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CAP. 9.]
CRIMINAL CODE
the direction.
(6) The court shall abstain from taking cognizance of an
application as is mentioned in subarticle (4) if such application is
filed after the lapse of three months from the expiration of the timelimit fixed by the court for compliance with such direction.
(7) On entering a direction under this article the court shall
explain to the offender in ordinary language his liability under this
article if he fails to comply with that direction.
Appeals.
Added by:
XXIX. 1990.3.
28I. (1) For the purposes of any right of appeal an order made
by a court under article 28B(1) or article 28H(5) that a suspended
sentence shall take effect shall be treated as a sentence passed on
the offender by that court for the offence for which the suspended
sentence was passed.
(2) Nothing in this article shall affect the right of appeal of any
person against conviction or sentence provided for in this Code but
no appeal shall be permitted on any of the following matters:
(a) the length of the operational period fixed under article
28A(1);
(b) any variation of the operational period made under
article 28B(2)(b);
(c) any direction entered under article 28H for the making
of restitution or the payment of compensation, the
length of the time-limit fixed for the making of such
restitution or the payment of such compensation under
subarticle (2) of that article, or the determination of
the amount of compensation payable under subarticle
(3) of that article.
Procedure in
default of payment
of fine (ammenda
or multa).
Amended by:
IV.1856.2;
II.1886.5;
XVI.1888.5;
XII. 1914.6;
XXII. 1934.5;
I. 1939.2;
III. 2002.15.
29. (1) Any person sentenced to the payment of a fine
(ammenda or multa) and who is granted the benefit of time by order
of the court according to the provisions of article 14(2), and who
does not pay such fine in accordance with the conditions laid down
in the same order, shall be liable to be arrested and brought before
the court; and the court, upon ascertaining the identity of the person
sentenced and that payment has not been paid according to the
conditions of the order, shall commit such person to undergo the
detention or imprisonment prescribed in substitution for the fine
(ammenda or multa), or in substitution of the balance of the fine
(ammenda or multa) still unpaid, as the case may be. The arrest
shall take place upon a warrant to be issued by the court.
(2) The aforesaid warrant shall be issued within four days from
the date of any breach of the conditions laid down by the court in
its order or from the date of the expiration of the period prescribed
for payment under article 14:
Provided that no plea in favour of the person sentenced
shall be admissible by reason of the fact that the issue of such
warrant was, for any reason whatsoever, delayed beyond the said
period of four days.
(3)
The court may, on the application of the Police and on