If the act referred to the correctional court as a misdemeanour is likely to result in a criminal penalty, the court shall refer the public prosecutor to proceed in such manner as it shall advise.
It may, after hearing the Public Prosecutor, issue, by the same decision, a committal or arrest warrant against the accused.
The provisions of the two preceding paragraphs shall also apply if the criminal court, in its composition provided for by the third paragraph of Article 398, considers, as a result of the proceedings, that the matter referred to it as one of the offences referred to in Article 398-1 is of such a nature as to give rise to a penalty provided for an offence not covered by that article.
When a case is referred to it by referral ordered by the examining magistrate or the investigating chamber, the criminal court may not apply, of its own motion or at the request of the parties, the provisions of the first paragraph, if the victim was a civil party and was assisted by a lawyer when the referral was ordered. However, the criminal court hearing proceedings for a non-intentional offence retains the possibility of referring the case to the public prosecutor if it emerges from the proceedings that the acts are of such a nature as to entail a criminal penalty because they were committed intentionally.