At Khalifa Sall's trial, it is requested that the rejection decisions be motivated



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Should the decisions rejecting the objections to jurisdiction, unconstitutionality and lis pendens be submitted to the Court of Appeal, as are the judgments delivered at first instance?

The question was considered serious by François Sarr, one of Khalifa Sall's lawyers. According to him, Judge Demba Kandji will have to say whether the provisions of the Code of Criminal Procedure which frame the debates at the end of a trial and the reasons for the judgments are or are not in conformity with the law.

The defense of the Mayor of Dakar is part of a logic that "when we make a decision in connection with their request, we take the trouble to explain it." "In law, decisions must be reasoned," pleads Mr. Sarr. Counsel thus approached the appeal judge on this issue, finding that the lack of motivation undermined "the principles of necessity, legality and good admiration of justice". It emphasizes that "the obligation is on the judge to justify any decision".
However, because of the complexity of the case of the advance fund, related to the number of exceptions raised, it is not possible to immediately write the motivation sheet …

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