otherwise within the framework of reviewing the appealed initial judgment. The arrest warrant issued by the single judge pursuant to Article 193 of this law remains in effect unless the Court of Appeal decides to release the detainee.
Article 220
The appeal by the public prosecutor reopens the entire public case before the Court of Appeal unless it pertains to a specific part, in which case its effect is limited to that part. As for the appeal submitted by the defendant, it binds the Court of Appeal within the limits of what was appealed from the judgment. The Court of Appeal cannot consider new facts that may constitute crimes and were not presented to the single judge who issued the appealed judgment.
Article 221
If the defendant appeals the initial judgment without the other parties, the Court of Appeal cannot increase the penalty imposed on him or the compensations awarded to the personal plaintiff.
Article 222
The appeal by the personal plaintiff alone reopens the civil aspect of the case before the Court of Appeal. The Court of Appeal cannot reduce the compensations awarded to him.
Article 223
The Court of Appeal sets a date for the trial and adheres to the regular procedures that organize the trial before the single judge. The public prosecution is represented by the public prosecutor or one of the public attorneys. It listens to the demands of the personal plaintiff or his agent if either is present, to the pleading of the public prosecution representative, then to the pleading of the defense attorney and the defendant himself if he requests it. If it is satisfied with the facts and evidence contained in the case file, it concludes the trial and issues the judgment at the end of the session or sets another date for its issuance.
Article 224
If the court sees the need to expand the investigation, it summons witnesses and conducts the investigative procedures it deems useful, either in a public session or by assigning one of its members to conduct an additional investigation according to regular procedures. Upon completion of the additional investigation, its documents are added to the case file, and all parties in the case have the right to review and discuss it in a public session.
Article 225
After the Court of Appeal completes its investigative procedures, it issues a decision to annul, amend, or confirm the appealed judgment based on the reasoning it adopts in place of the reasoning contained therein.
Article 226
If the court annuls the appealed judgment and declares the defendant's innocence or nullifies the proceedings against him, it simultaneously orders his release if detained and dismisses the civil case. The defendant, whose innocence is declared or against whom proceedings are nullified, may demand compensation from the plaintiff who exceeded his right to litigate, for the damage he suffered, according to the provisions of Article 197 of this law.
Article 227
If the public prosecution appeals the initial judgment, the entire case is reopened before the Court of Appeal. If the court finds that the facts available in the case constitute a criminal description, it decides to annul the appealed judgment and declares its lack of jurisdiction. It may issue an arrest warrant against the defendant and refer the case file to the public prosecution to present it before the investigating judge. The jurisdictional dispute is resolved, upon the finalization of its decision, by appointing the reference.
Article 228
If it is established to the Court of Appeal that the single judge who issued the appealed judgment was not competent to hear the case, it suffices to annul the judgment for lack of jurisdiction and to deposit the case file with the public prosecution for necessary action.
Article 229
If the Court of Appeal finds that the act subject of the case is of the nature of a violation, it rules on it after annulling the appealed judgment.
Article 230
If the Court of Appeal annuls the appealed judgment for violating the law or for breaching fundamental procedural rules, it addresses the merits of the case and decides on it.
Article 231
An objection to the default judgment issued by the Court of Appeal is permissible according to the procedures governing objections to the default judgment issued by the single judge and within the same period.
Article 232
The Court of Appeal may decide, after consulting the public prosecution, to release the detained defendant. Its decision is not subject to any form of review.
Title Third Criminal Court
Chapter One General Provisions
Article 233
The Criminal Court is composed of a president and advisors. It convenes in the presence of the public prosecutor or the public attorney and the clerk. It takes up the case based on an indictment decision accompanied by a public prosecution claim. The court considers crimes of a criminal nature and misdemeanors associated with them. It is not allowed to consider any criminal act not covered by the indictment decision or to try a person not accused in it. It may change the legal description of the acts subject to the indictment decision.
Article 234
No one who has previously participated in the prosecution or investigation of the case or was a member of the indictment body that issued the indictment decision may participate in the formation of the Criminal Court.
Article 235
At the beginning of each session, the trial record must include the names of the president of the court, its advisors, the public prosecutor's representative, the clerk, and the time the session was opened, and all must sign the record at the end of each session, except for the public prosecutor's representative. If any of them fails to sign, the session is void. All investigation and trial procedures are recorded in the minutes. The president dictates to the clerk what should be recorded.
Chapter Second Actions Preparatory to Trial Before the Criminal Court
Article 236
The public prosecutor prepares a list of public right witnesses and notifies the accused with a copy of it and the indictment decision. After completing the notification process, the public prosecution sends the case file to the criminal court after ordering the transfer of the detained accused to the detention location under its jurisdiction. A trial conducted without public right witnesses and the judgment issued as a result are subject to annulment.
Article 237
The president of the court, or one of his appointed advisors, interrogates the accused after bringing him in and before the trial session. If the accused is not detained, the president of the court issues a grace decision against him, inviting him to surrender himself within twenty-four hours from the start of the trial. If he surrenders himself within the mentioned period, he remains detained until a decision is made to release him. If he refuses without an acceptable excuse, he is considered a fugitive from justice, and the arrest warrant issued against him is put into effect. If he has not appointed a lawyer, the president or the appointed advisor must request the Bar Association president to appoint a lawyer to defend him within twenty-four hours from the time of notification or appoint one himself. A record of the preliminary interrogation is made, signed by the president or the appointed advisor, the accused, and the clerk.
Article 238
The preliminary interrogation involves asking the accused whether he has been notified of the indictment decision and the list of public right witnesses, and whether he has appointed a lawyer to assist him in the trial, as well as asking about his social status and his observations on the charge against him and the investigations conducted. If he has not appointed a lawyer, the president or the appointed advisor must request the Bar Association president to appoint a lawyer to defend him within twenty-four hours from the time of notification or appoint one himself. A record of the preliminary interrogation is made, signed by the president or the appointed advisor, the accused, and the clerk.
Chapter Third Trial Proceedings
Article 239
All parties have the right to review the case file and obtain a copy of it.
Article 240
The civil plaintiff before the Criminal Court is required to appoint a lawyer to defend them. If multiple individuals are accused of committing a single felony or related felonies, and separate indictment decisions are issued against each or some of them, the court president may decide to consolidate the decisions into a single case.
Article 241
If the indictment decision includes unrelated felonies, the court president may decide to start the trial of the accused for some of these felonies and then for the others.
Article 242
The president of the Criminal Court sets the trial date and summons the civil plaintiff and witnesses. They also issue a notice granting the accused, who was released during the preliminary investigation, a deadline to surrender to the court within twenty-four hours before the trial begins. This deadline applies from the date of notification of this decision in accordance with the provisions of Articles 147, 148, and 149 of this law. If the accused surrenders within the deadline, they will be tried in person, and the arrest warrant will be executed against them. If they do not, they will be tried in absentia, and the procedures for trying a fugitive from justice will apply.
Article 243
Before ruling on the subject of the case, the court makes the following decisions: A - The decision that rules on the plea of incompetence based on the fact that the accused was a minor at the time of the felony they are accused of. If the court declares its incompetence, and there is another accused in the case, the separation procedure is conducted, and the minor's file is referred to the public prosecution to be submitted to the juvenile court. B - The decision that rules on one or more procedural defenses raised by the parties to the case. C - The decision that rules on the substantive defense reasons. D - The decision to suspend the execution of the arrest warrant until the formation of the adversarial process before the court is complete if the accused was released during the preliminary investigation. E - The decision to release the detained accused. The release is conditional upon the accused choosing a designated residence within the town or city where the court is located to receive its papers and notices and surrendering to it twenty-four hours before each session and paying the bail set by the court, provided they remain detained from the end of the trial session until the verdict is issued. If they miss a session without an acceptable excuse, they are considered a fugitive from justice, and the procedures for trying a fugitive apply. The court may decide to prohibit the released accused from traveling until the verdict is issued and executed. The court cannot make its decision on the release request without consulting the public prosecution. The court must observe the provisions of Article 108 of this law. The decision ruling on the release request of the accused is not subject to any form of review.
Article 244
The parties to the case, before and during the trial, may request the summoning of witnesses they name. The list of witnesses named by the accused must be communicated to the public prosecutor and the civil plaintiff at least twenty-four hours before their hearing. Similarly, the accused must be informed of the list of witnesses named by the civil plaintiff or the public prosecutor within the same timeframe. The court president may decide on their own to summon experts who have performed technical tasks in the case for clarification and witnesses whose testimony is deemed beneficial. Each of the accused and the civil plaintiff bears the expenses of summoning and transporting the witnesses they named.
Article 245
If the court president finds, before the trial begins, that the case data is incomplete, they may decide to conduct additional investigations in the presence of the parties, either personally or by appointing one of the advisors for this purpose. After completing the additional investigation, the records prepared are added to the case file.
Article 246
The court president oversees maintaining order inside the courtroom and takes necessary measures for the proper conduct of the trial. Security personnel assigned to maintain order in the court must follow their orders in this regard. If someone in the courtroom causes a disturbance, the president may order their removal. If they resist the order, the president may order their detention for twenty-four hours. If their behavior constitutes a misdemeanor, a report is prepared on their act, and the court immediately considers it, conducts an in-person trial, and imposes the penalty immediately.
Article 247
The president has discretionary authority to take measures deemed necessary to uncover the truth, provided they do not indicate a preconceived opinion on the case.
Article 248
The president manages the session and discussions in the order they deem appropriate. They may reject any request that would unnecessarily prolong the trial. They must listen to witnesses after administering the oath unless one of the parties objects to hearing some of them for legal reasons, in which case they decide to dismiss or hear them for informational purposes. They may impose a fine on a witness who refuses to attend after being duly summoned, ranging from one hundred thousand to five hundred thousand Lebanese pounds. A witness fined may request the president to exempt them if they provide an acceptable excuse. The court president may decide to summon a witness who failed to attend a second time after being notified and previously fined. The president may decide to include documents and papers deemed necessary to reveal the truth. They read them along with the letters and documents contained in the case file. They may refer to the initial or preliminary investigation to discuss statements made therein, seek expertise to clarify technical points, and delegate the hearing of a witness residing outside their area to the investigating judge where the witness resides or lives within their jurisdiction.
Article 249
The trial before the Criminal Court is conducted publicly unless the president decides to conduct it privately to preserve time or public morals. Trial sessions continue day after day until the case is resolved unless the case situation necessitates postponing one of these sessions to a near date. Minutes of the trial proceedings are prepared and signed by the court panel along with the clerk. If the civil plaintiff is absent from the trial without a legitimate excuse, they are tried in absentia, and the case proceeds in the name of public right. If they attend one of its sessions and present their claims, the court may award them personal compensation.
Article 250
The trial is conducted orally. The president may decide to record it in audio or visual form. All evidence to be relied upon for resolving the case must be subject to public discussion among the parties, and the criminal materials must be presented, and the records proving their seizure must be read. Each party may take a position on them.
Article 251
The accused appears before the court, in the session prepared for his trial, without restraint. He is guarded by members of the security forces to prevent his escape. The president asks him about his name, surname, the names of his parents, nationality, date and place of birth, civil registry number, place of residence, type of work, educational level, and whether he is married or single, whether he has been previously convicted, the type of crime he was convicted of, and whether he has served his sentence. He is also asked whether he has appointed a lawyer to defend him. The trial does not proceed in the absence of the defendant's lawyer. If the defendant has not appointed a lawyer, the president of the court may request the head of the bar association to appoint a lawyer to defend the defendant or appoint one himself. If the defendant insists on refusing to appoint any lawyer to defend him, he will be tried in this case without a lawyer.
Article 252
The president warns the accused of the need to listen to the facts contained in the indictment. The president, or the counselor he appoints, reads the indictment clearly. The personal plaintiff, the public prosecutor, or the accused may not interrupt the reading with any remarks. After the reading, the president summarizes for the accused the facts against him in the indictment, the evidence supporting them, and their legal description. Then the personal plaintiff reiterates his claim and states his demands or waives his rights in the case. After that, the public prosecutor explains the reasons for the accusation and presents a list of public witnesses. The court clerk reads the list aloud. In accordance with Article 244, the personal plaintiff, the public prosecutor, and the accused have the right to object to hearing a witness not listed in the notified list. The court decides on the objection in the same session or the next session. The president of the court may, at his discretion, decide to hear all the witnesses listed or some of them, and he may hear one or more witnesses not listed.
Article 253
Before the president of the court interrogates the accused, he orders the witnesses to be taken to the room prepared for them, where some security personnel guard them and prevent them from disclosing what they will testify. After the witnesses are brought in, the president begins by asking the accused whether he admits to the charge against him. Following that, he continues the interrogation after noting the accused's ability to understand the questions posed to him and that he gives his statements freely. If the accused refuses to answer and remains silent, he cannot be forced to speak. If he suffers from a physical, mental, or psychological illness, or pretends to do so during interrogation, the court, on its own or at the request of the parties, seeks medical expertise to determine his condition. The doctor assigned to examine him must record in his report what relates to the condition he is asked to diagnose. He may not exploit his mission to compel the accused to disclose information related to the crime he is being tried for. After the president finishes interrogating the accused, each of the court counselors, the personal plaintiff, the public prosecutor, and the defense attorney has the right to ask him questions through the president, who has the right to reject any question he deems irrelevant or unproductive in revealing the truth. The questions and answers are recorded in the trial minutes with sufficient accuracy and clarity.
Article 254
If the accused is mute or deaf, the president of the court seeks the assistance of someone who can communicate with him through sign language or otherwise, after swearing him in to be truthful and honest in his work. If the deaf or mute person knows how to write, the interrogation is conducted by writing the questions and recording the answers. If the accused does not understand Arabic, the president of the court appoints a competent translator and swears him in to perform his work truthfully and honestly. After the interrogation, the accused's statement is read to him clearly, and he either confirms it or makes remarks about it if necessary, which are recorded in the trial minutes.
Article 255
After completing the interrogation of the accused, the president summons each of the witnesses to testify separately. The witness is asked about his name, the names of his parents, his place of residence or domicile, his age, and the extent of his knowledge or relationship with both the accused and the personal plaintiff, and whether he is related to either of them, and if so, the degree of relation. Then he is sworn in with the following oath: "I swear by Almighty God to testify the truth, the whole truth, and nothing but the truth." After that, he gives his testimony orally, which the clerk records in the trial minutes. If the witness does not take the oath in the specified form, his testimony is invalid unless the president exempts him from taking the oath after proving that he belongs to a sect that prohibits him from taking an oath.
Article 256
The court listens for informational purposes to each of the following: A- The accused's ascendants and descendants. B- His brothers and sisters or siblings by marriage who are in the same degree. C- The accused's spouse, even after divorce. D- The personal plaintiff. E- A minor under the age of eighteen. The court may hear the testimony of any of these individuals after swearing them in if none of the parties to the case objects.
Article 257
The testimony of an informant who reported the crime to the competent authority without charge or reward for his information is accepted. For this purpose, the public prosecutor must state the informant's status before hearing him. If the informant has received a fee for his information or any reward, his testimony is not accepted if one of the parties to the case objects. The president of the court may still listen to him for informational purposes. The judicial officer is prohibited from mentioning the informant's name when giving his testimony.
Article 258
No one is compelled to testify if they are bound by professional secrecy, and the subject of the testimony would reveal a secret they are entrusted to keep. If the witness claims professional secrecy and a dispute arises over his invocation of it, the court decides the dispute in light of the law governing his profession and the nature of his work in it.
Article 259
The court may hear a witness who appears without being summoned if his name is listed in one of the lists of witnesses scheduled to be heard.
Article 260
A witness may not be interrupted while giving his testimony. Each of the personal plaintiff, the public prosecutor, the court counselors, and the accused may ask questions to the witness through the president. The president of the court may decide to reject any question that does not help in revealing the truth. When the witness finishes giving his statement, the president asks him whether the accused present in the dock is the one he referred to in his testimony. Then the accused is asked about his position regarding the witness's statement. He may conduct any confrontation he deems necessary between the accused and the witness to reveal the truth. The witness's statement is read aloud, and he confirms it. The witness may not leave the courtroom after giving his testimony unless the president permits it.
Article 261
If a discrepancy or change appears between the witness's testimony and their statements in the preliminary or initial investigation, the president orders the court clerk to record it. Each of the personal plaintiff, the public prosecutor, and the accused may request that this discrepancy or change be recorded in the trial record. If this discrepancy or change in the witness's statement leads to the belief that the witness is lying in their testimony, the court president may order, either automatically or at the request of the aforementioned parties, to detain them. The public prosecutor is responsible for prosecuting them for perjury. This prosecution is recorded in the trial record. Subsequently, the court president or a designated advisor investigates the witness for the alleged crime of perjury. The investigator questions the accused witness and gathers evidence on the alleged crime without expressing an opinion on the investigation conducted. After concluding the investigation, it is referred to the public prosecutor, who provides their opinion and submits it to the indictment chamber. This chamber may issue a decision regarding the indictment or lack thereof. If the chamber decides to indict the witness for the felony of perjury, the court will adjudicate it before or alongside the original case. The decision of the indictment chamber is subject to appeal before the Court of Cassation.
Article 262
In the event of a perjury charge, as outlined in the previous article, each of the public prosecutor, the personal plaintiff, and the accused may request to postpone the session in the original case until the perjury case is resolved. The court decides on the request. The court may also decide to do so on its own initiative.
Article 263
After the witness gives their testimony, the court president may order, either on their own or at the request of the public prosecutor, the accused, or the personal plaintiff, to remove any desired witnesses from the courtroom and then bring one or more of those removed back to testify again separately or in the presence of others, or some of them, to conduct a confrontation between them, to present the seized criminal materials to them, and to discuss them with the accused.
Article 264
The court president may, before or during the hearing of a witness, temporarily remove the accused from the courtroom to clarify matters with the witness alone or together with others. The accused's attorney remains present during the clarification of the witness. If the attorney leaves, their departure does not invalidate the testimony given in their absence. However, the court may not continue the trial until the accused is returned to the courtroom and informed of the testimony given in their absence. If the accused causes a disturbance or commotion in the courtroom during the hearing of a witness or during the trial, the court president warns them to stop. If they persist, the president orders their removal from the courtroom and continues the trial in their absence. After the session ends, the court president orders the accused to be informed of the proceedings that took place after their removal, and this notification is recorded in the trial record.
Article 265
A witness who has been fined may object to it before the court. The court assesses the excuse provided and decides on the objection with a decision that is not subject to any form of appeal. The imposed fine is executed in the same manner as judgments imposing fines.
Article 266
If the court decides to refrain from repeatedly summoning a witness who could not be properly notified of the summons, it publicly reads their initial or preliminary statement and puts it up for discussion. If it is found that the witness did not take an oath before giving their testimony, the court president may summon them again, administer the oath in a public session, and ask if they affirm their previous testimony. If they do, the court may then rely on it in its judgment.
Article 267
If the witness is deaf or mute or does not understand Arabic, the provisions of Article 254 of this law apply to hearing their testimony.
Article 268
If the court decides to move to the crime scene, it sets a date and informs all parties in the case. If any party does not attend at the specified time, the inspection is conducted in their absence, and they may review it in the case file.
Article 269
The court president or a designated advisor may conduct additional investigations in the case before the court and organize a report on the inspection of evidence likely to disappear that may help uncover the truth or listen to the testimony of a witness near death. The investigator organizes reports documenting what they have seized or heard and sends them to the court, which puts them up for public discussion.
Article 270
After the court finishes hearing the witnesses, gathering evidence, and putting it up for discussion, it gives the floor to the personal plaintiff to present their demands. Then the public prosecutor pleads and presents the evidence and arguments they see fit, concluding with their demands. Afterward, the defense attorney pleads on behalf of their client and also specifies their demands. Then the court listens to the final statement of the accused and decides to close the trial.
Article 271
Each of the personal plaintiff, the public prosecutor, and the accused may request, after the trial is closed, to reopen it by presenting the reasons supporting their request. The court decides to grant the request if it appears serious and worthy of acceptance or if it contains important reasons that warrant further discussion.
Article 272
After the court president announces the closure of the trial, they and their advisors retire to the deliberation room to discuss the case, review the indictment decision, the final investigation conducted by the court, the documents and records attached to the case file, the demands of the personal plaintiff, the pleadings of the public prosecutor, the defense attorney's pleadings, and the final statement of the accused. The court then deliberates on everything it has reviewed and issues its judgment on the same day or within a maximum period of ten days by unanimous or majority vote, signed by the president, advisors, and clerk. Failure of any court member to sign the judgment renders it void. If a court member dissents from the judgment, their dissent is recorded and signed.
Article 273
If the court establishes the occurrence of the act, verifies its criminal description, and finds evidence of its attribution to the accused, it convicts them and determines the penalty to be imposed. It also awards compensation to the personal plaintiff if requested. It orders the confiscation of seized items or their return if there is no reason for confiscation. It may also impose one or more precautionary measures and one or more subsidiary or additional penalties. The court may decide to merge the principal penalties in accordance with the provisions of Article 205 of the Penal Code.
Article 274
If the court finds that the evidence available in the case file is insufficient to convict the accused, it shall declare his acquittal. If it finds that the act attributed to the accused does not constitute a crime or does not warrant punishment, it shall dismiss the proceedings against him. If it finds that the elements of the felony attributed to the accused are incomplete and that the act constitutes a misdemeanor, it shall amend the description in the indictment decision and convict the accused of the misdemeanor and impose its penalty. The judgment of the criminal court must include the following: A - Mention of the indictment decision by which the court took cognizance of the case and reference to the public prosecution's claim before it according to the indictment decision. B - A clear summary of the personal plaintiff's demands and the pleadings of both the public prosecutor's representative and the accused's attorney, and a reference to what the accused said in his final statement. C - A clear summary of the facts derived from the indictment decision and the trial proceedings. D - A refutation of the evidence and the reasons justifying conviction or lack thereof. E - A statement of the nature of the crime, the legal description applicable to it, and the legal article that establishes it. F - Determination of the penalty following the conviction. G - Determination of the amount of personal compensation. H - Obligation to pay the case fees and its legal expenses. The court must state in its judgment the material aggravating reasons, then the excuses, then the personal aggravating reasons, and then the mitigating reasons. The court, if a justification reason is found in the act of the accused, must verify its occurrence before deciding the absence of criminal nature of this act and thus the non-responsibility of the accused. In all cases, it must decide on every plea it previously joined to the merits, on every defense reason, and on every request from the parties to the case. Its judgment must be sufficiently reasoned, without ambiguity, obscurity, or contradiction.
Article 275
The president of the court or one of his appointed advisors shall read the judgment in a public session attended by the public prosecutor's representative, the accused, and the personal plaintiff. If the accused or the personal plaintiff is absent, the reading shall proceed in their absence. The court clerk signs the judgment after it is read. Then a record of the judgment reading is prepared, dictated by the president, which may include a summary of the judgment. The president, the advisors, and the clerk sign this record. If the convicted accused causes a commotion, noise, or disturbance during the reading of the judgment, the president orders his removal from the courtroom and continues reading the judgment in his absence. If the act caused by the convicted accused constitutes a criminal act of the misdemeanor type, the president prepares a report on it, and the court considers the misdemeanor act and immediately sentences him to the penalty of the crime. He has the right to defend himself during his trial for the misdemeanor he committed.
Article 276
If the court acquits the accused or dismisses the proceedings against him, it shall order his immediate release unless he is detained for another reason. He cannot be prosecuted again for the same act even if it is given a different description. If it becomes apparent to the court during the trial that the accused committed a crime not included in the indictment decision, it must order his detention, if the act is of the felony type, and refer him to the public prosecution to prosecute him and refer him to the competent judicial authority. If the act is of the misdemeanor type, a report is prepared and referred to the public prosecution. If it becomes apparent that another person committed the act attributed to the accused, it decides, after declaring the accused's acquittal, to send the case file to the public prosecution to prosecute the suspect and refer him to the competent judicial authority.
Article 277
The accused may demand, until the announcement of the end of the trial, compensation for his damage against the personal plaintiff for exceeding the limits of good faith in his lawsuit, for abusing the right to sue, or for committing an error in its practice. The criminal court shall award him adequate compensation for his damage when it issues a judgment declaring his acquittal or dismissing the proceedings against him.
Article 278
If the judgment declaring the accused's acquittal is based on lack of evidence, insufficient evidence, or doubt, the personal plaintiff may demand compensation for the damage caused by his mistake and derived from the acts mentioned in the indictment decision before the criminal court. If he neglected to demand compensation during the trial and until its conclusion, he may still demand it according to the provisions of the previous article.
Article 279
If the court considers that the act attributed to the accused does not constitute a felony but a misdemeanor or an infraction, or if the legal text is amended so that the description of the act becomes of the misdemeanor or infraction type, the court retains jurisdiction over the case and rules on it.
Article 280
The personal plaintiff is sentenced to pay the case fees and its expenses when the judgment declares the accused's acquittal or dismisses the proceedings against him. He may be exempted from them wholly or partially if it is found that he acted in good faith and that the public prosecution initiated the public lawsuit. However, if the personal plaintiff initiated the public lawsuit with his direct complaint in which he took the status of personal plaintiff, he cannot be exempted. If he advanced an amount of money in his personal claim, the amount exceeding the case fees and its expenses is returned to him.
Article 281
The judgment issued by the criminal court is recorded in a special register of judgments. The original judgment is kept in the case file and signed by the body that issued it at the end of its registration in the register, in addition to the clerk.
Chapter Fourth Procedures for the Trial of a Fugitive Defendant
Article 282
If the indictment chamber decides to indict a person, it issues an arrest warrant against them. The public prosecution is responsible for notifying the accused with a copy of the indictment, the list of public witnesses, and the arrest warrant according to the procedures outlined in Articles 147, 148, and 149 of this law, and refers the case file to the criminal court accompanied by its indictment according to the indictment decision. It is not permissible to prosecute contrary to what is stated in the indictment paragraph.
Article 283
As soon as the file reaches the court, its president sets a session to consider it. A decision is issued calling the accused to surrender to the court within twenty-four hours before the trial begins. If this decision is notified and the accused refrains from surrendering, the court decides to try them in absentia, considers them a fugitive from justice, issues an order to enforce the arrest warrant issued against them, and rules to strip them of their civil rights, prevent them from disposing of their assets, and from filing any lawsuit not related to their personal status throughout the period of their escape, and appoints a custodian to manage the fugitive's assets during this period. The custodian is not entitled to dispose of the convicted person's assets except with a special permission from the criminal court. The public prosecution notifies the court's decision to the real estate registry office to place its indication ex officio on the real estate records of the accused.
Article 284
The decision is notified to the accused by publishing and posting it for ten days on the door of their last residence, in the square of their town, and on the door of the courtroom. If they have no known residence or dwelling in Lebanon, they are exceptionally notified by publishing the decision at the state's expense in two local newspapers designated by the court and in the official gazette, and by posting it on the door of the criminal court's office.
Article 285
The fugitive accused is not entitled to be represented in the in absentia trial by an attorney. However, this attorney can present an excuse on behalf of their client after proving their representation. If the court accepts the excuse, after verifying its validity, it postpones the trial to another date. If the accused does not surrender themselves within twenty-four hours before the new date to the court, the in absentia trial continues against them.
Article 286
After the court decides to try the accused in absentia, the president orders the reading of the indictment decision, the notification of the decision, and the record proving its publication and posting. Then, it listens to the statements of the personal plaintiff and the pleadings of the public prosecutor's representative and concludes the trial.
Article 287
The court, after forming its conviction, either acquits the accused or convicts them, imposes the penalty, confirms the management of their fixed and movable assets by the appointed custodian if not appointed during the trial, and insists on enforcing the arrest warrant against them. The accused remains deprived of their civil rights from the date of the judgment until the penalty imposed is nullified by the passage of time, their surrender, or their death.
Article 288
The public prosecution publishes a summary of the judgment in the official gazette and in one of the local daily newspapers within eight days from its issuance. A copy is posted on the door of the accused's last residence, another in the square of their town, and a third on the door of the criminal court. This summary is also notified to the real estate registry secretary. The judgment becomes enforceable the day after its publication in the official gazette.
Article 289
As long as the fugitive convicted person's assets are managed by the custodian, their spouse, children, parents, and those they are legally obliged to support can submit a petition against the custodian to the urgent matters judge, whose center is within the jurisdiction of the criminal court that issued the judgment, requesting a monthly allowance from their assets. The judge issues a decision determining the amount of this allowance, taking into account the situation of each petitioner and their need for it. The personal plaintiff has the right to obtain from the same urgent matters judge, against the custodian, a decision granting them a temporary advance from the compensations awarded to them. The decision is executed through the execution department on the convicted person's fixed and movable assets.
Article 290
If the court finds that the investigations are insufficient to convict the fugitive accused, it appoints one of its members to conduct additional investigations according to the usual procedures, which are then added to the case file before issuing a judgment in the case. If it finds that the evidence is insufficient against them, it rules to declare their innocence or to dismiss the proceedings if it sees that the act they were accused of does not constitute a crime or does not warrant punishment, or declares their non-responsibility if it is confirmed that they benefit from a justification. It can also amend the description of the act, subject of the indictment decision, considering it a misdemeanor, and decides on the case and imposes a misdemeanor penalty.
Article 291
The judgment convicting the fugitive accused of a felony is not subject to objection or appeal before the Court of Cassation. If the criminal court describes the act in the indictment decision as a misdemeanor, the convicted person in absentia has the right to object to this judgment before it. The procedures followed before the misdemeanor appeal court apply to this objection. If the court exempts the convicted person from punishment in a felony and obliges them to personal compensation, they have the right to object to the judgment regarding their obligation to compensate within fifteen days from the date of its notification. If the civil lawsuit is not dismissed for any reason for its dismissal, following the dismissal of the public right lawsuit in the felony by the passage of the ten-year period, the person convicted of personal compensation has the right to object to the judgment, against the personal plaintiff, within fifteen days from the date of its notification. In all cases where the amount of personal compensation awarded is objected to, the court must consider the principles of compensation assessment stipulated in Articles 133 and 134 of the Code of Obligations and Contracts. The civil part of the in absentia judgment becomes final after completing its notification procedures according to the applicable civil procedures. The person awarded personal compensations obtains an enforceable copy according to the procedures governing the execution of civil judgments. If the accused is declared innocent in the criminal judgment or the proceedings against them are nullified, they have the right to file a lawsuit for unjust enrichment against the executor.
Article 292
If the fugitive convicted person surrenders themselves or is arrested before the penalty imposed is nullified by the passage of time, the court decides to declare the nullification of the in absentia judgment issued against them and all proceedings conducted from the date it took over the case. It also decides to try the accused according to the usual procedures stipulated in Articles 236 and following of this law. The judgment in the case is issued according to these procedures. If it is impossible to hear some witnesses before the court, their statements in the preliminary or initial investigation are sufficient after being read publicly and put up for discussion.
Article 293
The decision of one of the accused cannot be a reason to postpone the trial or delay the consideration of the case against the remaining accused.
Article 294
If the convicted defendant who has fled from justice is apprehended and denies their identity, the criminal court that issued the judgment against them shall be responsible for verifying their identity.
Title Fourth Court of Cassation
Chapter First Jurisdiction of the Court of Cassation
Article 295
The Court of Cassation considers the following: A - Requests for cassation of judgments issued by criminal courts and decisions issued by criminal appeal courts and the indictment authority. B - Other cassation requests within its jurisdiction under special laws. C - Requests for retrial in criminal cases. D - Requests for determination of jurisdiction. E - Requests for transfer of the case. F - Crimes of judges.
Chapter Second Reasons for Appealing Judgments Issued in Criminal Cases
Article 296
The judgments issued by the criminal courts are subject to appeal for any of the following reasons: A - The judgment was issued by a panel not formed in accordance with the provisions of the law. B - Violation of the law or error in its interpretation or application. C - Violation of jurisdiction rules. D - Omission of procedures required under penalty of nullity or breach of essential trial rules. E - Judgment on a criminal act not covered by the indictment decision or against a person not accused therein. F - Failure to decide on a plea, defense reason, or request submitted by one of the parties to the case, or judgment for more than what was requested. G - Lack of reasoning in the judgment or contradiction between its reasoning and the operative part or contradiction within the operative part itself. H - Distortion of facts or the clear content of the documents presented in the case file. I - Lack of legal basis. J - Judgments imposing the death penalty.
Article 297
A party in the case does not have the right to appeal the judgment for violating a legal rule established for the benefit of another.
Article 298
Both the public prosecution and the convicted person may request the annulment of the judgment for one or more of the reasons for appeal mentioned in Article 296 of this law. If annulled at the request of either, the public case is referred to the Court of Cassation, which follows the procedures adopted by the criminal courts and concludes with a decision in the case. The effect of the annulment request submitted by the personal plaintiff is limited to the civil aspect of the judgment or decision being appealed. If the appealed judgment acquitted the accused or annulled the proceedings against him or declared him not responsible, he shall not be tried in detention before the Court of Cassation unless his detention is decided by a reasoned decision. The provisions of Article 108 of this law must be observed. If the appealed judgment convicted or found the accused guilty, and the public prosecution requested the annulment of the judgment, he shall be tried in detention, observing the provisions of Article 108 of this law.
Article 299
The request for appeal is accepted from the person sentenced to a criminal penalty if he is detained or has served the imposed penalty. The Court of Cassation may not release the detained convicted person before annulling the appealed judgment.
Article 300
If the penalty stated in the appealed judgment is the one prescribed by law for the crime, the convicted person may not request its annulment due to an error in mentioning the applied legal article.
Article 301
The personal plaintiff may appeal the judgment regarding personal compensation that is less than what was requested.
Chapter Third Grounds for Cassation in Misdemeanor and Violation Cases
Article 302
Except in the case where the judgment is issued by a panel not formed according to the law, decisions related to jurisdiction, the expiration of the public right due to the passage of time, general amnesty, or the abstention from prosecution in the adjudicated case, cassation in misdemeanor cases is only accepted for one of the reasons stipulated in Article 296 of this law, provided there is a difference in the legal description of the act between the judges of the first degree and the judges of the second degree.
Article 303
Subject to the provisions of the previous article, only the Public Prosecution has the right to request the cassation of decisions issued by the Court of Appeal in violations regarding the legal description given to them if it considers them to have a misdemeanor description.
Article 304
A person appealing an appellate decision does not have the right to present reasons that go beyond the content of this decision or the scope of the trial that led to its issuance.
Article 305
The Court of Cassation may not decide to suspend the execution of a judge's decision on a misdemeanor penalty or violation unless it annuls it.
Chapter Fourth Appeal of Decisions Issued by the Indictment Chamber
Article 306
Except for decisions issued by a body not formed according to the law and decisions related to jurisdiction, the expiration of public rights due to the passage of time, general amnesty, or the prevention of prosecution due to res judicata, the final decisions of the indictment body are not subject to appeal unless there is a discrepancy in the legal description of the act between the investigating judge and the indictment body and for one of the following reasons: 1 - Violation of the law or error in its interpretation or application. 2 - Omission of procedures required under penalty of nullity or breach of essential rules in the investigation. 3 - Distortion of facts or the clear content of documents presented in the case file. 4 - Failure to decide on a plea or a defense reason or on a request submitted by one of the parties in the case. 5 - Lack of legal basis or deficiency in reasoning.
Article 307
Without adhering to the reasons for appeal mentioned in the previous article, it is permissible: A - For the private plaintiff to challenge the indictment decision rejecting their personal claim due to the absence of their capacity to sue. B - For both the private plaintiff and the public prosecution to challenge decisions preventing the trial of the defendant.
Article 308
A defendant who is a fugitive from justice does not have the right to challenge the indictment decision before the Court of Cassation unless they surrender themselves.
Article 309
If the Court of Cassation rejects the appeal request, it shall order the confiscation of the security deposit, and it may impose a fine ranging between one hundred thousand and five hundred thousand Lebanese pounds if it finds that the applicant has abused their right to litigation.
Article 310
When the indictment decision becomes final and conclusive, ordering the referral of the defendant to the Criminal Court, it confers jurisdiction upon it.
Chapter Fifth Procedures and Conditions Related to the Request for Cassation
Article 311
In all cases, it is not permissible to request the appeal of preliminary or prior decisions to the final decision or judgment except after its issuance and along with it. An exception is made for decisions or judgments that resolve one or more of the defenses stipulated in Article 73 of this law. The Criminal Court of Cassation must verify whether the decision or judgment being appealed has the potential to halt the investigation or trial and must make a decision accordingly.
Article 312
A person who was not a party to a lawsuit does not have the right to request the annulment of the judgment or decision issued in it. The appellant must have standing and interest in their request, under penalty of non-acceptance.
Article 313
The right to request an appeal belongs to the Public Prosecution at the Court of Cassation, the Public Prosecution at the Court of Appeal, the Financial Public Prosecution, the private plaintiff, the convicted person, the person liable for money, and the guarantor. The appeal by the Public Prosecution must focus on the part of the judgment related to the public lawsuit, while the appeal by the convicted person must address the penalties, personal compensations, and expenses imposed on them. The appeal by the private plaintiff must be limited to the part of the judgment related to the civil lawsuit. Both the person liable for money and the guarantor can appeal the judgment or decision that obliges them to personal compensations.
Article 314
If one of the convicted persons requests the annulment of the judgment or decision without the other parties, the Court of Cassation may not increase the penalty imposed on them or the compensations adjudged against them.
Article 315
Each party in the lawsuit can limit their appeal to a specific aspect of the judgment or decision independent of its other aspects.
Article 316
Each of the convicted person, the private plaintiff, the person liable for money, and the guarantor can request the annulment of the in-person judgment issued by the Criminal Court and the in-person decision issued by the Misdemeanor Appeal Court within fifteen days from the date of its issuance. The Financial or Appellate Public Prosecution can request the annulment of either the judgment or the in-person decision within a month from the date of its issuance. The Public Prosecution at the Court of Cassation can request its annulment within two months from the date of its issuance. The annulment of the in-absentia judgment issued against a fugitive from justice is not accepted. Each party in the lawsuit has the right to request the annulment of the decision issued by the Misdemeanor Appeal Court as a result of the objection within the time limits specified in the first and second paragraphs of this article. The time limit applies to each of the convicted person, the private plaintiff, the person liable for money, and the guarantor from the date of notification of the judgment issued as a result of the objection if it was not in-person. It applies to both the Appellate Public Prosecution and the Public Prosecution at the Court of Cassation from the date of its issuance.
Article 317
The appeal request is submitted to the registry of the Court of Cassation or to the registry of the court that issued the contested judgment. If submitted to the latter, it must refer it and the case file to its Public Prosecution within five days at most from the date of submission, and the Public Prosecution must immediately deposit it with the Public Prosecution at the Court of Cassation for referral to the Court of Cassation. If the appeal request is submitted directly to the Court of Cassation, it requests the file to be deposited through the Public Prosecution at the Court of Cassation.
Article 318
Subject to the time limit stipulated in Article 316 of this law, the appeal request must meet the following conditions collectively, under penalty of formal rejection: A - It must include the names of the litigants, the name of the court that issued the judgment, the judgment to be annulled, and the reasons for the appeal. B - It must be signed by an appellate lawyer and accompanied by their power of attorney or a certified copy thereof, a certified copy of the judgment or decision to be appealed exempt from proportional fees, and a receipt for depositing a security of two hundred thousand Lebanese pounds in the treasury. The Public Prosecution is exempt from presenting a copy of the contested judgment with its appeal and from paying the security fee and judicial fees.
Article 319
The appellant may submit, within five days after the expiration of the appeal period, a memorandum detailing the reasons for the appeal they have stated. They are not entitled to include new reasons. The appellant is considered to have chosen the office of their agent as their chosen place of residence. Any notification made to this office is effective if the formal procedures are observed. The appeal request is recorded in a special register. Each party in the lawsuit can review it and obtain a certified copy of it. The security is refunded to the applicant if their request is accepted or if they withdraw it before it is decided upon, and it is confiscated for the benefit of the treasury if the appeal request is rejected. The convicted person or the private plaintiff is exempt from the security fee in criminal cases. They are also exempt in misdemeanor cases if they present a certificate of indigence. The Public Prosecution is exempt from paying all fees and expenses for submitting the appeal request.
Article 320
The party against whom the appeal is requested must be notified with a copy of the request and its attachments and a copy of the explanatory memorandum within three days from the date of submission of each, and they have the right to submit their observations and requests within ten days from the date of notification.
Article 321
The court examines the appeal request and the case file. If it finds the request submitted within the legal time limit and meeting all formal conditions, it accepts it in form. Then it studies the reasons for the appeal contained therein. If the contested decision is annulled, it decides to conduct the trial anew in a public session to consider the case and rule on its merits. The trial follows the procedures adopted by the court that issued the contested judgment. It issues its decision in the case. If the appeal is rejected, it decides to uphold the judgment or decision contested and confiscates the security amount, obliging the applicant to a fine ranging between two hundred thousand and one million Lebanese pounds if it finds that they have abused their right to litigation.
Article 322
If the private plaintiff submits the appeal request alone, it results in the reopening of the civil case alone before the court. The Court of Cassation may not reduce the compensations adjudged.
Article 323
If the appeal request is submitted by one of the convicted persons in the same crime, and the Court of Cassation accepts their appeal in form and substance, and considers that the elements of the crime in the act adjudged by the contested judgment are not present, all the convicted persons benefit from the result of the annulled judgment. In this case, the Public Prosecution at the Court of Cassation retrieves the summary of the judgment issued against each of these persons.
Article 324
After annulling the contested judgment or decision, the Court of Cassation applies the provisions of Articles 276 and 277 of this law when the conditions stipulated in either of them are met.
Article 325
If the Court of Cassation decides to reject the appeal request in form or substance, the court clerk prepares a summary of this decision, signed by the court president, and refers it within three days from the date of its issuance to the Public Prosecution at the Court of Cassation, which deposits it with the Appellate Public Prosecution at the court that issued the contested judgment for execution.
Article 326
Subject to the provisions related to retrial or those mentioned in Articles 741 and following of the Code of Civil Procedure, the decisions of the Court of Cassation are not subject to any means of review.
Chapter Sixth Appeal in the Interest of the Law
Article 327
If a judgment is issued by the Criminal Court or a decision by the Court of Appeal and each becomes final due to the expiration of the appeal period, the Public Prosecutor at the Court of Cassation may, either ex officio or upon the request of the Minister of Justice, request its annulment for the benefit of the law only within a period of one year from its issuance. If the Court of Cassation decides to annul the contested judgment or decision, the convicted person benefits from this annulment without being harmed by it. The judgment remains valid in all cases for the benefit of the personal plaintiff.
Chapter Seventh Retrial
Article 328-معدلة
The Court of Cassation is the competent authority to consider requests for retrial. - A request for retrial may be made in criminal and misdemeanor cases, regardless of the court that issued the judgment or the penalty imposed, in the following cases: A - If a person is convicted of murder and sufficient evidence later emerges that the alleged victim is still alive. B - If a person is convicted of a felony or misdemeanor and another person is later convicted of the same crime and in the same capacity, provided that this results in evidence of the innocence of one of the convicted persons. C - If a person is convicted based on the testimony of another person, which is later proven to be false by a final judgment. D - If a new act occurs or new documents appear after the judgment that were unknown during the trial and could constitute evidence of the convicted person's innocence. The lapse of the penalty due to the passage of time does not prevent the hearing of a retrial request.
Article 329-معدلة
- The convicted person submits the retrial request to the criminal chamber of the Court of Cassation or to the Judicial Council, each according to its jurisdiction, through the Public Prosecutor of Cassation, within one year from the day they became aware of the reason for the retrial, under penalty of rejection of the request. - It can be submitted by their legal representative if they are incapacitated or if their absence is established by a judicial ruling, or by one of their heirs or one of the legatees in case of their death. - The request must be accompanied by a certified true copy exempt from fees of the judgment for which retrial is requested, the evidence invoked, a copy of the power of attorney of the lawyer who signed the request, and a financial receipt for a deposit of two hundred thousand Lebanese pounds. - The Public Prosecutor of Cassation refers the request to the competent criminal chamber of the Court of Cassation or to the Judicial Council, accompanied by their opinion, within a week.
Article 330
When the Court of Cassation accepts the retrial request in form, it examines the merits of the case. It may conduct additional investigations if necessary.
Article 331
If the court considering the retrial request annuls the contested judgment against one of the living convicted persons due to the removal of the criminal nature of the act for which they were convicted or because the convicted person is exempt from punishment, it suffices with this annulment. If the annulment is based on the removal of the criminal nature of the act, all convicted persons benefit from it.
Article 332
If the retrial request is submitted after the death of the convicted person or their loss of capacity, by one of the persons mentioned in Article 329 of this law, the court considers the request. If it annuls the contested judgment and declares the innocence of the convicted person or annuls the proceedings against them, it orders the publication of its judgment on the court's notice board, at the place of the crime, at the residence of the convicted person, in the official gazette, and in two local daily newspapers. The state bears the costs of publication.
Article 333
If the convicted person is declared innocent or the proceedings against them are annulled, the judgment has retroactive effect, canceling all effects of the previous judgment except for rights acquired in good faith. The court may, upon the request of the retrial applicant, award compensation for the damage suffered from the previous judgment. If the convicted person has died, the right to request compensation passes to their heirs or legatees. The court assesses compensation according to the rules stipulated in the Code of Obligations and Contracts. The state bears the awarded compensation. It may seek recourse against anyone who was the cause of the previous judgment.
Article 334
The retrial applicant advances the costs of the case until a decision is made on their request. Subsequent costs are paid by the state.
Chapter Eighth Request for Determination of Jurisdiction
Article 335
The Criminal Chamber of the Court of Cassation is responsible for appointing the competent authority in case of a dispute over jurisdiction between judicial authorities. If a crime occurs and two investigators begin the investigation or two courts start reviewing it after each authority considers itself competent to examine it, or if each of the investigators or courts decides it is not competent to examine it, or if a court decides it is not competent to examine a case referred to it by a decision issued by the investigating judge or the indictment body, and the dispute over jurisdiction results in a halt to the course of justice due to the finalization of contradictory decisions in the same case, this dispute is resolved by appointing the competent authority. The provisions of this article apply if there is a dispute between an ordinary court and a special court.
Article 336
The public prosecution, the personal plaintiff, and the defendant each have the right to request the appointment of the authority by submitting a petition to the Court of Cassation, which requests the public prosecution to deposit copies of the documents related to the case with the judicial authorities involved in the dispute. Each party in the case must be notified with a copy of the request for the appointment of the authority, and each has the right to respond within ten days of being notified.
Article 337
When the judicial authorities involved in the dispute are notified of the request for the appointment of the authority, they must refrain from issuing a final decision in the case. However, temporary measures and investigations can continue until the decision appointing the competent authority is issued.
Article 338
The Criminal Chamber of the Court of Cassation reviews the request for the appointment of the authority after the expiration of the ten-day period. It makes a decision in the deliberation chamber to appoint the competent judicial authority within a period not exceeding one month. It may simultaneously annul the procedures and actions taken by the judicial authority that has been removed from the case. Its decision is not subject to any form of review. The judicial authorities involved in the dispute must comply with the decision.
Article 339
If the personal plaintiff or the defendant is not justified in their request, they shall be fined an amount ranging between two hundred thousand and one million Lebanese pounds and compensation to their opponent if requested.
Chapter Ninth Request for Transfer of the Case
Article 340
One of the criminal chambers of the Court of Cassation is responsible for deciding on the request to transfer a case from one judicial authority to another. It decides to remove the jurisdiction of a judicial authority, in investigation or judgment, from the case and refers it to another authority of the same level to continue its examination, either due to the inability to form the originally competent authority, to halt the investigation or trial, to preserve public safety, to ensure the proper administration of justice, or for a reason of legitimate suspicion. Only the Public Prosecutor at the Court of Cassation can request the transfer of the case for the reason of preserving public safety if the judicial authority from which the case is requested to be removed is one of the criminal chambers of the Court of Cassation, and the General Assembly of the Court of Cassation decides on the request. The Public Prosecutor at the Court of Cassation can request the transfer of the case on his own initiative or based on a request from the Appellate Public Prosecutor, the Financial Public Prosecutor, the private plaintiff, the defendant, or the Minister of Justice for the reasons mentioned in the first paragraph. The request for transfer must be notified to all parties to the case. Each of them can respond to it within ten days of being notified. Submitting the request does not halt the proceedings in the case unless the Court of Cassation decides otherwise.
Article 341
If two investigating judges in the same district are handling related crimes, the first investigating judge can appoint one of them to continue the investigation. If the investigating judges belong to different districts, the competent criminal chamber at the Court of Cassation, upon the request of the Public Prosecutor at the Court of Cassation, appoints the investigating judge who will continue to examine the case.
Article 342
Every decision issued by the Court of Cassation to transfer a case is notified to the parties involved in the case through the Public Prosecutor at the Court of Cassation. Its decision is not subject to any form of review. If the Court of Cassation decides to reject the request, its decision does not prevent the submission of another request for a reason related to facts that emerged after the date of the first request.
Article 343
If the private plaintiff or the defendant submits a request to transfer the case, and the Court of Cassation decides to reject it, it may impose a fine on the applicant ranging between two hundred thousand and one million Lebanese pounds and may award compensation to the opponent if requested. In all these cases, the decision of the Court of Cassation is not subject to any form of review.
Chapter Tenth Crimes of Judges
Article 344
The Court of Cassation is competent to hear crimes committed by judges, whether outside their functions or arising from or related to them.
Article 345
If a judge of the first instance courts, an investigating judge, a public prosecutor at the appellate, financial, or military public prosecution, a counselor of the appellate courts, a counselor of the administrative courts or the Court of Audit, or an assistant counselor at the State Council commits a misdemeanor outside their function, the Public Prosecutor at the Court of Cassation prosecutes them automatically or based on a complaint from the aggrieved party. The case is brought before the criminal chamber of the Court of Cassation.
Article 346
If the misdemeanor is attributed to a president of the appellate chambers, the public prosecutor at the Court of Appeal, the financial public prosecutor, the government commissioner, a judge of the Court of Cassation, a member of its public prosecution, or the first investigating judge, the Public Prosecutor at the Court of Cassation prosecutes them automatically or based on a complaint from the aggrieved party, and the case is brought before the General Assembly of the Court of Cassation.
Article 347
If the act attributed to the judge, regardless of their rank, is a felony, the First President of the Court of Cassation appoints a judge of at least the same rank as the accused to investigate them. The Public Prosecutor at the Court of Cassation assumes the role of public prosecution and exercises the public action.
Article 348
If it is necessary to detain the judge accused of a felony, the judge assigned to investigate them issues the arrest warrant. However, it is not enforceable except after the approval of the First President of the Court of Cassation. The judge is detained in a special place designated by the Public Prosecutor at the Court of Cassation.
Article 349
The judge assigned to investigate must seek the opinion of the Public Prosecutor at the Court of Cassation in all cases where the law requires the investigating judge to seek the opinion of the appellate public prosecution. The judge assigned to investigate may replace the detention of the accused judge with monitoring measures that restrict their freedom of movement or travel. If they violate any of these measures or if the investigator finds them ineffective, they issue an arrest warrant in accordance with the provisions of Article 348 of this law. The judge assigned to investigate applies the procedures followed by the investigating judge in criminal cases. The decisions of the judge assigned to investigate are appealed before the body stipulated in Article 350 of this law according to the procedures followed in appealing the decisions of the investigating judge.
Article 350
Investigations are referred to a body composed of three judges of at least the same rank as the accused judge. They are appointed by the Supreme Judicial Council. The body is chaired by the highest-ranking judge or by someone appointed by the First President of the Court of Cassation to chair it. The body assumes the functions of the indictment body. In its decision, it refers the accused judge to one of the criminal chambers of the Court of Cassation if they are among the judges mentioned in Article 345 of this law, and to the General Assembly of the Court of Cassation if they are among the judges mentioned in Article 346 of this law. If the body finds that the evidence is insufficient for indictment or that the criminal elements are not available, it decides to dismiss the case against the accused judge. All decisions issued by the body are not subject to any form of review.
Article 351
In crimes committed by judges arising from their functions, the provisions of Articles 344 to 350 inclusive of this law apply. All these provisions apply to judges of the State Council, judges of the Court of Audit, and retired judges in honorary positions.
Article 352
The aggrieved party from a criminal act attributed to a judge may request compensation following the public action. They are not entitled to file a direct claim to initiate a public right action. If the criminal act committed is not arising from the function or related to it, the claim for compensation is filed against the accused judge. However, if it arises from the function or is related to it, the aggrieved party may file their claim against the state and the judge or against either of them.
Article 353
If the judge accused of a misdemeanor or felony, whether arising from the function or outside it, has a partner, accomplice, instigator, or concealer, the prosecution, investigation, and trial include them. If the investigation does not lead to identifying the partner, accomplice, instigator, or concealer, or if their prosecution is impossible or delayed, this does not affect the prosecution of the judge and the consideration of their case.
Article 354
If any of the President of the Supreme Judicial Council, the President of the State Council, the Public Prosecutor at the Court of Cassation, the President of the Court of Audit, or the President of the Judicial Inspection Commission commits a crime, whether a misdemeanor or felony, outside their function or during or related to it, they are tried before a judicial body composed of five judges appointed by a decree issued by the Council of Ministers upon the proposal of the Minister of Justice. The members of the body are selected from active judges or retired judges in honorary positions, provided that none of them is below the seventeenth rank. The Public Prosecutor at the Court of Cassation personally undertakes the prosecution unless they are among those who committed or contributed to the crime, in which case a judge of no less than the seventeenth rank is appointed by a decree issued by the Council of Ministers to perform the duties of the Public Prosecutor at the Court of Cassation for the prosecution of the crime only. The Minister of Justice, after the approval of the Supreme Judicial Council, appoints the judge who will be assigned to investigate the crime from a rank not less than that of the judge referred to them. The procedures stipulated in Articles 345 and following are applied in the prosecution and trial of those previously mentioned. The head of the appointed judicial body assumes the functions of the First President of the Court of Cassation in the field of approving the detention of the accused judge.
Title Fifth The Judicial Council
Article 355
Cases are referred to the Judicial Council based on a decree issued by the Council of Ministers.
Article 356
The Judicial Council considers the following crimes: A - Crimes stipulated in Articles 270 and following, up to and including Article 336 of the Penal Code. B - Crimes stipulated in the Law of 11/01/1958. C - All crimes resulting from arms and equipment deals made or to be made by the Ministry of National Defense, and crimes related to or derived from them, especially those stipulated in Articles 351 to 366 inclusive of the Penal Code, and in Articles 376, 377, and 378 thereof, and in Articles 453 to 472 inclusive thereof, and in Articles 138 and 141 of the Military Judiciary Law. Cases related to these crimes, which are under consideration before the military and ordinary judiciary, are referred to the Judicial Council, which has jurisdiction over both civilians and military personnel, in execution of the referral decree.
Article 357
The Judicial Council is composed of the First President of the Court of Cassation as President and four judges from the Court of Cassation as members, appointed by a decree issued by the Council of Ministers based on the proposal of the Minister of Justice and the approval of the Higher Judicial Council. The decree appoints one or more additional judges to replace the original in case of death, recusal, dismissal, or end of service. The Public Prosecution at the Judicial Council is represented by the Public Prosecutor at the Court of Cassation or his delegate from his assistants.
Article 358
If the First President of the Court of Cassation is unable to preside over the Council, the highest-ranking appointed member assumes the presidency.
Article 359
The Judicial Council convenes at the Palace of Justice in Beirut or at the crime scene when necessary, or at any other location determined by its President if it is impossible to convene at the Palace of Justice in Beirut.
Article 360
The Public Prosecutor at the Court of Cassation or his delegate from the public prosecutors at the Court of Cassation undertakes the tasks of initiating and exercising the public prosecution. An investigating judge is appointed by the Minister of Justice based on the approval of the Higher Judicial Council.
Article 361
The Public Prosecutor at the Court of Cassation files charges with the judicial investigator regarding the crime and refers the investigation file to him.
Article 362
The judicial investigator can issue all necessary warrants for the investigation without a request from the Public Prosecution. His decisions in this regard are not subject to any form of review. He takes charge of the case objectively. If the investigation reveals the involvement of a suspect in the crime, he interrogates him as a defendant, even if his name was not included among those charged by the Public Prosecution. The Public Prosecution can later charge a person it omitted in its original charge, and the investigator must interrogate him as a defendant.
Article 363
Subject to the provisions of the previous article, the judicial investigator applies the procedures followed before the investigating judge, except for the detention period stipulated in Article 108 of this law. The Public Prosecutor at the Court of Cassation can review the case file and present any opinion or request. The injured party can file a personal lawsuit following the public lawsuit.
Article 364
After the investigations are completed, the Public Prosecution at the Court of Cassation presents its opinion on the merits. The judicial investigator decides, after reviewing the investigations and case papers, either to dismiss the case against the defendant or to indict and refer him to the Judicial Council. The indictment decision issued by the judicial investigator follows the procedures that organize the drafting of the indictment by the Indictment Chamber. The judicial investigator must issue an arrest warrant against the accused. If he fails to issue it, he must, upon the request of the Public Prosecutor at the Court of Cassation, issue it even after relinquishing the case. If he has died or is unable to do so, the President of the Judicial Council must issue an arrest warrant against the accused at the start of his trial.
Article 365
The Public Prosecution at the Court of Cassation notifies each of the accused, five days before the session date, with a copy of the indictment decision and the list of public prosecution witnesses. The accused notify the Public Prosecutor at the Court of Cassation, five days before the session date, with the list of defense witnesses. The personal plaintiff can submit a list of his witnesses within the same period, a copy of which is notified to both the Public Prosecution at the Court of Cassation and the accused five days before the session date.
Article 366-معدلة
The trial before the Judicial Council, whether in presence or in absentia, is conducted according to the trial procedures of the Criminal Court. The Council issues its judgment according to the same procedures. The judgments of the Judicial Council are not subject to any ordinary or extraordinary means of review, except for objection and retrial. The Judicial Council is the competent authority to consider requests for retrial of judgments issued by it.
Article 367
The Judicial Council, upon the request of the Public Prosecution at the Court of Cassation or on its own initiative, can conduct an additional investigation into the case with its full panel or through a member it appoints for this purpose.
Section Seventh Objection Matters
Article 368
The jurisdiction of the criminal judge handling the public lawsuit includes deciding on any plea raised before him unless it constitutes an incidental issue or the law provides otherwise.
Article 369
The following are considered pending incidental issues: A - Real estate ownership cases and other real property rights. B - Nationality cases. C - Personal status cases except for age determination. D - Administrative cases. E - Civil cases that affect the determination of the elements of the alleged crime, provided they are pending before the civil authority before the initiation of the public lawsuit. F - Criminal cases on which the determination of the elements of the crime depends.
Article 370
The criminal judge, when presented with an incidental issue, must ensure before postponing the case he is handling that it is serious and that resolving it is necessary and essential for deciding the criminal case. If the criminal judge decides to accept the plea of the incidental issue, he sets a deadline for referring the matter to the competent court. If the party raising the plea complies with the specified deadline, the criminal judge postpones the case until the incidental issue is resolved. If not, the case proceeds. Postponing the case does not prevent the criminal judge from taking necessary or urgent measures and investigations.
Section Seventh Repeated - On Protection Procedures in the Crime of Human Trafficking
Article 370-(2)
The investigating judge may decide to hear the testimony of a person who possesses information, as a witness, without including the identity of the person being heard in the record, if the following two conditions are met: 1 - The crime of human trafficking, which is the subject of the investigation, is punishable by criminal penalties of no less than five years of imprisonment. 2 - There is a fear that providing information about the crime would pose a threat to the life or safety of the person being heard, their family, or one of their relatives. The decision must be justified and include the factual and material reasons on which it was based. The identity and address of the person are recorded in a special record, not included in the case file, and deposited and kept with the Attorney General at the Court of Cassation.
Article 370-(3)
The defendant may request the judge handling the case to disclose the identity of the person being heard according to the provisions of the previous article, if they consider this procedure essential for exercising the rights of defense. The judge decides, if it is found that the conditions of the request are met, either to disclose the identity provided the concerned person agrees to it or to annul the record organized according to the provisions of Article 370 (2).
Article 370-(4)
The defendant may request to confront the person being heard according to the provisions of Article 370 (2), and in this case, it is up to the judge to decide to use techniques that make the voice of this person unidentifiable. The details of the application of the provisions of this article are determined by a decree issued by the Council of Ministers based on a proposal by the Minister of Justice. Related text: (Determining the details of the application of the provisions of paragraph 4 of Article 370 of the Code of Criminal Procedure)
Article 370-(5)
Conviction cannot be based solely on the testimony of the person being heard according to the provisions of Article 370 (2).
Article 370-(6)
Anyone who discloses information about the protection measures stipulated in this section shall be punished with imprisonment from two to three years and a fine from twenty million to thirty million Lebanese pounds.
Section Eighth Forgery Lawsuit
Title One Original Forgery Lawsuit
Article 371
When the public prosecutor becomes aware of the existence of a document in one of the official departments, suspected of being forged, he shall either proceed himself or delegate one of his assistants to carry out the necessary procedures to examine it and verify its forgery. He may also order the transfer of the suspected documents to his department. The perpetrator of the forgery and his accomplices shall be summoned before the investigating judge.
Article 372
When the investigating judge takes charge of the case, he instructs his clerk to prepare a detailed report describing the document suspected of forgery. The report is signed by the investigating judge and the clerk, and they also sign the document with the phrase "Do not alter." The suspected document and the report are kept in the investigation department.
Article 373
If the document alleged to be forged is in one of the official departments, it shall be signed by the responsible head of the department before being transferred to the investigation department. He is obliged to deliver it immediately upon being notified of the investigating judge's decision. If he refuses, the investigating judge issues a decision to bring him along with the document. If the investigating judge finds no legitimate reason for his refusal to deliver the document, he shall be fined an amount ranging between two hundred thousand and one million Lebanese pounds. The provisions of this article apply to any ordinary person who possesses the document suspected of forgery.
Article 374
When the official document is brought, a copy identical to it is left with the person who deposited it, certified by the investigating judge and his clerk. If the document is deposited with an official employee, the identical copy serves as the original until it is returned to him. This employee may issue copies of the certified copy, indicating that the original is deposited with the investigating judge for the purpose of verifying its forgery. If the document is a page in a register that cannot be removed, the investigating judge may decide to bring the register to his department.
Article 375
It is permissible to allege forgery of documents even if they have been used in judicial, administrative, or other transactions. Anyone who invokes a document suspected of forgery is obliged to sign it. This document is deposited in the court's safekeeping box, annotated with the phrase "Do not alter."
Article 376
The investigating judge may seek technical expertise to match the handwriting and signature in the document suspected of forgery with any available correct signatures or writings. He may have the defendant write directly or through experts, and if he refuses, this is recorded in his interrogation report.
Article 377
Ordinary papers are suitable for comparison and matching if agreed upon by both the plaintiff and the defendant. If the holder is not an official employee, the provisions of Article 373 of this law apply to compel him to deliver them.
Article 378
Investigations in forgery cases are conducted according to the procedures followed in other crimes. Both the public prosecutor and the investigating judge have the authority to enter the residences of persons suspected of counterfeiting the state's official seals, forging its coins, banknotes, and official stamps, or introducing such counterfeit or forged items into Lebanese territory or mediating their circulation, even if these persons' residences are outside their jurisdiction.
Title Second Incidental or Subsidiary Forgery Claim
Article 379
The public prosecution and all parties, at any stage of the case, may challenge the forgery of a document presented in the case.
Article 380
The incidental claim of forgery is submitted to the registry of the court hearing the case. The claimant must specify the document alleged to be forged and the evidence for it.
Article 381
The court hearing the case refers the incidental claim to the public prosecution for its opinion, and it may postpone the consideration of the original case until the competent judicial authority decides on the incidental forgery claim, provided that the decision in the original case depends on the outcome of the incidental claim. If the original case before it is limited to personal compensation, it is postponed until the forgery claim is adjudicated.
Article 382
If a final decision is issued that there is no forgery, the court that postponed the consideration of the original case due to the incidental forgery claim must impose a fine on the claimant of forgery ranging between five hundred thousand and one million Lebanese pounds, in addition to damages and compensation.
Article 383
If a document is judged to be forged, the court must order its annulment and destruction. If an official document is judged to be forged, either completely or partially, the court deciding the forgery claim must order the annulment of the document's effect or restore it to its original state by erasing what was added or confirming what was deleted. In this case, the document is annotated with a summary of the court's judgment. The papers used for comparison and verification are returned to their sources.
Article 384
The same procedures applied in the original forgery claim are applied in the incidental forgery claim.
Section Ninth Procedures to Follow in Case of Loss of Case Documents or Issued Judgments
Article 385
If the original copy of the judgment is stolen, lost, or damaged before its execution, or if the case or investigation documents are lost or damaged in whole or in part before a decision is issued, the procedures prescribed in the following articles shall be followed.
Article 386
If an officially certified copy of the judgment or decision is found, it shall take the place of the original copy and be kept in its place. If the certified copy is in the possession of an official employee or any other person, the president of the court that issued the judgment or decision shall decide to compel them to deliver it to the court registry. If they refuse, the provisions of Article 373 of this law shall apply to them. The person from whom the certified copy was taken may request a matching copy without incurring any expenses.
Article 387
The loss of the original copy of the judgment or decision does not result in a new trial if the means of appeal have been exhausted. A summary of the decision suffices if it is not possible to obtain an officially certified copy of it.
Article 388
If the case or investigation documents are lost in whole or in part before a decision is issued, the investigation shall be redone in whole or in part. If the case is under consideration by the court, it shall conduct the necessary investigation. If the entire case is lost, the file shall be reconstructed according to the procedures.
Article 389
If the original judgment or decision is lost and no officially certified copy or summary is found, but the indictment or accusation decision is found, a trial shall be conducted and a new judgment issued. If there is no indictment or accusation decision in the case file and no officially certified copy of either is found, the proceedings shall be restarted from the missing section of the documents.
Article 390
If the case or investigation documents are lost in whole or in part, and the original copy of the judgment or decision being appealed is available, or there is an officially certified copy of either, and the case is under consideration by the Court of Cassation, the procedures shall not be repeated unless the appeal concerns the trial procedures. In the event of a decision being overturned, the regular procedures outlined in the previous articles shall apply.
Section Tenth On the Procedures of Special Pardon
Article 391
The Higher Judicial Council is vested with the authority to consider requests for special pardon submitted by those sentenced to death by a final judgment or referred to it by the competent authorities.
Article 392
The request for a special pardon from the death penalty is submitted directly to the President of the Republic or through the Minister of Justice by means of a petition signed by the convicted person, their agent, or a family member. The petition is exempt from stamp duty and judicial fees.
Article 393
When a death sentence becomes final, the Minister of Justice refers the case file, accompanied by the report of the Public Prosecutor at the Court of Cassation, to the Higher Judicial Council, which expresses its opinion on the execution of the sentence or its substitution within a maximum of ten days.
Article 394
The President of the Higher Judicial Council or a designated member of the council prepares a brief report on the facts of the case, the evidence on which the judgment was based, the reasons for the pardon request, and their opinion on the request.
Article 395
The Higher Judicial Council, after hearing the statement of its rapporteur and reviewing the documents, examines the charge against the convicted person, the evidence on which the judgment was based, and the reasons for the pardon request or the requirements of the death penalty or its substitution. It secretly expresses its opinion on rejecting or accepting the request with a proposal to substitute the death penalty and submits a report to the Minister of Justice.
Article 396
The Higher Judicial Council forms a committee of three of its members to consider other requests for special pardon. The committee, according to the previously stated procedures, may decide on pardon requests for judgments imposing criminal penalties other than death or misdemeanor penalties.
Article 397
Upon submitting a pardon request, the execution of a final judgment is suspended if it imposes a fine or imprisonment of less than one year, provided the convicted person is not detained, based on a notification sent by the committee's president to the Public Prosecutor at the Court of Cassation upon receiving the pardon request.
Article 398
If the President of the Republic rejects the pardon request, the person sentenced to hard labor for life or for at least ten years may not renew their request before three years have passed in the first case and two years in the second case from the notification of the rejection decision. They may renew the pardon request after one year in other cases. They may not request a pardon again if the judgment imposes a fine or imprisonment for one year or less. However, this does not prevent the President of the Republic from exercising their right to order the new pardon request to be presented to the committee.
Article 399
If the President of the Republic grants the pardon request, a decree is issued in this regard.
Section Eleventh On Judicial Oversight of Detention Places and Prisons and on Protecting Personal Freedom from Unlawful Detention
Article 400
Decisions ordering detention are executed by placing those ordered to be detained in detention facilities. Convicts are imprisoned, and the sentences issued against them are executed by placing them in prisons.
Article 401
Detention facilities and prisons are determined and organized by a decree issued by the Council of Ministers.
Article 402
The Public Prosecutor of the Court of Appeal or Financial Prosecutor, the Investigating Judge, and the Sole Criminal Judge inspect, once a month, the individuals in the detention facilities and prisons within their jurisdiction. - Each of them has the authority to order the officials in charge of the detention facilities and prisons within their jurisdiction to take the measures required for investigation and trial.
Article 403
Each of the Public Prosecutor of the Court of Appeal or Financial Prosecutor and the Sole Criminal Judge, each within their jurisdiction, must release any person detained unlawfully once they verify the illegality of the detention. If any of them finds a legitimate reason for detention, the detainee is immediately sent to the competent judicial authority, and a report of the situation is prepared. If any of them neglects to act as mentioned above, they are subject to disciplinary action.
Article 404
The Public Prosecutor at the court that issued the judgment executes the final criminal judgments issued by the Criminal, Appeal, and Cassation Courts. The Sole Criminal Judge executes the judgments issued by them. The execution of judgment summaries is ensured by a written assignment to the Internal Security Forces.
Article 405
The provisions of Articles 53 and the following up to Article 65 inclusively of the Penal Code, and Articles 112 to 117 inclusively thereof, apply to the execution of criminal judgments.
Article 406
The day on which execution begins is counted as part of the sentence duration. The convict is released on the day the sentence duration ends. - If the sentence duration is twenty-four hours, its execution ends the day after it begins. The execution of the sentence that restricts or deprives freedom begins from the day the convict is arrested in execution of the judgment issued against them, deducting the duration of their detention.
Article 407
If the accused or defendant is acquitted of the crime for which they were detained, the detention period must be deducted from any sentence imposed on them for any other crime committed before or during their detention.
Article 408
The deduction of the detention period, when there are multiple sentences restricting or depriving freedom imposed on the defendant or accused, is made from the lightest sentence first.
Article 409
If the convict is pregnant, the execution of her sentence is postponed until ten weeks after childbirth.
Article 410
If the convict with a sentence restricting or depriving freedom is suffering from a life-threatening illness, their sentence can be executed in the prison hospital.
Article 411
If the convict with a sentence restricting or depriving freedom becomes insane or suffers from a serious mental illness, the Public Prosecution may order their placement in a hospital prepared for mental illnesses. The duration spent in the hospital is deducted from the sentence imposed on them. If their illness persists, the provisions of the law related to mental patients apply to them.
Article 412
The detainee is released upon the issuance of a judgment declaring acquittal, annulment of proceedings, a sentence not requiring imprisonment, or a judgment suspending the execution of the sentence, or if the detainee has spent in pretrial detention the duration of the sentence imposed on them.
Article 413
If personal compensation, court costs, and fines are imposed, and the convict's assets do not cover all of them, the following priority must be followed in execution. A - Personal compensation. B - Court costs. C - Fine.
Article 414
Personal compensation awarded and any advanced legal fees and expenses are executed, upon the request of the personal plaintiff, in accordance with the provisions of the Code of Civil Procedure.
Article 415
The convict must pay the court costs to the State Treasury within ten days from the date of being notified after the judgment becomes final. If they fail to pay, the Public Prosecutor decides to imprison them for twenty-four hours for every ten thousand Lebanese pounds. The imprisonment period must not exceed six months, and the convict cannot be imprisoned instead of paying court costs if they were a minor at the time of committing the crime. If the detention period of the defendant exceeds the imprisonment sentence imposed on them, the equivalent is deducted from the fine and court costs imposed, according to the substitution mentioned above.
Article 416
The division rule outlined in Article 53 of the Penal Code applies to court costs.
Article 417
If the convict serves the imprisonment period substituted for the fine and court costs, the Treasury's debt is extinguished.
Article 418
If the convict is imprisoned to settle the fine and court costs and expresses a desire while in prison to settle their debt to the state, the Public Prosecutor or their representative orders their release from prison and brings them to pay the amounts due after deducting the value equivalent to the time spent in prison. If the convict pays the full amount required upon their detention, they are immediately released, and the decision to substitute imprisonment for the fine and court costs becomes void.
Article 419
Upon the death of the convict, their escape, or loss of legal capacity, the court costs and fine are collected by the Ministry of Finance as public funds are collected.
Article 420
The death penalty is not executed without consulting the Pardon Committee and obtaining the President of the Republic's approval. The sentence is executed by a decree specifying the place and method of execution. Execution of the death penalty is prohibited on Sundays, Fridays, and national and religious holidays. The death penalty is not executed on a pregnant woman until ten weeks after childbirth.
Article 421
The execution of the death sentence is carried out in the presence of the following persons: A - The president of the panel that issued the judgment. If unable to attend, the First President of the Court of Cassation appoints a judge for this purpose. B - The public prosecutor at the court that issued the judgment or one of his assistants. C - A judge from the civil court of first instance where the execution takes place. D - The clerk of the court that issued the judgment. E - The attorney of the convicted person. F - A clergyman from the religious sect to which the convicted person belongs. G - The prison director. H - The commander of the judicial police in Beirut or his delegate, or the commander of the gendarmerie company where the execution takes place or his delegate. I - The prison doctor or the forensic doctor in the area.
Article 422
The civil judge, referred to in paragraph (C) of the previous article, asks the convicted person if he has anything he wishes to say or declare before the execution of the sentence. This is recorded in a special report signed by him and the clerk.
Article 423
The clerk of the court that issued the judgment prepares a report on the execution of the death sentence, signed by those mentioned in paragraphs (A), (B), and (D) of Article 421 of this law at the place where the execution was carried out. A copy of this report is posted for twenty-four hours at the place of execution. The clerk copies the execution report at the end of the original judgment kept at the court.
Article 424
It is prohibited to publish any statement in the newspapers regarding the execution of the death sentence except for the report mentioned in the previous article. Any violation of this prohibition exposes the perpetrator to the penalty stipulated in Article 420 of the Penal Code.
Section Twelfth Execution Issues of Criminal Judgments
Article 425
The court's jurisdiction over the case ceases when it issues its judgment.
Article 426
If a purely material error, whether clerical or computational, occurs in the judgment or in the decision issued by one of the judicial authorities, this authority can correct the error on its own initiative or upon the request of one of the parties to the case. The correction is decided in chambers, and the correction issued is noted in the margin of the judgment or decision.
Article 427
The court that issued the judgment is competent to consider the request for its interpretation. It decides after consulting the opinion of the Public Prosecution.
Section Thirteenth Transitional Provisions
Article 428
The Code of Criminal Procedure issued on 18/09/1948 and its amendments are hereby repealed, as well as all provisions and legislative texts that are contrary to or inconsistent with this law.
Article 429
This law shall come into effect three months after its publication in the Official Gazette.