Article 157: Filing a Charge with the Competent Court

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 522/2522 (1979)

   Where a case falls within military-court jurisdiction from the moment the charge is accepted, the charge must be filed with the court having jurisdiction under Section 157. A civilian court cannot acquire the power to try such a case merely by ordering the charge accepted.

   The offence date placed the case within the jurisdiction of the military court, which appeared from the outset when the charge was accepted. The Court reasoned that filing must be with the court having jurisdiction under Section 157, and that a civilian court could not gain trial power simply by accepting the charge.

2. Arrêt de la Cour suprême n° 1640/2503 (1960)

   Where the facts pleaded fall only under an offence within a civilian court's competence, the mere citation of an additional section that would fall under military-court jurisdiction does not force the charge to the military court, and the civilian court may examine and accept the charge on the civilian offence.

   The plaintiff cited both a section within military-court jurisdiction and one within civilian jurisdiction, but the pleaded facts fit only the civilian offence. The Court held the case did not have to go to the military court and that the trial court properly examined and accepted the charge on the civilian offence.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.