The criminal court has the power to declare the nullity of proceedings brought before it except where it is seised by a referral ordered by the examining magistrate or the investigating chamber.
However, in the event that the parties have not been notified of the order or judgment that referred the matter to it under the conditions provided for, as the case may be, by the fourth paragraph of article 183 or by Article 217, or if the order was not made in accordance with the provisions of Article 184, the court shall refer the proceedings back to the public prosecutor to enable him to refer the matter again to the investigating court so that the proceedings can be regularised.
Where the investigating judge’s committal order has been made without the conditions provided for by Article 175 have been complied with, the parties remain admissible, notwithstanding the provisions of the first paragraph, to raise nullities in the proceedings before the criminal court.
Where the proceedings before it have not been referred to it by the investigating court, the court shall rule on objections based on the nullity of the previous proceedings.
The nullity of the summons may only be pronounced under the conditions provided by Article 565.
In all cases, objections to nullity must be presented before any defence on the merits.