-27against them". Article 590 of the same Code for its part provides that, "an Appellant
may either make a statement or, within a period of two months, submit a Brief setting
out his grounds of appeal to the Registry of the Court with which the appeal is lodged
"
101.
Appeals at the Cour de Cassation may therefore be brought in two different
ways: either through a notice of appeal together with the submission of a head of
argument within a time limit of five days from the pronouncement of the impugned
judgement or through a notice lodged within the same five day time limit and the
submission of a brief of argument within two months after the said statement is made.
The appellant is not therefore required to submit his brief at the time of the notice of
appeal, or within five days after the impugned judgment.
The issue at hand is in
regard to the content of the notice of appeal. Can an appeal be properly lodged when
the appellant is not in possession of the impugned judgment at the time of drafting his
notice of appeal?
102.
The Respondent State claims that the full judgment was pronounced in the
presence of the Applicant and his Counsel.
Moreover, it alleges that parties are
allowed to obtain an extract from the Registrar in Court; which extract contains all the
operative provisions and suffices for use in lodging appeals. Furthermore, while in
detention, the Appellant may still appeal.
103. The Court notes that Article 485 of the Burkinabe Criminal Procedure Code
provides that:
"Judgements must indude the grounds and the operative paragraph or paragraphs. Grounds
constitute the basis for the judgment The operative paragraphs la~ut the offences on the basis
of\11/hich the indictee is found guilty or held liable as well as the punishment, the applicable law and
the damages. Judgement is pronounced by the presidng Judge. The operative paragraphs
state the aimes, of \11/hich the indictee is dedared guilty or liable, as well as the sentence, the law
applied and the damages. The judgment is read by the Presiding Judge''