Practice question
A charge falls under Article 316 rather than Article 315(2). May the court ignore the distinction and say all swindling categories were excluded?
- Yes, all Article 316 cases are expressly the same as the stated Article 315 exclusions.
- Yes, the code article is irrelevant to the listed category.
- Yes, only the amount of counsel’s fee determines coverage.
- Yes, every property accusation automatically is an unlisted offense.
- No; other forms of swindling under Article 316 are expressly listed.
Legal references
- A.M. No. 15-06-10-SC, April 25, 2017, Revised Guidelines for Continuous Trial of Criminal Cases, Part III, items 8(b), 8(f) and 9 (primary text reproduced by WIPO Lex): https://www.wipo.int/wipolex/en/legislation/details/20516
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